Mr. Speaker, I yield myself such time as I may consume. H.J. Res. 41 would roll back the SEC's rule that implemented an important congressional mandate in Dodd-Frank requiring oil, gas, and mining companies to publicly disclose payments…
Mr. Speaker, I yield myself such time as I may consume.
H.J. Res. 41 would roll back the SEC's rule that implemented an important congressional mandate in Dodd-Frank requiring oil, gas, and mining companies to publicly disclose payments made to foreign governments for access to their natural resources.
That rule helps fight corruption in the extractive industries sector, provides investors with crucial information on their investments, and enables citizens to demand greater accountability from their governments for spending that serves the public interest. It also helps to diminish the political instability in resource-rich countries, which is not only a threat to investment but also to our own national security.
Specifically, the disclosure rule enables shareholders to make better informed assessments of opportunity costs, threats to corporate reputation, and the long-term prospects of the companies in which they invest.
In addition, opening the extractive industries to greater public scrutiny is key to increasing civil society participation in resource- rich countries, which are often underdeveloped countries that are politically unstable, rife with corruption, with a history of civil conflict fueled, in part, by natural resources.
Moreover, the SEC's rule is a reasonable disclosure and places no limits or restrictions on who companies can pay money to, how much, or what for. After 5 years of robust debate and input, the final rule accommodated a number of industry concerns, providing companies with a generous 4-year phase-in period and a case-by-case exemption process for companies that face implementation challenges. The SEC also allowed companies to comply with the disclosure by using a report prepared for other substantially similar disclosure regimes, which include regimes in the European Union and Canada.
Nevertheless, Republicans continue to claim that the SEC's rule is harmful and puts American companies at a competitive disadvantage to their foreign competitors.
Well, Mr. Speaker, they are entitled to their own set of opinions, but they are not entitled to their own set of facts. I suppose these are alternative facts.
The truth is that U.S. companies are not the only ones required to make these disclosures. Many foreign companies must report under the U.S. rules, including a number of state-owned oil companies, such as China's PetroChina and Sinopec, and Brazil's Petrobras.
Also, after the SEC issued its initial rule in 2012, the rest of the world followed our lead, establishing a global standard for the public disclosure of extractive payments companies make to governments.
A wave of transparency laws have been adopted in foreign markets that mirror the U.S. law. This includes legislation in the European Union, Norway, and Canada, which are all now in force. These laws cover the vast majority of oil, gas, and mining companies that compete with U.S. firms.
Now, leading global oil companies like BP, Shell, and Total, as well as Russia's state-owned companies--Gazprom, Rosneft, and Lukoil--are entering their second year of reporting under EU rules without any negative impact.
So contrary to Republican claims, U.S. and foreign companies already compete on a more level playing field here and abroad. Therefore, rolling back the SEC's disclosure rule would directly undermine the interests of extractive companies in having a level playing field.
Worse, once the rule is nullified by this resolution, the SEC would not be able to put another rule in place that is substantially similar. This would create different reporting regimes directly contravening what companies have requested from the SEC. And, the SEC final rule accommodated industry concerns by including a generous phase-in period. U.S.-listed companies are not required to report until 2019. The rule also provides for case-by-case exemptions if covered companies face any implementation issues.
Therefore, the rule does not put U.S. companies at a competitive disadvantage, nor does it impose an unreasonable compliance burden.
I would also point out to my Republican colleagues the importance of the SEC's disclosure rule in protecting U.S. national security and energy security interests.
Specifically, it helps protect U.S. national security interests by helping prevent the corruption, secrecy, and government abuse that has catalyzed conflict, instability, and violent extremist movements in Africa, the Middle East, and beyond.
As ISIS demonstrated, nonstate actors can benefit from trading natural resources in order to finance their operations. Project-level disclosures in the rule will make hiding imports from nonstate actors more difficult, thereby limiting their ability to finance themselves with natural resource revenues.
Corruption and mismanagement of oil revenues destabilizes regions and leads to conflict. And, resource-rich countries like Venezuela, Iraq, and Angola are considered to be among the top ten countries perceived to be the most corrupt according to Transparency International.
In addition, transparency of Russian companies and its extractive industry is critical. The SEC's rule would create transparency of Exxon and other company payments to the Russian Government. Gazprom, Rosneft, and Lukoil are already disclosing under the U.K. rules, and BP has already reported payments to the Russian Government. The SEC's disclosure rule will make a crucial contribution as Russian citizens seek to follow the money received by their government.
A vote to roll back the SEC's resource extraction disclosures would be a vote to abandon U.S. leadership in the fight against global corruption.
I strongly urge my colleagues to oppose H.J. Res. 41.
I reserve the balance of my time.
Mr. Speaker, I yield 3 minutes to the gentlewoman from New York (Mrs. Carolyn B. Maloney), the ranking member of the Subcommittee on Capital Markets on the Financial Services Committee.
I yield the gentlewoman an additional 1 minute.
Mr. Speaker, I yield 5 minutes to the gentleman from Illinois (Mr. Foster), a member of the Financial Services Committee and of the Science, Space, and Technology Committee.
Mr. Speaker, I yield 3 minutes to the gentlewoman from Wisconsin (Ms. Moore), the ranking member of the Subcommittee on Monetary Policy and Trade on the Financial Services Committee.
Mr. Speaker, I yield an additional 1 minute to the gentlewoman from Wisconsin.
Mr. Speaker, I yield 3 minutes to the gentleman from Massachusetts (Mr. Capuano), a senior member of the Financial Services Committee and the Transportation and Infrastructure Committee.
Mr. Speaker, I yield an additional 1 minute to the gentleman from Massachusetts.
Mr. Speaker, may I inquire as to how much time I have remaining?
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Include a number of articles in the Record. One is a Bloomberg article, entitled: ``Exxon Set for Early Victory As Congress to Rescind Payments Rule.'' The other one is a Politico Magazine article that says: ``Tillerson tried to get this rule killed. Now Congress is about to do it for him.'' The other article is a Washington Post article: ``One of House GOP's first targets for regulatory rollback is tops on the oil industry's wish list.''
[From Bloomberg Government, Jan. 30, 2017]
Exxon Set for Early Victory as Congress To Rescind Payments Rule
(By Catherine Traywick)
For years the oil industry has appealed to the executive
branch and courts to de-fang a U.S. rule forcing Exxon Mobil
Corp., Chevron Corp. and other producers to disclose their
payments to foreign governments.
Now, the Republican takeover in Washington is handling it
for them.
The House of Representatives is set to vote this week on
killing a Securities and Exchange Commission edict that
requires publication of overseas payments by oil, natural gas
and mining companies. The industry says the rule, part of the
2010 Dodd-Frank act, gives global rivals a competitive edge.
Backers say it will help keep payments to foreign nations in
government coffers, not private pockets.
``To roll it back would be a complete abdication of U.S.
initiative and leadership on issues of corruption,'' said
Daniel Kaufmann, president of the Natural Resource Governance
Institute, an International transparency watchdog.
The SEC rule, set to take effect next year, is one of a
series of Obama administration regulations Republican
lawmakers are trying to reverse using the Congressional
Review Act, a law that allows Congress to undo regulations
with a simple majority vote.
Congress also plans to vote this week to kill rules curbing
methane venting and mountain-top mining. To do so, both
chambers must pass a resolution disapproving the rules, which
the president would then have to sign. While President Barack
Obama would have reliably vetoed such resolutions, President
Donald Trump is likely to sign it.
Trump argues that curbing regulations is key to unleashing
investment by U.S. companies. He pledged to rescind two
existing regulations for each new one that's issued.
``The SEC's rule forces U.S. companies to disclose
proprietary information to its competitors while foreign
entities do not. This can give some large industry players an
advantage on future business projects,'' the American
Petroleum Institute, an industry group, said in a statement.
House Majority Leader Kevin McCarthy pledged in a Wall
Street Journal op-ed, to ``take the ax'' to the SEC rule,
which he characterized as ``an unreasonable compliance
burden.''
Transparency advocates dismiss that argument, pointing out
that the European Union and U.K. already require such
disclosures from some of Exxon's biggest competitors. BP Plc,
Total SA and Royal Dutch Shell are among those that annually
report taxes, bonuses and other payments to foreign
governments.
U.S. Advantage
Because Exxon and Chevron aren't listed on the European
exchanges, they don't have to comply with the EU disclosure
rules. That may give them an edge over other oil majors who
must report project-level payments, critics say.
In its 2015 disclosure to the UK, Rosneft reported $29.8
million in payments to the Russian Federation, Vietnam,
Brazil and Norway. In the same year, BP reported $15.2
billion in payments to 23 countries, Total disclosed $16.7
billion to 44 countries, and Shell reported $21.8 billion to
24 countries.
The idea behind the measure is simple: If foreign oil
companies disclose payments of $1 million to the government
of Country X, then the lawmakers and citizens of Country X
will know that $1 million should show up on the country's
budget. If less shows up, that means it has been diverted for
private use.
ExxonMobil and Chevron say they support financial
transparency in the oil sector. Both are members of an
advisory committee under the Interior Department that
oversees a voluntary corporate financial disclosure program.
sec comments
In comments to the SEC, the companies say they would
support a version of the regulation that protected company-
specific data. They argue that the current SEC rule would
make available potentially valuable company information to
state-owned competitors such as Saudi Aramco and Cnooc Ltd.,
neither of which are subject to the disclosure rules.
The American Petroleum Institute successfully challenged an
earlier version of the rule in court, forcing the SEC to
rewrite it.
API asked the agency to consider a reporting model that
detailed payments by resource type and production method--
omitting company-specific data. But, the SEC didn't adopt
that approach.
``The SEC largely ignored industry's comments,'' said Exxon
spokesman Bill Holbrook. While the final rule included
exemptions for acquired companies and exploratory activities,
it ``remains based on the EU's model and likely will
adversely affect the ability of publicly-traded companies to
compete globally,'' he said.
A Chevron spokesperson did not respond to a request for
comment.
pattern of behavior
Transparency advocates say they're concerned that the
repeal effort is part of a pattern of behavior among
Republican lawmakers.
``The GOP that tried to gut the ethics committee is trying
to gut a critical anti-corruption law,'' said Jana Morgan,
director of the advocacy group Publish What You Pay. ``It
sends a really disturbing message.''
The planned vote is generating tension among members of the
anti-corruption advisory committee on which Exxon, Chevron
and API sit. The panel, made up of representatives from
government, industry and civil society, publishes an annual
report detailing U.S. government revenues from the oil,
natural gas and mining industries, as well as voluntarily
reported payments made to the U.S. government from companies
in those sectors.
Civil society members of the committee say Exxon's
opposition to the SEC rule jeopardizes its standing on the
panel. At a meeting on Wednesday, members will discuss
whether Exxon, Chevron and API should keep their seats at
all.
``I really have to question whether it's appropriate for
companies like Exxon and Chevron and API to continue to sit
around this table,'' said Zorka Milin, an attorney with the
anti-corruption group Global Witness, and a member of the
advisory committee.
Mr. Speaker, I am absolutely surprised at how brazen our friends on the opposite side of the aisle are. They come here on this floor today with this rule that they would like to overturn. They have not been in committee. We have not had any hearings. They have moved very, very quickly to do exactly what all of these articles are discussing. They are concentrating on how to roll back disclosure that the SEC had developed a rule for for the oil industry.
And why are they trying to do this?
It is so interesting that this is happening on the same day that Mr. Tillerson has just been voted on to be the Secretary of State for the United States Government, the former CEO of Exxon; and I am going to talk about that connection, which should cause a lot of people to be concerned.
This government is not about disclosure. First of all, the President of the United States refuses to disclose his income tax returns. I didn't expect them to support disclosure of the oil industry to avoid corruption.
As a matter of fact, they have the audacity to come here today and say that it is too expensive to be honest. It costs too much money to these huge billionaire oil companies to disclose, and somehow that is going to prevent them from creating jobs. That is nonsense.
I would like to just show some connections here.
Both during his campaign and since his election, Donald Trump has surrounded himself with people who have extensive ties to Vladimir Putin and the Russian Government, and then we are going to see the connection between Tillerson and the Russian Government. First of all, let's look at this circle of people around him and their connection to Russia.
Paul Manafort, Trump's former campaign manager, was a paid lobbyist for Viktor Yanukovych, the pro-Russian politician in Ukraine who fled to Russia in 2014 and was subjected to U.S. sanctions related to Russian aggression in Ukraine. Manafort has also been involved in multimillion-dollar business deals with Russian and Ukrainian oligarchs, which were reportedly the subject of an FBI inquiry.
The other person, Roger Stone, Trump's longtime friend, is reportedly under investigation for possible links with Russia. He has denied ever visiting Russia but admitted he had worked in Ukraine. Stone announced in a speech last summer that he had spoken to WikiLeaks founder Julian Assange, and Stone predicted that there would be additional leaked documents, a prediction that came true within weeks.
Let's go to another person. Michael Flynn, Trump's National Security Adviser, did a paid series of events in Moscow, including a speech and appearance at a party for RT, a Kremlin-funded TV station, where he was photographed sitting next to Vladimir Putin.
Trump's nominee for Secretary of Commerce, Wilbur Ross, was a business partner of Viktor Vekselberg, a Russian oligarch and Putin ally, in a major financial project involving the Bank of Cyprus.
Finally, former ExxonMobil CEO Rex Tillerson, Trump's nominee and now the person who has been voted by the Senate for Secretary of State, signed a multibillion-dollar agreement with Russia in 2011 on behalf of ExxonMobil for an oil drilling project in the Arctic. The project was brought to a halt in 2014 as a result of the sanctions that were imposed on Russia in response to Russia's aggression in Ukraine.
Putin personally awarded Tillerson the Order of Friendship in 2013. Don't forget, this President talked about lifting sanctions. Oh, you can see the connection here.
In addition to that, I just want to point out that it comes as little surprise that ExxonMobil is one of the leading companies in the fight against the global initiative to enhance the transparency of extractive industry payments made to foreign governments, given its long history of engaging in questionable transactions with governments of oil-rich countries such as Nigeria, Pakistan, Equatorial Guinea, Angola, and Chad.
The move to eviscerate the rule issued under section 1504 that we are talking about here today makes clear that Republicans in Congress and the Trump administration believe that profits are more important than people and that fighting corruption is less important than enriching oil, gas, and mining companies.
Without the SEC's extractive industry transparency rule, citizens around the world will lose a critical tool for holding their governments and corporations accountable for how natural resource proceeds are used.
Let's talk about Nigeria. Just days before the Securities and Exchange Commission issued its final rule pursuant to section 1504 of the Dodd-Frank Act, Global Witness, a highly respected and good governance NGO, issued a report detailing how a major oil deal, as I referred to earlier, struck by ExxonMobil with the Nigerian Government, was being investigated by Nigeria's Economic and Financial Crimes Commission, an agency charged with uncovering high-level corruption.
The investigation relates to a widely reported deal in which the Nigerian Government in 2009 agreed to renew a
40 percent share of three oil licenses from Mobil Producing Nigeria, a wholly-owned subsidiary of ExxonMobil. This is all about the billionaires. Just follow the dollars and you can see what this is all about.
Little town, America, needs to know that this is not about them. This is about these billionaires, and they will go to any extent to continue to steal from them.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.