WASHINGTON – The House of Representatives today passed Sens. John Kennedy (R-La.) and Chris Van Hollen’s (D-Md.) bill to protect American investors and their savings from foreign companies that operate on U.S. stock exchanges while refusing to submit to Securities and Exchange Commission (SEC) oversight. The Senate passed the bill unanimously in May.

“Communist China is right now using U.S. stock exchanges to exploit American workers and families—people who put their retirement and college savings in public companies. U.S. policy is letting China flout rules that American companies play by, and it’s dangerous. Today, the House joined the Senate in rejecting a toxic status quo. I’m thankful to Sen. Van Hollen and my colleagues on both sides of the aisle for supporting this commonsense solution to a threat that’s never been more urgent. President Trump has led the way in calling Chinese Communist dishonesty to account, and I’m glad to see this bill head to his desk,” said Kennedy.

“Millions of American families rely on modest investments to retire, send their kids to college, and weather financial emergencies. But many have been cheated out of their money after investing in seemingly-legitimate Chinese companies that are not held to the same standards as other publicly listed companies. This bill rights that wrong, ensuring that all companies on the U.S. exchanges abide by the same rules. I’ve been proud to work with Senator Kennedy on this bipartisan legislation, and I’m glad to see it pass the House with such strong support. I urge the President to sign this bill into law immediately,” said Van Hollen.

The Holding Foreign Companies Accountable Act prohibits securities of a company from being listed on any of the U.S. securities exchanges if the company has failed to comply with the Public Company Accounting Oversight Board’s (PCAOB) audits for three years in a row.

The bill would also require public companies to disclose whether they are owned or controlled by a foreign government, including China’s communist government. 

Many Americans invest in U.S. stock exchanges as part of their retirement and college savings, and dishonest companies operating on the exchanges put Americans at risk, as Luckin Coffee did. This legislation protects the interest of hardworking American investors by ensuring that foreign companies traded in America are subject to the same independent audit requirements that apply to their competitors in America and other countries.

“ASA applauds Senators Kennedy and Van Hollen, and congressional leaders on both sides of the aisles, for coming together to protect American investors and retirement savers from fraudulent companies controlled by the Chinese Communist Party (CCP). For far too long, the CCP has exploited American investors to finance its cyber army, its technology-driven elimination of civil liberties, its human rights abuses, and its destruction of the environment,” said American Securities Association CEO Chris Iacovella. 

Background:

Congress established the PCAOB to inspect audits of public companies, ensuring the information companies provide to the public is accurate, independent and trustworthy.

Currently, China’s communist government refuses to allow the PCAOB to inspect audits of companies registered in China and Hong Kong. Such companies represent a keen risk to American investors as nearly 11 percent of all securities class action lawsuits in 2011 were brought against Chinese-owned companies accused of misrepresenting themselves in financial documents.

According to the SEC, 224 U.S.-listed companies are located in countries where there are obstacles to PCAOB inspections. These companies have a combined market capitalization of more than $1.8 trillion.

In the last 10 years, the number of Chinese companies listed on U.S. stock exchanges has increased significantly, as those firms take advantage of the capital available in America.

The bill text is available here.

WASHINGTON – Today Sen. John Kennedy (R-La.) introduced the Youth Mental Health Services Act to improve mental health services for students in primary and secondary schools.

“It’s a lot harder being a kid in 2020 than when I was growing up. Young people need helping hands and listening ears as they face new social and societal pressures. Kids deserve reliable access to high-quality mental health resources, and the Youth Mental Health Service Act would make it easier for them to get that support in their communities,” said Kennedy.

The Youth Mental Health Services Act would allow school districts to use Title IV funds authorized under the Every Student Succeeds Act to put in place new mental health resources for students. The services would follow a model that gives students access to mental health resources in their communities rather than limiting access to schools, which reduces the stigma that often comes with receiving services in a school setting.

The bill also allows states to use their Title IV funds to improve existing mental health services. States would be able to use these funds to do any of the following:

• promote best practices for mental health first aid, which helps people understand mental illness and supports intervention;
• help improve and execute emergency planning, which schools often lack;
• partner with local health agencies to improve the coordination of services; and
• expand telehealth services through private providers.

The bill text is available here.

MADISONVILLE, La. –  Today Sen. John Kennedy (R-La.) praised the Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration for issuing two final rules reducing burdensome regulations. The revisions modernize hazardous materials requirements that have negatively impacted shippers and manufacturers.

“Louisiana’s shippers and manufacturers have struggled for years under regulations that are unclear and unfair. I’m glad to see DOT finalize rules that make it easier for these companies to operate efficiently, create jobs and plan for the future. Smart policies support economic growth while keeping communities safe, and that’s finally what’s going into effect here,” said Kennedy.

These final rules contribute to a safer workplace for individuals who produce or transport certain hazardous materials, and Kennedy has long advocated for these policy updates.

One of the rules finalizes specifications for rail tank cars carrying hazardous materials. It promotes enhanced safety specifications for cars carrying materials, such as chlorine, that are poisonous when inhaled.

A second rule will phase out by December 31, 2027 rail tank cars that are not properly equipped to transport such materials. This provides clarity and certainty to shipping firms planning to phase out older tank cars.

“We thank Sen. Kennedy for his commitment to safety and commend DOT for adopting standards that are supported by extensive research. With clear and uniform federal rules in place, chemical manufacturers can now have greater confidence that the tank cars they purchase or lease have a proven track record and will deliver safety benefits for many years to come,” said Chris Jahn, President and CEO of the American Chemistry Council.

Last year, Kennedy received the inaugural Rail Safety Advocate Award for his commitment to making railways safe and efficient.

“Banks have a duty to treat their clients fairly, and the OCC is right to make that clear. . . . Banks can’t simply refuse to lend to industries that have fallen out of favor with liberal elites, especially when those industries are supporting the Bill of Rights.”

MADISONVILLE, La. – Sen. John Kennedy (R-La.), member of the Senate Banking Committee, released the following statement supporting the Office of the Comptroller of the Currency’s (OCC) proposed rule to ensure fair access to credit, capital and other banking services for all customers.

“Banks have a duty to treat their clients fairly, and the OCC is right to make that clear. The most basic part of fairness means banks can’t discriminate against people or companies that are following the law. Banks can’t simply refuse to lend to industries that have fallen out of favor with liberal elites, especially when those industries are supporting the Bill of Rights,” said Kennedy.

Banks have recently been discriminating against legal businesses, particularly those selling firearms, ammunition and sporting goods. The U.S. Constitution protects those industries, and the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 mandated fair access to banking services in the wake of substantial government funding that was invested into the banking system at that time.

Kennedy introduced the No Red and Blue Banks Act to prohibit the federal government from giving contracts to banks that discriminate against lawful businesses based solely on social policy considerations.

Kennedy is also an original cosponsor of the Freedom Financing Act, which would prevent banks from discriminating against industries that comply with the law and are constitutionally protected.