As
the largest contributor to the International Monetary Fund (IMF),
the United States accounts for about 18.25 percent of the IMF's
total quota subscriptions--more than $36 billion, or $517 per
American family. The President is asking Congress
to appropriate another $18 billion for the Fund--which includes a
$14.5 billion hike in our quota subscription and an additional $3.4
billion to fund a new credit line called the "New Arrangements to
Borrow." President Clinton would like Congress to appropriate it
immediately, in one lump sum, and with no real conditions
attached.
This
request, however, is about much more than the amount of additional
money the President seeks for the IMF. More important, it concerns
a vast expansion of the IMF's abilities and capabilities. This $18
billion appropriation--about half of the total amount of money we
have given to the Fund over the past 50 years--is only our share of
the IMF's worldwide solicitation, which should generate for the
Fund over $85 billion in new resources. And this is only the
beginning. Michel Camdessus, the French Socialist who now directs
the Fund, stated his intention to increase the Fund's resources by
about $160 billion, which means he will likely come back to
Washington asking for more money in only a few years.
This hearing was called to address the extent of America's
influence in the IMF and whether that influence is great enough to
impose reforms on that organization. To properly assess these
issues, we need to take a critical look at the IMF's current
lending practices and its track record in achieving economic
recovery. Therefore, I will offer a few facts and a brief overview
of the problems inherent in the International Monetary Fund before
I discuss the best solutions to these problems.
This request is not really about
helping Asia
Thus far, the Asian crisis and IMF replenishment have
been inextricably intertwined. These two issues should be
de-linked. The IMF had officially requested member-country
participation in the New Arrangements to Borrow back in 1996, and
replenishment issues were being discussed well before any hint of
an Asian crisis. Claims that the Asian crisis spurred the funding
requests, therefore, are false. The IMF, moreover, already has the
resources it needs to meet its obligations in Asia. The fact is
that the IMF and the Administration are not asking for money for
Asia, but for future bailouts.
The
issue before Congress, then, is not whether America should help
bail out Indonesia, South Korea, Thailand, or Country X. The issue
is whether Congress should endorse the Fund's self-styled role of
international rescuer of failed economies and insurer of poor
international investments. Analysts at The Heritage Foundation are
on record as opposing any new funding for the International
Monetary Fund. In fact, Heritage analysts have recommended
repeatedly that the United States investigate the feasibility of
withdrawing from this ineffective organization and applying for the
full reimbursement of our existing contribution.
The IMF is not facing a liquidity
crisis
Administration officials and IMF representatives have
implied that the IMF needs the requested $18 billion because the
Asian bailout drained IMF resources and the organization is now
critically short of liquidity. This is not the case. As stated
above, the $18 billion request was decided well in advance of the
Asian crisis. Information published by the IMF itself reveals that
the Fund is not facing a liquidity crisis. In fact, the current and
near-term liquidity of the IMF would allow it to conduct two
bailouts equivalent in size to the one it extended to troubled
Asian countries.
Specifically, as the IMF's own information
shows:
-
The
IMF had $85.62 billion in liquid resources available on April 30,
1997--nearly $8.6 billion more than it had the previous
April.
-
Best estimates indicate that the Fund
will experience a $3.14 billion net decline in outstanding credits
in its current fiscal year--May 1, 1997, to April 30, 1998--in
addition to the Asian bailout (see Table 1).
-
The IMF contributed over $36 billion to
four countries affected by the Asian financial crisis.
-
Thus, even if the entire Asian bailout
package is deducted, normal IMF activities would leave $46.44
billion in IMF resources at the end of 1997.
-
The Fund's 1997 annual report indicates
an anticipated income of approximately $28.32 billion from loan
repayments and repurchases by the end of the year 2000.
-
With current resources and this
near-term income, the IMF should have $74.76 billion in liquid
resources available. This is over twice the amount committed in the
Asian financial crisis.

Past replenishments were debated
at length
The President's demand that Congress provide $18 billion
in additional funds to the IMF is outstripped in its audacity by
the additional demand that Congress do so with little or no
informed public debate. As Majority Leader Dick Armey aptly stated,
"In any other context, a suggestion that we provide $18 billion in
taxpayer money to anyone without an informed public debate,
conditions on its use, or even the possibility of effective
congressional oversight in the future, would be rejected out of
hand."
To
put the issue in perspective, when Congress debated the last IMF
quota increase of 50 percent in 1992 (the U.S. portion was $12.2
billion at that time), it debated the issue for 20 months, even
though the amount then requested was only two-thirds of the current
request. Congress debated the 1983 quota increase of 47.5 percent
(the U.S. portion was $5.8 billion for a quota increase and $2.6
billion for the General Arrangements to Borrow) for eight months,
even though the IMF liquidity ratio (the relationship between IMF
liquid assets to loan commitments) in 1983 was only 35 percent, or
10 percent below the current IMF liquidity ratio of 45
percent. In both the 1992 and
1983 replenishments, the Fund's liquidity ratio was similar to its
present level, but Congress carefully took the time to consider the
requests for additional funding.
Critics of the IMF are not
isolationists
Although critics of the IMF have been portrayed as
isolationists or neo-isolationists who would lead the world into
another Great Depression, quite the opposite is the case. Former
Secretary of State George P. Shultz, former Treasury Secretary
Wil-liam E. Simon, and Walter B. Wriston, former chairman of
Citicorp/Citibank, recently called for the abolition of the IMF in
a Wall Street Journal article. Nobel laureate Milton
Friedman and former Vice Presidential candidate Jack Kemp have also
urged Congress not to provide additional money to the IMF. None of
these men can be described as isolationist. On the contrary, each
is a longtime advocate of responsible U.S. global leadership. These
experts understand that the IMF has done more harm than good
through its actions, and that people would suffer less in the long
term--and most likely in the short term as well--in a world without
the market distortions created by the IMF. Like these men, critics
of the IMF in general support sound economic principles and
responsible international engagement.
Problems with the IMF
There are myriad problems--both
institutionally and theoretically--with the IMF.
- IMF bailouts are more likely to cause
financial crises than prevent or cure them. Congress
should attend to the powerful yet indirect influence the IMF exerts
in promoting financial and economic crises. The IMF's record of
"rescuing" troubled economies invites governments to follow
imprudent economic and monetary policies, since the political and
economic costs of failure are reduced by the promise of a
bailout.
Why? Just the possibility of an IMF rescue
creates what economists refer to as a "moral hazard." Bailouts
shield investors and politicians from the consequences of their
poor decisions by "socializing" risks and reducing the cost of
failure associated with an investment. Risks are socialized because
everyone ends up paying for individual investors' errors. The costs
of failure are reduced because, directly or indirectly, the IMF
compensates investors when their investment plans fail. In other
words, IMF bailouts encourage speculation of the sort that
investors probably would avoid if the IMF were not there to shield
them from failure. Bailouts send signals to governments that they
will not have to bear the costs of failing to reform their
economies: The IMF will be there to pay the price of their
inaction. Thus, the IMF's actions will neither prevent nor cure
financial crises--they will encourage them.
Indeed, evidence seems to indicate that
IMF advice precipitated the very same Asian crisis that Treasury
and IMF officials are invoking to strong-arm Congress into
appropriating this additional $18 billion. According to The
Wall Street Journal, "The IMF tripped this crisis by urging
the Thais to devalue [the baht], then promoted contagion by urging
everyone else to do likewise.... [P]utting more money into today's
IMF is not likely to solve any crisis. It is more likely to cause
new ones." Clearly, providing more
gasoline--in the form of additional resources--for the IMF to start
financial fires around the globe is not the way to promote economic
stability.
Financial hardship and defaults occur
every day in the U.S. economy. They are a necessary and natural
reflection of free markets. Bankruptcy is the market's method of
reallocating capital to more productive uses, or away from managers
who failed to create wealth for investors or improve the well-being
of consumers. As assets are purchased at a reduced rate by the
highest bidder, both parties to an ill-considered lending or
investment decision suffer a loss; but the overall economy profits
because new, presumably better managers will now control the
capital. In the international market, however, the IMF distorts
this mechanism by rewarding inept managers with financial
assistance.
Without the IMF, borrowers and creditors
would be forced to resolve the situation in the Asian countries by
renegotiating loans or seizing assets. A world without the IMF
would have to observe the greater discipline of market forces.
Banks and investors would be more cautious in assessing risk before
investing or committing loans. Countries wishing to receive foreign
loans and investment would have to adopt transparent economic
policies that lower risk for lenders and investors. Specifically,
they would have to create fair and reliable bankruptcy laws, employ
transparent and internationally accepted accounting procedures,
allow minimal government interference in the allocation of credit,
exercise prudent oversight of their banking systems, and encourage
rather than prevent domestic and foreign banking competition.
- The IMF lacks
transparency. I congratulate the members of the committee
for requiring truth in testimony, a policy The Heritage Foundation
has long supported. This provision of the House rules was designed
to ensure that Congress has access to all information on those who
testify before its committees. This allows you to determine whether
the information a witness presents has been biased or unduly
influenced by the witness's supporters. Firmly embedding this
transparency in the legislative process is vital.
Prompt, unbiased (or, at least, admittedly
biased) information is just as important for international
organizations such as the International Monetary Fund to perform
their assigned duties. Indeed, Article VIII of the IMF Articles of
Agreement, the "General Obligations of Members," specifically
states that each member is required to provide information "as [the
IMF] deems necessary for its activities, including, as the minimum
necessary for the effective discharge of the Fund's duties."
Yet, even though the IMF recognizes the
necessity of timely, unbiased information to its successful
operation, it fails to acknowledge the necessity of giving such
information on its own organization and operation to its member
governments and their citizens.
It is imperative that the IMF be
forthright in providing information necessary to enable its member
governments and the public at large to make informed decisions
about the performance, record, and necessity of the Fund.
Far from encouraging public inspection,
however, the IMF refuses to release the vast majority of its
information on economic policies, past performance, and internal
meetings to the press or the interested public. In fact, the
culture of secrecy is so inculcated in the IMF that it actively
discourages and often prohibits public access even to public
records. Anyone not employed by the IMF must apply for an
appointment to gain access to its library, which is open only on
Tuesdays and Thursdays. It can take up to six weeks for the IMF to
process the application--and approval is by no means certain.
Students are not allowed in the library at all.
Although this lack of public transparency
is very disturbing, the Fund's refusal to grant congressional
offices free access to its records is totally unacceptable. As
described by Representative Jim Saxton of New Jersey, Chairman of
the Joint Economic Committee, the IMF will withhold any information
it wishes from its member governments--and the U.S. Congress, which
may wish to conduct an informed debate on the organization--while
simultaneously demanding that those governments contribute billions
of dollars to its coffers.
The U.S. Department of the Treasury, which
oversees membership in the IMF through the U.S. Executive Director
of the IMF, seemingly is a willing co-conspirator in this culture
of secrecy and exacerbates this lack of transparency. Indeed, the
Treasury Department offered Chairman Saxton a copy of IMF documents
only on the condition that he keep the documents and their contents
confidential and hidden from public scrutiny. This incident,
following the IMF's historical pattern, led the Joint Economic
Committee to conclude that:
Both IMF and U.S. Treasury bailout
policies remain overly secretive, ambiguous, and ill-defined.
Because these policies are seldom explained to the public,
unnecessary misunderstanding, resentment, and opposition often
result. A good deal more transparency is called for from both of
these taxpayer-financed institutions. Explicit specification of the
IMF's objectives, for example, should be accompanied by
clarification of the procedures and practices by which it
accomplishes these objectives. At a minimum, full explanations of
the conditions, lending terms, subsidies involved, and the
rationale as to why such lending is necessary are essential.
Additionally, those entities actually receiving taxpayer subsidies
should be identified.
This sentiment is echoed by Jack Kemp, who
stated in a recent letter to Representative Armey, "I urge you to
put off a vote in the House on any additional funding for the IMF
at least until that organization complies with all outstanding
congressional information requests."
- IMF loans
provide massive subsidies to borrowing countries. The IMF
has a number of different facilities for extending financial
assistance to its member countries. They range from the extremely
short-term Stand-by Arrangements, which are typically extended over
12 to 18 months and repaid within five years, to long-term
assistance, such as the Enhanced Structural Adjustment Facility
(ESAF), which is repaid over ten years and includes a five-year
grace period. All IMF assistance is extended at conditional, or
below-market, rates. The Stand-by Arrangements are charged a
slightly below-market rate of 4.5 percent; the ESAF loans are
nearly free, with an annual interest rate of only one-half of 1
percent (0.5 percent).
Even the most creditworthy nations cannot receive such interest
rates on the private financial markets; the United States must pay
around 5.5 percent on government bonds of similar maturity.
The highly subsidized interest rates on
IMF bailouts and structural adjustment loans are equivalent to a
massive transfer of wealth from American taxpayers and other
countries. For example, the IMF extended most of its loans to
Indonesia, South Korea, and Thailand at subsidized rates (between
4.5 percent and 4.7 percent). These same countries were required to
pay approximately 14.5 percent on comparable government bonds to
access credit in the private sector. David Sachs of the Independent
Institute and Peter Thiel of Thiel Capital International LLC
estimate that because of IMF subsidies, "Over three years, South
Korea, Thailand, and Indonesia will have received a direct wealth
transfer of at least $35 billion, mostly from U.S. and Western
European taxpayers."
Interest rates usually are determined by
the borrower's risk and creditworthiness. The IMF ignores these
factors. In fact, it actually rewards high-risk countries with poor
credit records. In other words, the IMF reverses the normal banking
practice of good lending: It rewards failure and punishes
success. It rewards poor governance and excessive risk-taking by
investors.
Requiring the IMF to charge
market-determined interest rates on its loans would ensure that IMF
loan recipients are held to the same standards for its loans as are
private individuals and companies. There would be no special deals
for bailing out rich investors who, unlike the average person with
a bank loan, are saved from failure by government-subsidized loans.
Moreover, this provision would minimize market distortions. It
would reinforce market perceptions of risk and eliminate the
backdoor transfer of wealth from Americans to the governments of
countries that made unwise economic decisions.
- IMF policies
lead developing countries to economic stagnation and recession and
foster dependency on foreign aid. Data collected over the
past three decades demonstrate conclusively that most
less-developed countries receiving IMF loans have the same or lower
per capita wealth today that they had before they received the
loans. Many actually are worse off. For example:
-
Of the 89 less-developed countries that
received IMF loans between 1965 and 1995, 48 are no better off
economically today than they were before receiving IMF loans;
-
Of these 48 countries, 32 are poorer
than they were before receiving IMF loans; and
-
Of these 32 countries, 14 have
economies that are at least 15 percent smaller than when they
received their first IMF loans.
Even a reformed, transparent IMF that
recommends economic policies encouraging long-term growth would not
deserve more funding. The Fund is ineffective in forcing countries
to adopt reform and therefore cannot prevent future financial
crises. Furthermore, the IMF repeatedly enters agreements with
countries that have a history of violating their previous contracts
with the Fund. For example:
-
Peru made 17 different arrangements
with the IMF between 1971 and 1977, and it continues to receive
money from the IMF. The only results of these loans have been
increased sovereign debt.
-
The United States and the IMF bailed
out Mexico four times since 1976. Each bailout followed a national
election and was larger than the previous package. It is premature
for the IMF to claim Mexico as a success story until at least after
that country's next election. Recent high growth is no indicator of
success; the last time Mexico had growth rates similar to today's
levels was in 1982, before the Latin American debt crisis that was
spurred by Mexico's repudiation of its debt.
-
Examination of IMF activities
reveals that the organization is not functioning as a lender of
last resort, as IMF and Treasury officials claim. Instead,
it acts as a lender of first resort. The IMF had financial
arrangements worth over $38 billion with 58 countries as of January
31, 1998. In other words, the IMF
currently is giving financial assistance to a third of its entire
membership--indeed, over a quarter of the world's nations.
Are we seriously to believe that every one of these 58 countries is
in such dire financial straits that it is unable to secure private
loans or investment, obtain foreign exchange through exports, or
cut government expenditures sufficient to meet its debt
obligations? Or that they are incapable of negotiating debt terms
with their creditors? Of course not. The very fact that they are in
debt indicates that they were able to secure credit. Moreover, if a
quarter of the world's countries were indeed in such financial
straits, global financial problems would be far beyond the capacity
of the IMF to solve.
-
The IMF claims that it must act
to help the people of a troubled country. This is false.
Providing money to a government merely allows that government to
meet its own debt obligations to both public-sector and private
creditors. On one hand, an IMF bailout allows a government to pay
its debts to large international banks; on the other, it allows a
country to meet its short-term obligations to public-sector
creditors, such as the IMF and the World Bank. In effect,
therefore, instead of helping people in the country improve their
economic condition, part of the IMF assistance is helping the
country to pay off its debt to the IMF itself.
IMF rescues help neither the economies of
recipient countries nor the majority of their citizens. In the wake
of the Mexican bailout in 1995, for example, the Mexican people
suffered a sharp decline in their standard of living, large
increases in unemployment, and an overnight erosion of savings.
Investors, however, escaped with minimal losses. This scenario has
been replayed time and time again. Indonesia, South Korea, and
Thailand all have experienced similar hardships despite IMF-led
rescues. As in Mexico, the current IMF financial package in Asia
salvages the profit margins of international lenders and large
borrowers by guaranteeing their loans. Meanwhile, the citizens of
these countries pay the tab on the rescue package through
IMF-mandated higher taxes or currency devaluation (which reduce
purchasing power and savings) in the hope that increased exports
will provide the foreign exchange to pay an increased foreign
debt.
- IMF policies
promote political instability. When confronted with the
problems associated with IMF bailouts, defenders of the
organization claim that all of the immense problems--including
financial instability on a global scale, lack of transparency,
massive transfers of wealth from U.S. taxpayers to Third World
elites and international investors, and retarded economic
development--are tolerable if IMF assistance can quell social or
political instability.
Thus, it is no surprise that arguments in
support of the International Monetary Fund usually are couched in
the language of international crisis. Advocates of the IMF insist
that without IMF guidance and assistance, countries would flounder
inextricably in the "tar pits" of financial and political chaos.
Nowhere, in fact, do we see a more consistent and zealous
application of the view that developing countries are bound to
fail, flounder, and decay without third-party assistance than at
the IMF and at the other international agencies that complement its
efforts.
Those who champion this argument:
-
Fail to recognize the
role IMF policies play in causing political instability. IMF
bailouts aid international investors, well-heeled domestic
businessmen, and others with connections to the ruling party. The
typical citizens experience a sharp decline in their standard of
living, large increases in unemployment, and an overnight erosion
of savings. Moreover, the citizens of these countries pay the tab
on the rescue package through higher taxes or currency devaluation
(which reduce purchasing power and savings) in the hope that
increased exports will provide the foreign exchange to pay a
drastically increased foreign debt. This situation can do nothing
but increase social and political instability in the countries
being bailed out.
-
Do not appreciate that
IMF bailouts lead to successive blows to developing economies whose
cumulative damage may exceed the damage of political instability.
Simply put, the very existence of the IMF encourages
imprudent--though, perhaps, not irrational--risk-taking by
governments, big business, and their financial backers. The IMF's
penchant for repeatedly intervening in financial crises and
expanding the largesse of its bailout programs quite naturally
means that the costs of risk-taking to the governments of those
countries will be much lower than they would be otherwise. In fact,
a reasonable assurance of IMF intervention most likely will mean
that "subsidized" economies will collapse more quickly and
powerfully than they would have without those assurances, leading
to more frequent and intense political upheaval.
-
Refuse to accept that
IMF bailouts perpetuate the political power of administrations that
have proven themselves short-sighted and inadequate managers.
-
Fail to realize that
many of the countries achieving successful economic and political
development have done so largely without IMF assistance. In fact,
most successes occur once countries are free from the central
planning, high levels of taxation, and financial micromanagement
advocated by international agencies such as the IMF. The United
States achieved its political stability and economic prosperity
without the aid of international bailouts from the IMF, despite
economic setbacks as bad as those striking Asia. The more recent
successes of Hong Kong, Singapore, and Taiwan likewise owe little
or nothing to the IMF or its economic advice.
Solving the Problems: U.S. Influence in
the International Monetary Fund
The
only authority over the IMF is its governing bodies, established in
its Articles of Agreement. In fact, the Articles of Agreement
specifically state that the assets, archives, and employees are
immune from searches and requirements demanded by judicial or
legislative bodies of IMF member states. The Executive Board, which
has 24 representatives, oversees the daily affairs of the IMF and
the extension of financial assistance. The five largest
contributors to the IMF (France, Germany, Japan, the United
Kingdom, and the United States) appoint one representative each to
the Executive Board. The remaining 19 directors are elected by
different coalitions of countries and cast the cumulative votes of
the coalition.
The
Administration has steadfastly opposed any restrictions on U.S.
funding or participation in the IMF. Instead, the Administration
has reluctantly supported legislation contained in the Senate
supplemental appropriations bill. Replacing earlier demands that
the IMF implement reforms in exchange for access to U.S. funds, the
Senate language only requires the Secretary of the Treasury to
certify that the world's seven largest economies--the so-called
Group of 7 (G-7) nations--agree to use their influence to push two
specific reforms in IMF policies.
These reforms would require countries to eliminate government
subsidies and adhere to conditions outlined in trade agreements to
which the country is party. These measures would largely reiterate
previous legislation, would not address key issues (such as the
disruptive impact of IMF subsidized loans), and would be
unenforceable.
Congress should not fall victim to this
facade of reform. It has attempted to implement desired reforms in
the IMF through the "voice and vote" of the U.S. Executive Director
for two decades with little or no change in IMF policy. These
requirements have been largely ineffective. Consider the
following:
-
The Bretton Woods Agreements Act
requires the Secretary of the Treasury to instruct the U.S.
Executive Director of the IMF to "work in opposition to any
extension of financial or technical assistance" from the IMF to any
country permitting "entry into the territory of such country [of a
person] who has committed an act of international terrorism [or]
fails to take appropriate measures to prevent any such person from
committing any such act outside the territory of such
country." Despite this
legislation, five of the seven countries listed by the U.S. State
Department as sources of state-sponsored terrorism are members of
the IMF and all but Sudan are fully eligible for IMF
assistance. In fact, Iraq owes the
IMF some $42 million in delinquent payments dating back to 1990.
Sudan, which has benefited from U.S. taxpayer money contributed to
the IMF (including two IMF loans during the 1980s), currently owes
$1.6 billion.
-
The Bretton Woods Agreements Act
requires the Secretary of the Treasury to instruct the U.S.
Executive Director of the IMF to "actively oppose any facility
involving use of Fund credit by any Communist dictatorship." However, this
restriction has been largely ineffective. During the height of the
Cold War in the 1980s, Communist regimes in the People's Republic
of China, the Hungarian People's Republic, and the Socialist
Federal Republic of Yugoslavia, among others, received substantial
financial assistance from the IMF.
-
The International Financial
Institutions Act lists in exhaustive detail reports on human rights
abuses and lists the conditions under which the U.S. Executive
Directors of the international financial institutions (including
the IMF) should oppose financial assistance to countries "in gross
violation of internationally recognized human right
standards." However, these
instructions did not stop countries with dismal human rights
records from receiving IMF assistance. For instance, the last two
countries in the world that tolerate slavery, Sudan and Mauritania,
are members of the IMF and have received hundreds of millions of
dollars in assistance over the past 15 years--part of which was
contributed and subsidized by American taxpayers.
-
The International Financial
Institutions Act instructs the U.S. Executive Directors of the
international financial institutions (including the IMF) to promote
a policy of requiring governments to reduce excessive military
spending. Yet, according to
Russian affairs expert J. Michael Waller, vice president of the
American Foreign Policy Council, the $20 billion in IMF financial
assistance given to Russia since 1992 has funded Russian military
activity in Chechnya, facilitated a sixfold increase in high
technology and strategic weapon research and development
expenditures, and contributed to the development of the next
generation of Russian attack submarine--the Yuri
Dolgoruki.
The
problem is not a lack of legislated directives. Indeed, the two
reforms outlined in the current Senate legislation would largely
duplicate past legislation. As noted by Senator Mitch McConnell
(R-KY), "section 14 of the [Bretton Woods Agreements] Act says it
is U.S. policy to promote the removal of trade restrictions.
Sections 44 and 49 tell our directors to work to eliminate
agricultural subsidies."
So, since the very beginning of the international financial
institutions, the United States has advocated a set of policy
directives that have been largely ignored by the IMF.
How to Enforce Congressional Demands
Experience shows that attempts by Congress
to reform the IMF or alter its policy through legislative
directives to the U.S. Executive Director of the IMF are
ineffective because:
- Only in limited circumstances can the
United States use its voting power to block IMF actions.
Because of the IMF's voting structure, even the United States,
which controls the largest block of votes in the IMF (17.78
percent), can block only those actions in the IMF that require an
85 percent majority, such as expansion of the quota subscriptions
and amendments to the IMF Articles of Agreement.
The United States is essentially unable to
push through fundamental reforms unless it gains an additional 52
percent to 63 percent of the votes. It cannot prevent the
organization from extending financial assistance, which under
normal circumstances requires a simple majority of votes cast,
unless it has garnered the support of an additional 33 percent of
the votes. This means that the IMF
can extend loans over the objection and negative vote of the United
States.
- Congressional
instructions to executive branch officials are
ineffective. The U.S. Executive Director is technically
not bound by Congress's instructions on how to vote or speak in his
official capacity. Congressional instructions are more like
suggestions or guidelines than ironclad rules. Through the
constitutional division of powers, the President can countermand
congressional instructions to executive branch employees.
Congress's directives are enforceable only within its sphere of
constitutional powers, such as the power of the purse.
For example, Congress is within its power
to restrict access to authorized or appropriated funds on condition
of certain actions. Hence, the provisions in H.R. 3331. However,
past legislative efforts to reform the IMF through instructions to
the U.S. Executive Director have been undermined by the lack of
congressional authority to require that official to take specific
actions. Moreover, congressional instructions are often weakened
further through waivers, such as a national security waiver, that
allow the President to circumvent congressional guidelines.
- Existing
legislation contains no absolute requirements to encourage the IMF
to adopt reform. I would like to congratulate
Representative Bernard Sanders (I-VT) of this committee on his
foresight in requesting the Congressional Research Service to
compile a report on past legislative efforts to reform the IMF.
Over 30 different requirements on IMF activities, IMF reforms, and
instructions to the U.S. Executive Director of the IMF on how to
use his "voice and vote" have been passed by Congress and signed by
the President in the past two decades, according to the
report. The problem is not a
paucity of instruction; it is a lack of enforcement. Past
legislation to reform the IMF or its activities has lacked any
meaningful enforcement measures or consequences if the legislation
is ignored. As noted by Senator McConnell, "We do not need to pass
more legislation urging the administration to use our voice and
vote to assure a loan meets a congressional mandate. Instead, we
need to see the IMF Executive Board or the Board of Governors pass
and implement resolutions agreeing to standards already enunciated
in the U.S. law." If Congress is serious
about reforming the IMF, it must attach palpable and effective
enforcement mechanisms to its requirements.
Congress must rely on its constitutional
powers, specifically the power of the purse, if it wishes to
enforce certain actions. Specifically, Congress must demand that
desired reforms are implemented before funds are distributed, and
require annual confirmation of required reforms to maintain access
to previously appropriated funding. One bill that would implement
these safeguards is H.R. 3331, the IMF Transparency and Efficiency
Act of 1998.
H.R.
3331 orders the Secretary of the Treasury to submit a written
certification to the Senate Committee on Banking, Housing, and
Urban Affairs and to this committee, the House Committee on Banking
and Financial Services, on the status of the reforms specified in
the legislation six months after the enactment of the bill. Once
the Secretary of the Treasury submits the certification, Congress
must enact a joint resolution verifying and approving it before the
funds are made available.
This
provision would ensure that Congress has an opportunity to examine
and review IMF actions and confirm that the reforms stipulated in
the bill have been implemented. Moreover, the certification must be
renewed annually. This would prevent possible backsliding and
recidivism on the part of the IMF, or deceptive action on the part
of Treasury officials.
If
the Secretary of the Treasury fails to submit the certification, or
if Congress finds fault and fails to pass a joint resolution
supporting the certification, H.R. 3331 forbids any "officer,
employee, or agent of the United States [to] directly or
indirectly, provide Federal funds to the International Monetary
Fund." This provision is far more effective than prohibiting the
current appropriation because it would freeze all U.S. funds
committed to the IMF--past, current, and future--that are not
already in the IMF coffers.
Conclusion
Many
policy analysts, private investors, economists, and Members of
Congress have recognized that IMF bailouts have had enormous
counterproductive effects on financial markets and economic
development. For nearly two decades, Congress attempted to mitigate
these effects by instructing the U.S. Executive Director of the IMF
to use his "voice and vote" to reform the organization or to
prevent specified activities. In nearly every instance, these
instructions have been ignored or, when followed, have been
ineffective in implementing reform or opposing undesirable
actions.
If
Congress truly wishes to address the many institutional and
theoretical problems of the IMF, it must use its constitutionally
mandated power of the purse to withhold all U.S. funds--past,
present, and future--from the IMF unless its conditions of reform
are met. Anything short of this firm stance will merely be a
repetition of past ineffective attempts.
Edwin
J. Feulner, Jr., Ph.D., is President of The Heritage
Foundation.
Endnotes