Sponsor
Richard Lynn Scott
Senator · R-FL
Senator · R-FL
The bill speeds and stabilizes DoD restrictions on entities to protect national security and procurement, but it does so by removing judicial review and reducing oversight — increasing risks of erroneous, arbitrary listings and potential economic costs for taxpayers and contractors.
Taxpayers and federal employees benefit because the Department of Defense can add entities to its restricted list more quickly and avoid immediate judicial delays, enabling faster removal of actors the DoD deems a threat to national security and federal procurement integrity.
Government contractors and procurement officials face fewer operational disruptions because preventing judicial injunctions reduces legal uncertainty around DoD procurement decisions and list management.
Government contractors lose the ability to seek judicial review after being added to the DoD restricted list, leaving companies with limited recourse to challenge erroneous or unfair listings.
Taxpayers and contractors face reduced transparency and external oversight of DoD listings, increasing the risk that additions could be arbitrary or politically motivated.
Taxpayers and government contractors could bear economic costs if incorrect listings disrupt contracts or require remediation without judicial recourse, shifting delays and expenses onto the public and private partners.
Based on analysis of 2 sections of legislative text.
Bars judicial and other official review of the Secretary of Defense’s decisions to add entities to the statutory list under 10 U.S.C. 113.
Official title: 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.
Introduced May 22, 2025 by Richard Lynn Scott · Last progress May 22, 2025
Makes the Secretary of Defense’s decisions final and not subject to judicial or other review when adding entities to the statutory list created under the William M. (Mac) Thornberry NDAA (10 U.S.C. 113). It renumbers two administrative subsections and inserts a new nonreviewability clause that bars courts (including mandamus actions) and other official review of those listing decisions.