[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2795-S2796]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 691. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CHINA INVESTMENT RISK DISCLOSURE.

       (a) Findings.--Congress finds the following:
       (1) The People's Republic of China has vowed to seize 
     Taiwan, which the People's Republic of China considers to be 
     a renegade province.
       (2) The people of Taiwan are concerned that the People's 
     Republic of China will launch an armed attack of Taiwan.
       (3) The Chairman of the Joint Chiefs of Staff, in testimony 
     before Congress in April 2022, stated the following: ``The 
     People's Republic of China has and continues to develop 
     significant nuclear, space, cyber, land, air, and maritime 
     military capabilities, and they are working every day to 
     close the technology gap with the United States and our 
     allies. In short, they remain intent on fundamentally 
     revising the global international order in their favor by 
     midcentury, they intend to be a military peer of the U.S. by 
     2035, and they intend to develop the military capabilities to 
     seize Taiwan by 2027.''.
       (4) Section 3(a) of the Taiwan Relations Act (22 U.S.C. 
     3302(a)) states that ``the United States will make available 
     to Taiwan such defense articles and defense services in such 
     quantity as may be necessary to enable Taiwan to maintain a 
     sufficient self-defense capability.''.
       (5) An armed attack of Taiwan would likely materially 
     disrupt United States business relations with, and 
     investments in, the People's Republic of China, whether 
     directly or indirectly.
       (6) The nature and risk of an armed attack of Taiwan by the 
     People's Republic of China is material to shareholders of 
     issuers that have a material presence in the People's 
     Republic of China.
       (7) Issuers should be required to disclose to their 
     shareholders--
       (A) any reliance that those issuers have on the operations 
     of those issuers in the People's Republic of China;
       (B) the material risks posed to the business interests of 
     those issuers by an armed attack of Taiwan by the People's 
     Republic of China; and
       (C) the commercial relationships that those issuers have 
     with the industrial base of the People's Liberation Army, 
     including with any entity on the list of Chinese military 
     companies maintained by the Secretary of Defense under 
     section 1260H of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283; 10 U.S.C. 113 note).
       (b) Disclosure of Material Risks Associated With an Armed 
     Attack of Taiwan by the People's Republic of China.--Section 
     13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is 
     amended by adding at the end the following:
       ``(t) Disclosure of Material Risks Associated With an Armed 
     Attack of Taiwan by the People's Republic of China.--
       ``(1) Definition.--In this subsection, the term `covered 
     issuer'--
       ``(A) means an issuer that is required to file reports 
     under subsection (a) or section 15(d); and
       ``(B) includes any issuer that files the form described in 
     section 249.220f of title 17, Code of Federal Regulations, or 
     any successor regulation.
       ``(2) Regulations.--Not later than 270 days after the date 
     of enactment of this subsection, the Commission shall 
     promulgate regulations requiring each covered issuer to 
     disclose annually, beginning with the first full fiscal year 
     of the covered issuer that begins after the date on which the 
     Commission promulgates those regulations, information 
     regarding the following:
       ``(A) The direct or indirect exposure, including through 
     contract manufacturers and joint ventures, of the covered 
     issuer to the People's Republic of China through--
       ``(i) the operations of the covered issuer;
       ``(ii) the employee base of the covered issuer;
       ``(iii) investments made by the covered issuer in the 
     People's Republic of China (including the Hong Kong Special 
     Administrative Region); and
       ``(iv) securities traded by the covered issuer in the 
     People's Republic of China (including the Hong Kong Special 
     Administrative Region).
       ``(B) The legal or regulatory uncertainty associated with 
     the covered issuer operating in or exiting the People's 
     Republic of China after an armed attack of Taiwan by the 
     People's Republic of China.
       ``(C) The direct or indirect reliance of the covered issuer 
     on goods or services sourced in the People's Republic of 
     China.
       ``(D) The potential disruptions to the supply chain of the 
     covered issuer due to an armed attack of Taiwan by the 
     People's Republic of China.
       ``(E) The disruptions that an armed attack of Taiwan by the 
     People's Republic of China may cause to the following:
       ``(i) The business relationships of the covered issuer in 
     the People's Republic of China (including the Hong Kong 
     Special Administrative Region).
       ``(ii) Other connections between the covered issuer and the 
     People's Republic of China (including the Hong Kong Special 
     Administrative Region).
       ``(iii) Assets of the covered issuer that are in the 
     People's Republic of China (including the Hong Kong Special 
     Administrative Region).
       ``(F) The impact on the cash flow, liquidity, supply chain, 
     property, capital resources, cash requirements, or financial 
     position of the covered issuer, or on any plant or equipment 
     of the covered issuer located in the People's Republic of 
     China (including the Hong Kong Special Administrative 
     Region), that may be caused by an armed attack of Taiwan by 
     the People's Republic of China, including--
       ``(i) any impairment of financial assets or long-lived 
     assets of the covered issuer;
       ``(ii) any decline in--

       ``(I) the value of inventory or investments of the covered 
     issuer; or
       ``(II) the recoverability of deferred tax assets of the 
     covered issuer; and

       ``(iii) any impact on the collectability of consideration 
     relating to contracts that the covered issuer has with 
     customers.
       ``(G) The impact of any import or export ban that may 
     result from an armed attack of Taiwan by the People's 
     Republic of China on any product or commodity, including any 
     critical mineral from the People's Republic of China, used in 
     the course of business by the covered issuer or sold by the 
     covered issuer.
       ``(3) Information available to the public.--Each covered 
     issuer shall make available to the public on the internet 
     website of the covered issuer the information disclosed by 
     the covered issuer in accordance with the regulations 
     promulgated by the Commission under paragraph (2).''.
       (c) Disclosure by Investment Advisers and Investment 
     Companies.--
       (1) Definitions.--In this subsection:
       (A) Commission.--The term ``Commission'' means the 
     Securities and Exchange Commission.
       (B) Investment adviser.--The term ``investment adviser'' 
     has the meaning given the term in section 202(a) of the 
     Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)).
       (C) Investment company.--The term ``investment company'' 
     has the meaning given the term in section 3 of the Investment 
     Company Act of 1940 (15 U.S.C. 80a-3).
       (2) Disclosures.--Not later than 270 days after the date of 
     enactment of this Act, the Commission shall promulgate 
     regulations that require each investment adviser and each 
     investment company to make an annual disclosure to the 
     Commission (to the extent material) with respect to the 
     issues described in paragraph (3).
       (3) Issues described.--The issues described in this 
     paragraph with respect to an investment adviser or investment 
     company are the following:
       (A) The exposure of the applicable entity to the People's 
     Republic of China through investments made by the entity in 
     the People's

[[Page S2796]]

     Republic of China (including the Hong Kong Special 
     Administrative Region).
       (B) The potential loss in value of investments described in 
     subparagraph (A) that may be caused by an armed attack of 
     Taiwan by the People's Republic of China, including any 
     sanctions imposed by the United States in response to such an 
     armed attack.
       (4) Applicability.--The regulations promulgated under 
     paragraph (2) shall apply beginning with the first full 
     fiscal year of an investment adviser or investment company, 
     as applicable, that begins after the date on which the 
     Commission promulgates those regulations.
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