While Title VII has some laudable features, the bill ignores
many short- and long-term threats to U.S. energy security. Even
when measured with a generous yardstick, the bill fails on multiple
fronts and needs to be rethought by Republicans and Democrats
alike; for the term "energy security" understates what is really at
stake in this bill: the economic future of the United States.
The Good: Strategic Energy Partnerships
The bill seeks to increase international energy diplomacy and
security by directing the Secretary of State, in coordination with
the Secretary of Energy, to establish strategic energy partnerships
with major energy producing and consuming countries. It also
provides for several new administrative organs: a petroleum crisis
response mechanism with China and India, a Western Hemisphere
energy crisis response mechanism, and a Hemisphere Energy
Cooperation Forum.
The United States has long had important energy relationships,
although they do not bear the official name of "strategic energy
partnerships." With rising global demand for energy and the looming
threat that scarcity could be used as a weapon, Title VII's
diplomatic initiative is a step in the right direction. It helps
ensure U.S. access to supply while promoting the United States as
the preferred partner in both the political and private spheres.
More countries are willing to risk diplomacy with oil-rich states
like Sudan for short-term economic gains. To offset this trend and
promote American values, the United States must be proactive in
expanding its energy partnerships, both diplomatically and
commercially.
Building on existing partnerships, the bill establishes a
petroleum crisis response mechanism with China and India and
countries in the Western Hemisphere to promote cooperation and
prepare for supply disruptions. The Heritage Foundation has
recently recommended similar measures.[1] Securing U.S. oil supply to
the best extent possible in cooperation with traditional U.S.
allies while bringing on board the emerging major oil
consumers-such as India and China-should be the key diplomatic
strategy for the intermediate term. The bill also encourages
International Energy Agency standards as found in the International
Energy Program (created in the aftermath of the 1973 oil embargo)
with China, India, and the countries in the Western Hemisphere.
This approach will go a long way toward anticipating crises and
securing the international energy network.
Unfortunately, the bill does nothing to coordinate with
countries in the Persian Gulf in the event of a supply
disruption.[2] Therefore, only part of the international
energy network receives attention from this bill.
What Title VII Needs
The Senate has overlooked several areas that are crucial to
improving U.S. energy security.
- Energy Sector Liberalization. Title VII ought
to have proactive measures for fostering free markets in
partnership states: privatizing inefficient oil and gas sectors;
crafting stronger property rights laws; increasing the rule of law;
and developing more transparent and fair tax and investment
regimes.
- Ethanol Trade Liberalization. Significantly,
Title VII leaves intact market-distorting U.S. policies that hinder
the development of ethanol as a global, competitive commodity.
Eliminating tariffs and quotas on sugar-cane ethanol would
significantly increase U.S. energy security. Such action is crucial
to convince Brazil and other countries contemplating the expansion
of ethanol production that the United States can provide a reliable
market for their exports. Domestic producers of corn-based
ethanol-the beneficiaries of protectionist policies-will be unable
to meet the goals envisaged by the President in his 2007 State of
the Union speech. Ethanol importation will also go a long way
toward stemming Venezuelan President Hugo Chavez's anti-American
oil alliance on the continent.
- Anti-Economic Warfare Provisions. Supply
disruptions can come in many forms. Regimes that withhold or
restrict energy supplies as an instrument of national policy
threaten not only regional stability and prosperity but also the
economies and national interests of the United States and its
allies. This bill should include bilateral measures to deal with
efforts by coercive regimes to wage economic warfare. These might
include joint contingency planning, public-private initiatives, and
research and development initiatives.
- Measures to Fight Anti-Competitive Practices.
Title VII should also discourage cartels and other restrictive
international regimes.OPEC and non-OPEC suppliers with restrictive
foreign investment laws, state monopolies, and excessive government
intervention undermine free markets and energy security. Title VII
should incorporate the provisions from the No Oil Producing and
Exporting Cartels Act of 2007 (NOPEC, HR. 2264). Sponsored by
Representatives John Conyers (D-MI) and Steve Chabot (R-OH), the
proposed measure would allow the federal government to sue the
Organization for Petroleum Exporting States (OPEC) for antitrust
violations. Similar legislation (S. 879) is pending in the Senate,
sponsored by Senators Herb Kohl (D-WI) and Arlen Specter
(R-PA).
- Transparency Provisions. The Security and
Prosperity Partnership is a trilateral agreement signed in 2005 by
the leaders of the United States, Mexico, and Canada to work toward
developing a common approach toward security and to increase
competitiveness and economic prosperity in North America. One needs
only to consider the perceived lack of transparency in that
agreement to recognize that there needs to be a greater measure of
transparency in Title VII.
Conclusion
Threats to U.S. energy security and the international energy
network have never been higher. Title VII fails to consider even
simple solutions to counter real and emerging threats. The energy
security of the United States requires a bill based on better
vision, discernment of threats, and economics.
Ariel Cohen,
Ph.D., is Senior Research Fellow for The Kathryn and Shelby Cullom
Davis Institute for International Studies at The Heritage
Foundation. Owen Graham is Research Assistant for the Douglas and
Sarah Allison Center for Foreign Policy Studies at The Heritage
Foundation.