Making the Federal Government Lean Again: New at Reason

CongressWe are not in a full-scale war. We are not in a recession or fighting a high unemployment rate. But the federal government is spending as if we were a teenager with a parent’s credit card. Trillion-dollar deficits are coming back soon, so this is the perfect moment to start talking about government austerity.

According to the Congressional Budget Office, even before taking under consideration the budget impact of the Tax Cuts and Jobs Act and the added spending from the budget deals, we are about three years away from the next $1 trillion deficit. Also, this year, the Department of the Treasury will inevitably have to borrow hundreds of billions of dollars to pile on top of our already eye-popping $20.6 trillion of gross debt, which is public debt plus the debt the federal government owes to other accounts, such as Social Security. That’s over 100 percent of our gross domestic product. It will also have to request yet another increase to its borrowing limit, writes Veronique de Rugy.

View this article.

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“This Won’t End Well” – Mortgage Rates Spike To 4-Year Highs

Growth? Inflation? Be careful what you wish for, as the surge in Treasury yields has sent mortgage interest rates to their highest in four years, flashing a big red warning light for affordability and home sales in 2018…

The U.S. weekly average 30-year fixed mortgage rate rocketed up 10 basis points to 4.32 percent this week. Following a turbulent Monday, financial markets settled down with the 10-year Treasury yield resuming its upward march. Mortgage rates have followed. The 30-year fixed mortgage rate is up 33 basis points since the start of the year.

Will higher rates break housing market momentum?

As the following chart shows, that surge in rates will have a direct impact on home sales (or prices will be forced to adjust lower) as affordability collapses…

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Can the Freedom Caucus Kill the Deficit-Busting Budget Deal?

When congressional Republicans spent the Obama years warning about the dangers of rising debt and uncontrolled spending, the loudest voices often came from about three dozen lawmakers in the House. That group, the Freedom Caucus, now has the difficult task of facing down a Republican-backed proposal to ramp up spending.

The bipartisan budget deal announced yesterday would annihilate Obama-era spending caps in order to boost federal spending by nearly $400 billion. Limits on military spending imposed by the 2013 sequester would be removed, allowing the Pentagon to receive an additional $80 billion this year and $85 billion next year, The Washington Post reports. Other lids on the discretionary budget would be similarly lifted, allowing for billions of new spending on infrastructure, public health, and disaster aid.

The two-year budget deal is indeed “a Christmas tree of spending,” as Freedom Caucus Chair Mark Meadows (R-N.C.) warned Wednesday during an appearance on MSNBC.

Meadows and his fellow budget hawks have been able to use their influence in the House GOP conference to nudge some policies in a more libertarian direction this session, but with very limited success. They complicated the passage of a mass surveillance reauthorization package, and they forced some changes to the ill-fated “repeal and replace” health care plan. But the caucus completely folded to the leadership on a tax bill that promised to increase the federal deficit by more than $1 trillion dollars, and it did nothing to stop the October passage of a temporary budget deal foreshadowing this week’s proposal to make it rain for the Pentagon (and everyone else).

Now the Freedom Caucus says it is officially opposed to the budget deal:

Some individual members of the group are also saying the right things about a budget that virtually guarantees the return of trillion-dollar deficits. In a tweet, Rep. Justin Amash (R-Mich.) called the proposal a “disgusting and reckless” bit of “fiscal insanity.” Rep. Mo Brooks (R-Ala.) told The Hill that he was a “hell no” on the spending plan, which he described as a “debt-junkie’s dream.” Other members, such as Rep. Jim Jordan (R-Mich.), have tried to appeal to Speaker Paul Ryan’s supposed interest in reducing deficits.

The Freedom Caucus might have lost some of its ability to influence the outcome of the budget deal after going along with the tax bill and last year’s spending plan. Republicans convinced themselves—without any hard evidence, not even from the friendliest of policy shops—that the $1.5 trillion tax cut would pay for itself, and now they’re being asked to swallow the same fiscal baloney in a different casing.

The bill would require borrowing about $1.7 trillion over the next 10 years to finance discretionary spending increases, according to calculations from Keith Hennessey, a former economic advisor to President George W. Bush. Though the budget deal covers only two years, this huge boost in federal spending—50 percent greater than the tax cut passed just two months ago—is likely to be felt for much longer. “If you increase discretionary spending by $150 [billion] per year for each of the next two years, you establish higher expectations and a new benchmark, a new baseline, against which future discretionary spending proposals will be judged,” Hennessey points out.

Allow this budget to pass, and the damage will linger for decades.

How much influence the Freedom Caucus will have over the budget deal will be determined—somewhat ironically—by whether Democrats’ appetite for increased spending overwhelmes their interest in immigration policy.

“You’ll end up with 120 or 140 Democrats and maybe about the same on Republicans sending this to the president’s desk,” Meadows said Wednesday. This morning, citing Ryan and Meadows, Bloomberg reported that no more than about 50 Democratic votes might be necessary to counter Republican defections.

It remains unclear whether House Democrats will get on board unless the budget deal comes with a promise to hold a vote on immigration legislation. Ryan has declined to make any commitment to holding an immigration vote, but in a radio interview this morning he expressed confidence that the deal will pass the House.

So the House Freedom Caucus may need to join forces with pro-immigration Democrats if they are to stop the budget deal. If Meadows is right about the bill’s prospects, though, there’s probably not much that will stop the House from passing this fiscal insanity.

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The Firesale Begins: China’s HNA Starts Liquidating Billions In US Real Estate

Yesterday we explained  that one of the reasons why Deutsche Bank stock had tumbled to the lowest level since 2016, is because its top shareholder, China’s largest and most distressed conglomerate, HNA Group, had reportedly defaulted on a wealth management product sold on Phoenix Finance according to the local press reports. While HNA’s critical liquidity troubles have been duly noted here and have been widely known, the fact that the company was on the verge (or beyond) of default, and would be forced to liquidate its assets imminently, is what sparked the selling cascade in Deutsche Bank shares, as investors scrambled to frontrun the selling of the German lender which is one of HNA’s biggest investments.

Now, one day later, we find that while Deutsche Bank may be spared for now – if not for long – billions in US real estate will not be, and in a scene right out of the Wall Street movie Margin Call, HNA has decided to be if not smartest, nor cheat, it will be the first, and has begun its firesale of US properties.

According to Bloomberg, HNA is marketing commercial properties in New York, Chicago, San Francisco and Minneapolis valued at a total of $4 billion as the indebted Chinese conglomerate seeks to stave off a liquidity crunch. The marketing document lists six office properties that are 94.1% leased, and one New York hotel, the 165-room Cassa, with a total value of $4 billion.

One of the flagship properties on the block is the landmark office building at 245 Park Ave., according to a marketing document seen by Bloomberg.

HNA bought that skyscraper less than a year ago for $2.21 billion, one of the highest prices ever paid for a New York office building. The company also is looking to sell 850 Third Ave. in Manhattan and 123 Mission St. in San Francisco, according to the document. The properties are being marketed by an affiliate of brokerage HFF.

This is just the beginning as HNA’s massive debtload – which if recent Chinese reports are accurate the company has started defaulting on – is driving the company to sell assets worldwide.

According to Real Capital Analytics estimates, HNA owns more than $14 billion in real estate properties globally. The problem is that the company has a lot more more debt. As of the end of June, HNA had 185.2 billion yuan ($29.3 billion) of short-term debt — more than its cash and earnings can cover. The company’s total debt is nearly 600 billion yuan or just under US$100 billion. Which means that the HNA firesale is just beginning, and once the company sells the liquid real estate, it will move on to everything else, including its stake in all these companies, whose shares it has already pledged as collateral.

So keep a close eye on Deutsche Bank stock: while HNA may have promised John Cryan it won’t sell any time soon, companies tend to quickly change their mind when bankruptcy court beckons.

Finally, the far bigger question is whether the launch of HNA’s firesale will present a tipping point in the US commercial (or residential) real estate market. After all, when what until recently was one of the biggest marginal buyers becomes a seller, it’s usually time to get out and wait for the bottom.

 

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Consumers Are Open to Superhuman Vision and Cognitive Enhancements. Are Regulators?

Body modifications that restore lost capabilities have existed since the invention of the prosthetic limb in the 11th century. But we are now several years into an era of technologies that do more than crudely mimic lost parts. The BiOM Ankle System, developed by double-amputee Hugh Herr at the Massachusetts Institute of Technology, is the first prosthetic to achieve “biomechanical and physiological normalization.” Researchers at Johns Hopkins University, meanwhile, have developed a bone-integrated prosthetic arm that operates using the same nerve signals that controlled the original human limb. In 2016 the Food and Drug Administration approved the first closed-loop insulin delivery system that effectively mimics the function of the pancreas for type-1 diabetics. And just two months ago, the agency approved the first therapy that can replace the defective gene that causes a rare form of inherited blindness.

Yet a new survey released by the AARP finds that most Americans are unfamiliar with advances in human enhancement technology, and upon learning of them are supportive only up to a point. “Most people agreed that these technologies would help the people who used them even if they’re scared of what it might to do to society as a whole,” says Debra Whitman, director of policy for the AARP.

The AARP commissioned NORC to survey 2,000 Americans in August and September of last year. Respondents were asked about five generic categories: vision enhancement, joint enhancement, cognitive enhancement via medication, cognitive enhancement via implant, and gene therapy. NORC also polled respondents on three imaginary technologies dreamed up by the Dubai Future Foundation: the Endorphomatic, a device applied to the forehead that measures hormone levels and uses those readings to “improve mood and enable relaxation”; Autolingua, a brain implant that allows users to understand five common languages; and New Knees, a joint replacement technology that would grant users superhuman running, jumping, and lifting abilities.

Only 25 percent of respondents knew “some” or “a lot” about enhancement technology, a finding that Whitman attributes partly to the communication gap between researchers and the general public, partly the definition. Only nine percent of respondents said they had used an existing enhancement technology, a definition that includes organ transplants, pacemakers, prosthetics, joint replacements, and medications. A more expansive definition that included, say, reading glasses, corrective eye surgery, platelet-rich plasma injections, and orthopedic shoe inserts would have found a substantially larger group. Then again, we don’t tend to think of ubiquitous technologies as technology at all. On the long spectrum of human accomplishment, microwaves and televisions are closer to the Enterprise’s holodeck than to the horse and buggy, but by now we treat them as relatively pedestrian.

Perhaps because of the definition, only a minority of respondents expressed personal interest in enhancing their own abilities. Medication-assisted cognitive enhancement was the most popular at 43 percent, followed by vision enhancement at 35 percent, implant-assisted cognitive enhancement at 34 percent, and joint enhancement at 25 percent. Support for each was highest in scenarios where the technology would restore lost abilities, with support declining as the perceived necessity declined. The below chart is for both types of cognitive enhancement, but the results for vision and joints look pretty much the same:

Concerns about enhancement revolved around socioeconomic access, surveillance, medical side effects, and social stratification by ability. Surprisingly, a majority of respondents agreed that these enhancements “should be available to everyone who wants them”:

Eighty percent of respondents think “ethics professionals” should be involved in decisions about enhanced technologies, while only 37 percent said that religious leaders should play a role:

Support for the Dubai Future Foundation’s concepts, meanwhile, skewed male, educated, and secular:

For the most part, support for enhancement was highest among people who are already familiar with, or using, existing enhancement technologies; who are male and under 50; and who identify as “non-believers.” Basically, the Silicon Valley/nootropics/biohacking set. Protestant resistance to enhancement, which is consistent across the study, took me by surprise. I’d love to know whether the skepticism is socioeconomic (This will just make the rich richer) or theological (If God wanted me to have Go Go Gadget Arms, etc.); and also why followers of other religions are more sanguine about it.

While the generic cognitive enhancement survey question says that respondents are most worried about the “effects on society,” the biggest two concerns expressed about Endorphomatic were unforeseen side effects (86 percent) and addiction (80 percent). That leads me to believe that as these technologies move from the realm of broad speculation to specific application, the concerns will be more immediate and visceral. When it came to New Knees, more people were worried about medical side effects than the effects on society, probably because it is easier to picture someone slicing open their knees and wacking at their connective tissue than it is to imagine how that procedure might change the world.

The least surprising aspect of the study was the overall support for drug-assisted cognitive enhancement. “When you look at the aging population, you see a lot of interest in cognition,” Whitman tells me. “People want to know, ‘How do we extend our health spans?'” The “health span” concept is exactly what it sounds like: the length of time for which we are not just alive, but healthy. With Alzheimer’s and other forms of dementia hanging over the largest generation of elderly persons America has ever seen, we should expect boomer and (eventually) Gen X support for cognition-enhancing technologies to only increase.

But even support across the age spectrum won’t necessarily pave the way for the most controversial category of enhancements—technologies that make us better than we are at our natural best. The hurdle for that category is purely philosophical, since we already have technologies that can produce supraphysiological results. Stimulants can help you focus better than you otherwise would; androgens can help you recover and gain muscle faster. But those and other drugs are regulated as therapies and are thus dispensable only for the treatment of specific diseases. And those two technologies aren’t even all that new. How will regulators respond to the first prototype of a product like Autolingua? I can’t imagine the Food and Drug Administration having nothing to say, but the agency also has no system for reviewing or approving medical technologies that don’t serve a diagnostic or therapeutic purpose.

Whether the concept tech envisioned by the Dubai Future Foundation is five years from possible or 50, it feels more immediate than a U.S. regulatory body that won’t try to strangle it in the crib.

Want to see more of the bionic man? Check out Freethink Media’s documentary about Johnny Matheny, the test subject for the world’s most advanced bionic prosthesis:

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Sex-Offender Registries Do More Harm than Good: Live Debate 2/12 in NYC

All the laws requiring those convicted of sex offenses to put their names in a registry should be abolished.

That’s the highly controversial resolution that will be argued at the next Soho Forum/Reason debate, on Monday, February 12 at New York’s Subculture Theater.

The Soho Forum is a monthly Oxford-style debate, meaning that the audience votes before and after the proceedings and the debater who has moved the most people in her direction is the winner. Soho Forum co-founder Gene Epstein will moderate one of the most-controversial subjects imaginable. Reason is proud to sponsor the Soho Forum, which is held monthly. Each debate is also live-streamed at Reason’s Facebook page and here at Reason.com. Go here for a full archive. To listen to an audio podcast version of the Soho Forum, subscribe to the Reason Podcast at iTunes.

Few laws are more popular than sex-offender registries, which are designed to keep predators like serial child molester Larry Nassar, the former USA Gymnastics team doctor, away from new victims after being released from prison. But do the laws actually do more harm than good?

Emily Horowitz will argue the affirmative position that registries should be abandoned. She is professor and chair of the sociology and criminal justice department at St. Francis College in Brooklyn, New York, where she founded a program that helps the formerly incarcerated complete college.

Marci A. Hamilton will take the negative. She is Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the Fox Leadership Program at the University of Pennsylvania.

Tickets must be purchased in advance.

General admission is $18 and student rate is $10. For this debate, you can bring a friend for free. See details here.

Soho Forum Debate on Sex-Offender Registries

Mon, February 12, 2018

6:30 PM – 8:30 PM EST

Subculture Theater

45 Bleecker St

New York, New York 10012

View Map

Cash bar opens: 5:45pm

Meeting convenes: 6:30pm

Wine-and-cheese Reception: 8:15pm

Tickets must be reserved in advance.

Reason TV’s “How Sex-Offender Registries Fail Us” (2012), discussed the case of a married couple in which the husband remained on California’s registry for life for having underage sex with his wife.

To watch previous Reason/Soho Forum debates on topics such as trade policy, the legacy of Barack Obama, whether libertarians should vote for Donald Trump, and more, go here now.

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Why Infrastructure Spending Won’t Make America Great Again

Authored by Christopher Westley via The Mises Institute,

This past Tuesday afternoon, I was speaking with a reporter who was interested in the positive effects of infrastructure spending that occurred in the form of fiscal “stimulus” in my part of the country, back during the dark days of the Great Recession, around 2009 and 2010. How did this help our region, he wanted to know? 

My answer: It didn’t help very much, and that if it did, then

(a) it didn’t matter because the growth was not sustainable — it would have stopped when infrastructure spending stopped;

(b) you would have to balance any seen positive economic activity with unseen, decreased economic activity on the part real people coerced to finance the stimulus;

(c) it may have delayed the correction to the extent that it allowed business owners and workers to put off making tough choices based on market signals: and

(d) you would have to believe economic growth is something that occurs due to infrastructure spending as opposed to the development of property rights institutions, saving, time preference, the specialization and division of labor, and so on.

Still, I wondered: Why the concern about infrastructure spending? Then I went about my day, ignoring Trump’s State of the Union, like a normal person. It was only this morning that I read about his infrastructure spending proposal:

Tonight I’m calling on Congress to produce a bill that generates at least $1.5 trillion for the new infrastructure investment that our country so desperately needs. Every federal dollar should be leveraged by partnering with state and local governments, and where appropriate, tapping into private sector investment, to permanently fix the infrastructure deficit. And we can do it.

Then it made sense. Infrastructure spending and its effects on the economy were pre-speech talking points, as were the Keynesian biases that this spending tempered the severity of the Great Recession, and would likely provide an economic boost in the future. 

The assumption is current levels of public infrastructure spending are deficient, and that as a result, highways, bridges, airports, trains, and waterways are today dilapidated, dirty, and dangerous. But if this were true, the more accurate conclusion would be that public infrastructure spending is among the biggest scams of the century. 

Rest assured, it’s not true. The fact is that federal, state, and local spending on transportation infrastructure is well into the tens of billions each month. As the chart below shows, this spending increased to over $25 billion a month in 2011, during the heyday of QE2. This number has only increased over time, as the average spending over the last two years has been just under $30 billion a month.

westley1_2.png

 

Monthly public spending on infrastructure in the US exceeds the annual GDP of Paraguay. Annually, we spend more on infrastructure than the GDP of Hong Kong.

Let’s admit it: If infrastructure spending promoted economic growth, the US economy would resemble a modern day Incan Empire. But to argue as much would be to claim that industrial revolutions occurred in the past mostly because the mass of workers were relieved, by force, of a portion of their wealth to finance new turnpikes, canals, and railroads.

This isn’t the case. The Industrial Revolution moved from England to the United States because capital became more secure in the latter relative to the former. Tom DiLorenzo points out in his book How Capitalism Saved America that most roads in the 19th century — when the Industrial Revolution moved from England to North America — were privately financed. 

It would take the advent of the 20th century Progressivism and the overweening nation-state that transportation functions became the domain of public-sector cartels. We should view this development as the exception, not the rule. As Walter Block wrote in The Privatization of Roads and Highways, “we must realize that just because the government has always built and managed the roadway network, this is not necessarily inevitable, the most efficient procedure, nor even justifiable.”

To be fair to Trump, he is at least promoting an issue that was a common talking point as a presidential candidate. At the time, my reaction was twofold. On the one hand, if the Feds must waste billions of dollars, better it be within our shores than overseas.1 (Why should the military-industrial complex always get the loot?) On the other hand, Candidate Trump’s focus on infrastructure expansion contradicted his criticisms of the ruling class, which he considered subservient to special interests. To assume that special interests don’t similarly influence infrastructure spending is naïve, in the least. 

People who are “like, really smart,” like Trump, get this better than anybody. But why the regime focus on infrastructure? A couple of possibilities come to mind.

First, wasteful infrastructure spending is at least visible. When taxpayers read about billions of dollars being misplaced in Afghanistan, for instance, it is seen as a zero-sum game. With the exception of “bridges to nowhere,” many people believe domestic infrastructure spending provides at least some net benefit — even when they acknowledge its unseen costs. The federal government has long had a difficult time justifying its very existence in the post-Cold War world. Infrastructure might then serve the propaganda purpose today that the Space Race served in the 1960s.

Second, the political class loves infrastructure spending because it can be so easily targeted, even down to the level of zip code. The ability to direct tens of millions of dollars in conscripted capital to politically important regions of the country is a godsend to a ruling class that depends on the support of key constituencies. While politicized spending dates back to the Washington administration, I have always admired the late Jim Couch’s important research on its effects in centralizing power during the New Deal. 

Given that infrastructure projects most always employ large numbers of local workers, this spending serves as a way for the State to maintain popular support by a large class of workers whose livelihoods now depend on federal spending. If a government that robs Peter to pay Paul can always depend on the support of Paul, then Trump’s proposal guarantees a good number of Pauls — a bought-and-paid-for voting bloc. 

While the Pauls can be identified, they should nonetheless be ignored. As Rothbard wrote in For a New Liberty (p. 387), “the chances of converting those who are waxing fat by means of State exploitation are negligible, to say the least. Our hope is to convert the mass of the people who are being victimized by State power, not those who are gaining by it.” Trump is at his populist best when he appeals to the victims. Unfortunately, he is at his populist worst when he adds to infrastructure spending already out-of-control by creating new divisions in society between the productive and parasitical classes. 

Why is this? Because in this new political era, a divided, unproductive government is one of the few things that most unites us, while a government united behind welfare or warfare boondoggles — including infrastructure spending — sow division. It’s no mistake that these divisions have increased as the institutional constraints on the redistributive state have been removed. 

Infrastructure is an effect of wealth creation, not its cause. Confusing this point is the road to hell, not prosperity, which is, as The Donald might say, “Sad!” 

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Unleash The Debt: Why The Senate Budget Deal Is Sending Yields Surging

When we commented last night on the Senate’s proposed bipartisan “deficit-busting” spending deal – one which will raise spending caps by $300bn over the next two years and incorporate a suspension of the debt limit until March 2019 – we observed that “the agreement will achieve one thing – lead to a surge in US debt issuance, and – by implication – even higher yields, leading to an even steeper drop in the market, not to mention more frequent VIX-flaring episodes.

With yields jumping and stocks sliding, so far this prediction appears on target.

As a reminder, one month ago Goldman predicted that  US debt issuance would more than double, rising from $488bn in 2017 to $1,030 billion in 2018.

asd

Of course, now that the spending caps have been raised by $300 billion, this implications is that the US deficit will surge, and net Treasury debt supply – needed to fund the deficit – in 2018 will get even bigger, something which is duly reflected in today’s surging 10Y yield.

But how much will the proposed deal spike the US deficit by? In a note from BofA’s chief rates strategist, Mark Cabana, we find the answer:

Assuming the bill becomes law, our deficit and Treasury supply estimates will be marked higher.

Yesterday’s bipartisan Senate agreement included a deal to fund the government beyond 8 February and boost spending levels for defense and non-defense programs over the next two years. The $300bn increase over the next two years is modestly larger than we expected and caused us to raise our deficit forecasts by $35bn and $20bn to $825bn and $1,070bn, respectively, assuming the law passage (Table 1).

Not all of the cap increase will translate into direct spending in each fiscal year given actual outlays can be spread over several years. Moreover, some of the increase in the spending caps came from budget gimmicks that just shifted funding toward domestic nondefense spending from other budget provisions; this is why our deficit estimates boost is below the total cap increase. The increase in disaster relief spending was generally in line with our estimates, which did not result in any revisions.

As a result of the highest deficit forecast, BofA has also revised its prior Treasury supply forecast higher:

We have addressed the increase in deficit financing need by raising our estimate of Treasury coupon auction sizes across the curve and relying on slightly greater bill supply in the near term. Specifically, we have amended our issuance forecast to include continued modest increases in 2- and 3-year auction sizes at the May refunding by an incremental $1bn/month while raising all other nominal coupon sizes by $1bn over the quarter. We then expect Treasury will continue with a gradual $1bn auction size for all nominal tenors over upcoming quarters until early 2019 (Table 3). These adjustments result in a more stable Treasury WAM over time (Chart 1).

The problem here is that the Treasury’s most recent quarterly borrowing estimates already imply a very large increase in marketable borrowing supply over the course of 1-2Q, especially in relation to the past five years (Chart 2).  As we discussed last week, the Treasury’s 1Q estimates suggest it will end up raising nearly $300bn in bills over the course of the quarter with most occurring between now and end March (Table 4).

The Treasury’s 2Q borrowing estimates also imply a much larger borrowing need and expected increase in bill supply versus recent history. And with the likely increase in the debt limit, there is now even more upside risks to the Treasury’s 1Q borrowing estimates given it might target a higher 1Q cash balance vs the $210bn it previously indicated.

Here, BofA adds, that using the Treasury’s marketable borrowing estimates as a guide, it still expects a sizeable Treasury bill supply boost in the near term, but it a bit more gradual than we previously envisioned (Chart 3). “We expect to see Treasury supply increased as early as next week.”

What are the immediate market implications: as we said last night, the increase in supply following the debt limit resolution should support higher rates and a steeper curve.

We also expect that increased front-end supply should support higher repo rates and modestly tighter USD funding conditions.

Similar front-end dynamics were observed after the debt limit increase in November 2015 and subsequent large Treasury supply build. After the debt limit resolution, the Treasury raised $267bn in net bill supply over the following five weeks. During that time GCF repo increased sharply, bills cheapened, the TU-OIS moved more negative, and FRA-OIS widened (Table 5). Note that reserve manager Treasury reductions around year end and the December 2015 Fed rate hike may also have contributed to the moves at this time.

At present, BofA flags the following considerations for market participants attempting to gauge the market impact of upcoming supply

  • Treasury bills should cheapen to trade flat or slightly above OIS. 3- and 6-month bills should trade at a positive spread vs matched maturity OIS, while 1m bills will likely trade near flat vs OIS. The backup in bills should cheapen discos as well and, together with higher GC repo, contribute to minimal usage of the Fed’s O/N RRP facility on non-quarter-end dates.
  • USD funding conditions should tighten as (1) money markets cheapen, placing upward pressure on CP and CD rates and (2) higher Treasury cash balances with the Fed draining reserves and reducing liquidity. This should lead to wider FRA-OIS and greater demand for USD through the cross currency basis market. The market is already pricing in expectations for additional tight funding, though we see risks that near-dated contracts could widen further with the elevated supply.

Finally, amid this debt tsunami, there is a silver lining: should the deal pass, there will be no default in mid-March:

The Senate agreement also suspends the debt limit and staves off a potential Treasury default, which we projected would occur in early March without an increase. The “suspension” of the debt limit does not set a new level for the amount of debt outstanding, but instead sets a date on which the debt limit will be reinitiated. Press reports indicate the debt limit will be suspended until March 2019, which removes this issue until Congress gets beyond the mid-term elections in November. A similar process of “suspending” the debt limit has been used over recent years.

And putting it all together in one chart: lower default risk now, much higher debt supply (and debt yields) later.

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Institute for Justice Sues New Jersey Over Ban on Home Bakers Selling Their Cakes

In New Jersey, selling a single cookie for profit can cost you up to $1,000 dollars in fines—it’s the only state that bans the sale of homemade baked goods for profits. But the Institute for Justice has filed a lawsuit arguing that the ban unconstitutionally restricts the rights of home bakers, and hopes to get the policy changed.

Earlier this week, the state moved to dismiss the lawsuit.

Heather Russinko, a single mother from New Jersey, was living paycheck to paycheck when she realized her love of baking could earn her a bit of extra money. She already had success selling her baked goods at local fundraisers, but when she tried to sell them for profit, the government shut her down.

“It was crushing because I always wanted to have my own business,” Russinko told CBS News. “I believe in creating your own destiny and being self-sufficient.”

It was the same for Liz Cibotariu, a mother of two who works as an Army helicopter technician in the National Guard and was a radio operator in the Iraq War. She also sought to supplement her family’s income with home baking, but in New Jersey, that isn’t possible.

Before selling a single item, New Jersey bakers must obtain a “retail food establishment” license, a costly process that requires the use of a commercial kitchen, inspections, paying fees, and compliance with hundreds of other regulations. With such high start-up costs, many home bakers are unable to maintain a business without breaking the law.

While most states have “cottage food laws” which carve out space for small-scale home-bakers in the market, New Jersey is the only state to have no such safety net. Earlier this year, in Wisconsin—the only other state to have similar regulations—the state Supreme Court struck down the ban as unconstitutional after the case was brought to court by IJ. The organization hopes to score a similar victory in New Jersey.

“Selling homemade cookies should not be a crime,” said IJ Senior Attorney Michael Bindas in a statement. “The New Jersey Constitution protects the right of entrepreneurs, including home bakers, to earn an honest living. When the cookie ban crumbles, they’ll be free to do so.”

On the legislative front, Americans for Prosperity (AFP) has been organizing home bakers efforts to overturn this legislative policy and pass the “Home Bakers Bill” for nine years. The bill—which would allow home bakers to skip most of the regulations—requires bakers to go through some degree of health certification and caps their earnings at $50,000. Despite these compromises, and although the bill has unanimously passed the New Jersey Assembly three times, the Home Bakers Bill remains defeated, largely because State Sen. Joe Vitale, a Democrat, refuses to let the bill go to floor.

“I’m just asking that there be some level of inspection to ensure that public health standards are met,” Vitale told CBS News. “This is a business model, and it doesn’t really talk about liability insurance. What if you make something and someone gets sick or you leave a toothpick in it?”

Erica Jedynak, AFP’s New Jersey State Director, suggests special interest groups are bolstering this legislation, despite no viable public health concern.

“These women can give their baked goods away for free,” Jedynak told US New & World Report, citing a lobbying event where 500 cookies and cake pops were distributed at the statehouse. “No one was poisoned. There were no health issues. Lawmakers ate it all up in Trenton.”

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