Henry Hazlitt and the Ex-Im Bank

Henry Hazlitt is most famous for his book Economics in One Lesson. Export-Import Bank supporters have consistently ignored a very important part of Hazlitt’s simple lesson: don’t just look at how a policy affects some people; look at how it affects all people. Ex-Im subsidizes loans that benefit a number of businesses. But supporters’ case-making usually begins and ends with those businesses, systematically ignoring almost everyone else. As Hazlitt points out, this is a basic analytical mistake.

There is much more to the story. For example, if a company benefits from Ex-Im financing, any of its competitors who don’t also use Ex-Im are put at an artificial disadvantage, through no fault of their own. This is hardly fair play.

There is another cost to competitors: Ex-Im is in a powerful position, able to pick winners and losers. This is an open invitation to corruption—an area where cheaters have a distinct advantage over honest companies. At least 74 potential corruption cases involving Ex-Im became public between 2009 and 2014. This is a genuinely impressive feat for an agency with only 400 employees. Part of Ex-Im’s costs to all of us can be put in terms of ethics and virtue, not just dollars.

Beneficiaries’ direct competitors are not Ex-Im’s only victims. Ex-Im harms other domestic businesses in a number of ways. As I’ve noted before, Delta Airlines has complained that Ex-Im’s Boeing-related subsidies to foreign airlines has caused it direct harm. Ex-Im has made deals with airlines all over the world, including countries such as Australia, China, and India (for a full list, see pp. 45-49 of Ex-Im’s 2014 annual report). Many Ex-Im subsidized airlines directly compete with U.S.-based airlines.

One last “affects everyone” point is there is only so much capital to go around. If an Ex-Im loan guarantee to a foreign company persuades a bank to make a billion-dollar loan that Ex-Im client, that’s a billion dollars that cannot go to other companies that might be able to create more value for consumers, whether here or abroad. Every time Ex-Im makes a financing decision, it potentially hurts global innovation. The same argument holds for Ex-Im’s many foreign counterparts.

Ex-Im has had an easy time building its reauthorization case because the benefits it creates for specific companies are easy to see. But as Hazlitt reminds, a full picture of Ex-Im’s merits requires looking not just at its favored few beneficiaries, but at how the bank affects everyone, even when those costs are hard to see. Adding up the merits and demerits on a more complete ledger leaves one with no choice but to favor an end to Ex-Im and its favoritism.

Ex-Im and Boeing, Sitting in a Tree

In most years, nearly half of the Export-Import Bank’s business is for Boeing’s benefit. The relationship between the two is so cozy that Ex-Im’s informal nickname around Washington is the “Bank of Boeing.” Yet, in an interview with Politico, Ex-Im president and chairman Fred Hochberg said, “We don’t lend a single penny to Boeing.”

Oddly enough, both assertions are true—Boeing really is by far Ex-Im’s biggest beneficiary, despite no direct loans. That’s why Hochberg’s statement is misleading. Ex-Im does make loans, but most of its business is in guaranteeing loans made by other banks. As Hochberg puts it, Ex-Im does this “so that Egyptian Airways can choose a Boeing plane over an Airbus plane. That way they can make their choice on the basis of the product, not because somebody’s offered cut-rate financing on one side of the deal and the other one is cash only. That would make it a very un-level playing field.”

In other words, even if Ex-Im doesn’t give Boeing direct loans, Ex-Im still gives the company an artificial assist. Contrary to Hochberg’s claim about preventing an un-level playing field, this creates one.

Of course, the counterargument Ex-Im defenders make is that other countries do their own un-levelling with their export agencies, so the U.S. needs to fight back. If other countries want to distort their capital markets and redirect billions of dollars of scarce capital to politically connected companies, that’s their business. But just because other countries make mistakes doesn’t mean, therefore, the U.S. should make the same mistake.

Then again, Ex-Im may not even help U.S. businesses on net. What helps Boeing hurts other U.S. businesses. Delta Airlines complained that Ex-Im’s favorable deals with foreign airlines make it artificially difficult for Delta to compete abroad, and even pushed it out of India, the world’s second-largest country, altogether.

Hochberg’s remark is similar to Ex-Im officials’ earlier deflections when the agency was accused of giving loans to companies such as Enron and Solyndra. As I explained in footnote 10 of my earlier paper:

The Bank notes that it did not provide direct financing to either Enron or Solyndra. Instead, it provided “export financing support to the company’s foreign customers who purchased services or products from Enron,” and “provided a loan guarantee to a Belgian bank that in turn financed the purchase of solar panels from Solyndra.” This still qualifies as giving Enron and Solyndra special favorable treatment, which is the larger point.

Hochberg and other Ex-Im defenders can play semantic games all they like, which they no doubt will do at both Senate and House hearings this week. The reason they must play such games is that on the merits, the agency remains one of the U.S. government’s largest corporate welfare programs. Congress should refuse to reauthorize Ex-Im on those grounds.

CEI’s Battered Business Bureau: The Week in Regulation

It was a four-day work week because of the Memorial Day holiday, but regulators still had a busy week, with new regulations covering everything from potato-handling to area code overlays. The Federal Register also topped the 30,000-page mark.

On to the data:

  • Last week, 70 new final regulations were published in the Federal Register, after 49 the previous week.
  • That’s the equivalent of a new regulation every two hours and 24 minutes.
  • So far in 2015, 1,236 final regulations have been published in the Federal Register. At that pace, there will be a total of exactly 3,000 new regulations this year, which would be several hundred fewer rules than the usual total of 3,500-plus.
  • Last week, 980 new pages were added to the Federal Register, after 1,780 pages the previous week.
  • Currently at 30,799 pages, the 2015 Federal Register is on pace for 74,755 pages.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Nine such rules have been published so far this year, none in the past week.
  • The total estimated compliance cost of 2015’s economically significant regulations ranges from $1.36 billion to $1.44 billion for the current year.
  • 104 final rules meeting the broader definition of “significant” have been published so far this year.
  • So far in 2015, 216 new rules affect small businesses; 32 of them are classified as significant.

Highlights from selected final rules published last week:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

Politics vs. Principle: Export-Import Bank Edition

On the merits, the case for closing the Export-Import Bank is a slam-dunk. This has made life difficult for the bank’s supporters, especially since the bank will permanently close on June 30 unless Congress reauthorizes its charter. So they are switching to politics.

One of the top items on Congress’ agenda is Trade Promotion Authority (TPA), Despite some drawbacks, TPA would make international trade a little freer than it is now. Seeing a point of entry, Ex-Im supporters tried to tie Ex-Im reauthorization into the TPA bill. This way, a Senator who opposes Ex-Im might have to hold his nose and vote for it anyway, since it would be part of the larger TPA bill he supports.

This attempt was rebuffed, and a clean TPA bill is poised to pass the Senate. But Sens. Maria Cantwell (D-WA) and Patty Murray (D-WA), both coincidentally from major Ex-Im beneficiary Boeing’s home state, did exact a promise from Senate leadership: the Senate will soon hold a separate vote on Ex-Im reauthorization. This is important, since Ex-Im will close if Congress does nothing.

Since Ex-Im reauthorization is likely to pass the Senate, the political focus moves to the House. Sen. Cantwell tried to get Speaker Boehner to promise to hold a House Ex-Im vote, but he refused. But nor will he get in the way of a vote if members of his own chamber decide to bring one up.

At least 90 House members oppose Ex-Im reauthorization, according to Heritage Action. The Republican Study Committee (RSC) announced its opposition to Ex-Im reauthorization, though not all RSC members share that stance, most notably Rep. Stephen Fincher (R-TN), who is sponsoring an Ex-Im reauthorization bill. Despite this substantial groundswell, a House majority is 218 members, and it remains to be seen if enough other members will stand firm in opposing the bank.

So that’s where the issue stands right now. The merits of Ex-Im were decided long ago—despite affecting less than 2 percent of U.S. exports, the agency has still managed to divert billions of dollars of capital away from deserving businesses, subsidize U.S. firms’ foreign competitors, and cause dozens of corruption cases. Now the question becomes whether politics are stronger than principle. Either way, Congress’ pending answer will be revealing.

CEI’s Battered Business Bureau: The Week in Regulation

The big regulatory news from last week was the publication of the semiannual Unified Agenda, which lists most upcoming regulations from rulemaking agencies at various stages of the regulatory process. It is one of the most important transparency tools we have for keeping an eye on new regulations, which may explain why it was published just as people are getting ready for the long Memorial Day weekend, and why the user interface is surprisingly difficult to use for such a simple document. Take a look at the Unified Agenda here, and you’ll see what I mean.

On to the data:

  • Last week, 49 new final regulations were published in the Federal Register, after 46 the previous week.
  • That’s the equivalent of a new regulation every three hours and 26 minutes.
  • So far in 2015, 1,166 final regulations have been published in the Federal Register. At that pace, there will be a total of 2,944 new regulations this year, which would be several hundred fewer rules than the usual total of 3,500-plus.
  • Last week, 1,780 new pages were added to the Federal Register, after 1,333 pages the previous week.
  • Currently at 29,819 pages, the 2015 Federal Register is on pace for 75,301 pages.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Nine such rules have been published so far this year, one in the past week.
  • The total estimated compliance cost of 2015’s economically significant regulations ranges from $1.36 billion to $1.44 billion for the current year.
  • 98 final rules meeting the broader definition of “significant” have been published so far this year.
  • So far in 2015, 203 new rules affect small businesses; 31 of them are classified as significant.

Highlights from selected final rules published last week:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

17th Century Fart Jokes

A commentary on the rule of law from p. 95 of Nicholas Vincent’s Magna Carta: A Very Short Introduction:

Oliver Cromwell, chief architect of the most violent of the 17th-century revolutions, informed as Lord Protector that he was acting contrary to Magna Carta, is said to have replied that ‘their Magna Farta should not control [Cromwell’s] actions’.

The author also did an excellent podcast with Russ Roberts on EconTalk, which you can listen to here.

CEI’s Battered Business Bureau: The Week in Regulation

It was a slow week despite more than 1,300 Federal Register pages, with just 36 proposed regulations and fewer than 50 final regulations, ranging from spearmint oil to flying over Baghdad.

On to the data:

  • Last week, 46 new final regulations were published in the Federal Register, after 65 the previous week.
  • That’s the equivalent of a new regulation every three hours and 39 minutes.
  • So far in 2015, 1,111 final regulations have been published in the Federal Register. At that pace, there will be a total of 2,955 new regulations this year, which would be several hundred fewer rules than the usual total of 3,500-plus.
  • Last week, 1,333 new pages were added to the Federal Register, after 1,609 pages the previous week.
  • Currently at 28,039 pages, the 2015 Federal Register is on pace for 74,572 pages.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Eight such rules have been published so far this year, none in the past week.
  • The total estimated compliance cost of 2015’s economically significant regulations ranges from $917 million to $970 million for the current year.
  • 92 final rules meeting the broader definition of “significant” have been published so far this year.
  • So far in 2015, 196 new rules affect small businesses; 30 of them are classified as significant.

Highlights from selected final rules published last week:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

Ten Thousand Commandments

The 2015 edition of Ten Thousand Commandments is out now. The report gives a 30,000-foot view of the federal regulatory state: how many new regulations come out each year (3,500+), how much they cost ($1.88 trillion annually), and other important information, along with a menu of reform ideas.

This kind of big-picture information is readily available for the federal budget, but not the regulatory state. 10KC is an effort to make the government’s most opaque branch a little more transparent.

You can read the whole report here. If you prefer a shorter version, the Wall Street Journal wrote an editorial summarizing the study’s main findings, as did Investor’s Business Daily and the Washington Times. Wayne Crews and I also have an op-ed in today’s Fresno Bee:

And although members of Congress like to blame agencies for these costs, lawmakers share part of the blame… While Congress passed 224 laws last year, agencies issued 16 times more new regulations – 3,554 new rules in total. This huge disparity between laws passed and regulations issued by unelected agency officials can be described as an “unconstitutionality index,” which averaged 26 regulations issued for every law passed over the last decade.

Slow News Day

Politico: J.K. Rowling: Harry Potter character not named after Sen. Elizabeth Warren

CEI’s Battered Business Bureau: The Week in Regulation

Last week’s raft of new rules covers everything from school lunch workers to Flugzeugbau gliders.

On to the data:

  • Last week, 65 new final regulations were published in the Federal Register, the same number as the previous week.
  • That’s the equivalent of a new regulation every two hours and 35 minutes.
  • So far in 2015, 1,065 final regulations have been published in the Federal Register. At that pace, there will be a total of 2,992 new regulations this year, which would be several hundred fewer rules than the usual total of 3,500-plus.
  • Last week, 1,609 new pages were added to the Federal Register, after 1,975 pages the previous week.
  • Currently at 26,706 pages, the 2015 Federal Register is on pace for 74,694 pages.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Eight such rules have been published so far this year, one in the past week.
  • The total estimated compliance cost of 2015’s economically significant regulations ranges from $917 million to $970 million for the current year.
  • Ninety final rules meeting the broader definition of “significant” have been published so far this year.
  • So far in 2015, 189 new rules affect small businesses; 30 of them are classified as significant.

Highlights from selected final rules published last week:

For more data, see Ten Thousand Commandments and follow @10KC and@RegoftheDay on Twitter.