Bill Summary
The "No Safe Harbor for the Enemy Act" amends the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 to enhance the reporting requirements for Chinese military companies operating within the United States. Specifically, it modifies Section 1260H by establishing that the Secretary of Defense's decisions regarding which entities should be added to the publicly reported list of such companies are final and cannot be challenged or reviewed by any other government official or court. This aims to streamline the process and assert authority over the identification of potentially harmful foreign entities, thereby strengthening national security measures.
Possible Impacts
The "No Safe Harbor for the Enemy Act" could affect people in several significant ways:
1. **Increased Scrutiny of Businesses**: This legislation mandates more stringent public reporting of Chinese military companies operating in the United States. As a result, businesses that have ties to or are evaluated as having relationships with these companies may face increased scrutiny from regulators, investors, and the public. This could lead to reputational damage or loss of business opportunities for those companies.
2. **Legal Implications for Business Operations**: The provision that decisions by the Secretary of Defense regarding the inclusion of entities on the specified list are final and conclusive means that companies will have limited recourse to challenge such decisions. This could create an environment of uncertainty for businesses operating in or with associations to Chinese military companies, affecting their legal strategies and operational decisions.
3. **Impact on Employment and Workforce Dynamics**: If businesses that are identified as having connections to Chinese military entities are compelled to sever ties or face operational restrictions, this could lead to job losses or shifts in employment. Employees of affected companies might find themselves facing layoffs or the need to transition to new roles as businesses adapt to the changing regulatory landscape.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1864 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1864
To amend the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 to modify the provision relating to public
reporting of Chinese military companies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2025
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 to modify the provision relating to public
reporting of Chinese military companies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Safe Harbor for the Enemy Act''.
SEC. 2. MODIFICATION RELATING TO PUBLIC REPORTING OF CHINESE MILITARY
COMPANIES OPERATING IN THE UNITED STATES.
Section 1260H of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law
116-283) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Finality of Decisions.--The decision of the Secretary of
Defense as to any question regarding the addition of an entity to the
list required by subsection (b)(1) shall be final and conclusive and
may not be reviewed by any other official or by any court, whether by
an action in the nature of mandamus or otherwise.''.
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