Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB1864

Introduced
5/22/25  

Caption

No Safe Harbor for the Enemy Act

Impact

The proposed changes emphasize the finality of decisions made by the Secretary of Defense with regard to entities added to the list of Chinese military companies. Under this amendment, decisions regarding such listings will no longer be subject to review by other officials or courts. This approach reinforces the authority of the Department of Defense in determining the security risks posed by foreign entities and enhances the government's ability to act under national defense parameters.

Summary

SB1864, known as the 'No Safe Harbor for the Enemy Act', seeks to amend the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021. The primary focus of this legislation is to refine the requirements surrounding the public reporting of Chinese military companies operating within the United States. This bill reflects growing concerns over national security, particularly the influence of Chinese entities in the U.S. economy and military infrastructure.

Conclusion

Overall, SB1864 represents a pivotal move toward strengthening national defense mechanisms but raises concerns about potential consequences for businesses and the fairness of executive determinations. As the bill moves forward, it will likely spark discussions about the scope of governmental oversight versus the rights of entities operating in the United States.

Contention

There may arise significant points of contention regarding the lack of judicial review for the Secretary's decisions, which some stakeholders might argue infringes upon checks and balances. Critics could express concerns about transparency and accountability within the defense sector, as well as potential overreach of executive power in labeling entities as threats without external recourse. These implications might lead to debates about the balance between national security and individual rights, particularly for businesses that might be unfairly categorized.

Companion Bills

No companion bills found.

Previously Filed As

US SB5571

A bill to impose sanctions with respect to foreign persons that knowingly engage in significant operations in the defense and related materiel sector or the surveillance technology sector of the economy of the People's Republic of China, and for other purposes.

US HB8631

Decoupling from Foreign Adversarial Battery Dependence Act

US SB5572

A bill to prohibit the Secretary of Homeland Security from procuring certain foreign-made batteries, and for other purposes.

US SB4792

Countering CCP Drones and Supporting Drones for Law Enforcement Act

US SB4590

TRADE SAFE Act Timely Rejection of Adversarial and Dangerous Enterprises and Securing American Financial Exchanges Act

US HB7678

Protecting Against Foreign Adversary Investments Act of 2024

US HB10408

To establish an interagency working group to assess the challenges of protecting military and commercial telecommunications networks in the United States from security threats related to the Signaling System 7 telecommunication protocol standard, and for other purposes.

US SB5043

Sanctions Lists Harmonization Act

US HB8826

Chip EQUIP Act Chip Equipment Quality, Usefulness, and Integrity Protection Act of 2024

US SB1864

No Federal Funding for CCP Spying and Persuasion In Education Settings (SPIES) Act of 2023

Similar Bills

No similar bills found.