S.1864 - No Safe Harbor for the Enemy Act (119th Congress)
Summary
S.1864, the "No Safe Harbor for the Enemy Act," aims to amend the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021. The amendment focuses on modifying the public reporting requirements for Chinese military companies operating in the United States. Specifically, it grants the Secretary of Defense final and conclusive decision-making authority regarding the addition of entities to the list of Chinese military companies.
Expected Effects
The bill's primary effect would be to streamline the process of identifying and listing Chinese military companies operating in the U.S. by giving the Secretary of Defense sole authority on these decisions. This could lead to quicker and potentially more decisive actions against such companies. The bill also limits judicial review of the Secretary's decisions.
Potential Benefits
- Potentially strengthens national security by expediting the identification and potential sanctioning of Chinese military companies operating in the U.S.
- May deter Chinese military companies from operating in the U.S. due to increased scrutiny and potential for sanctions.
- Could lead to a more unified and decisive approach to dealing with Chinese military companies.
- Potentially reduces the time and resources spent on legal challenges related to the listing of these companies.
- May enhance the ability of the U.S. government to protect sensitive technologies and intellectual property.
Most Benefited Areas:
Potential Disadvantages
- Limits judicial review, potentially leading to arbitrary or unfair decisions without recourse.
- Could lead to errors in identifying companies, negatively impacting legitimate businesses.
- May strain diplomatic relations with China if implemented aggressively.
- Potential for abuse of power by the Secretary of Defense without sufficient oversight.
- Could create uncertainty for businesses operating in the U.S. with ties to China.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's limitation on judicial review raises potential concerns regarding due process and the separation of powers. While Congress has broad authority over national security matters (Article I, Section 8), the extent to which it can restrict judicial review is subject to constitutional limitations. The finality clause in Section 2(2) might be challenged under the Fifth Amendment's due process clause if it leads to arbitrary or unfair outcomes without adequate procedural safeguards.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).