S 1864119th CongressIntroduced

No Safe Harbor for the Enemy Act

Introduced: May 22, 2025

Defense & National Security

Standard Summary

Comprehensive overview in 1-2 paragraphs

No Safe Harbor for the Enemy Act is a Senate bill introduced May 22, 2025 by Senator Scott of Florida. It would amend the 2021 National Defense Authorization Act (NDAA) to change how the Secretary of Defense adds entities to the public list of Chinese military companies operating in the United States. The key change is a new provision stating that the Secretary’s decision to add an entity to that list would be final and conclusive, and could not be reviewed by any other official or by any court (including through mandamus or other judicial action). The measure also rearranges some subsections of the relevant statute. In short, the bill would greatly limit any external review or court challenge of the government’s determinations about which Chinese firms are designated as military-influenced companies and thereby subject to U.S. reporting or sanctions.

Key Points

1The bill would insert a new subsection (f) to Section 1260H, making the Secretary of Defense’s decision to add an entity to the public list final and not reviewable by any other official or by any court (no mandamus or other action).
2It would redesignate existing subsections, moving (f) and (g) to (g) and (h), respectively, but the substantive effect centers on establishing finality of listing decisions.
3The provision targets the process related to adding entities to the list required by subsection (b)(1) of Section 1260H (the public reporting of Chinese military companies operating in the United States).
4The overall intent, as reflected by the bill’s title, is to remove “safe harbor” or avenues for challenge against listing decisions, increasing government decisiveness in listing actions.
5Sponsor and status: Introduced in the Senate by Sen. Rick Scott (Florida); referred to the Committee on Armed Services. As introduced, it is not yet law.

Impact Areas

Primary group/area affected:- Chinese military-connected companies operating in or seeking to operate in the United States that could be added to the public list, and the U.S. Department of Defense that administers the listing process.Secondary group/area affected:- U.S. investors, financial markets, and corporate compliance programs that rely on the status of listed Chinese firms (for example, disclosure, investment restrictions, or vendor/supply chain decisions).- Other government officials or agencies involved in the listing process may be constrained from reviewing or challenging the DoD’s listing determinations in court or through mandamus.Additional impacts:- National security and foreign policy implications: strengthens executive authority to designate and publicize Chinese military companies without judicial checks.- Due process considerations: removing avenues of review could raise concerns about procedural fairness for entities listed, though the bill does not specify additional procedural safeguards beyond finality.- Potential constitutional or legal debates: while not yet enacted, critics might raise due process or separation-of-powers concerns about removing court review of listing decisions. Proponents would argue it speeds and strengthens sanctions/controls against adversarial entities.

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