National Defense Supply Chain Integrity Act of 2025
Summary
SB3158, titled the National Defense Supply Chain Integrity Act of 2025, would amend section 1260H of the 2021 National Defense Authorization Act to clarify that the Department of Defense’s identification of Chinese military companies is not subject to the Administrative Procedure Act (APA). The bill states that these determinations are military or foreign affairs functions under federal administrative law, which would exempt them from APA provisions governing rulemaking, adjudication, judicial review, and related procedural requirements.
In practical terms, the bill would give the Secretary of Defense greater discretion and speed in designating companies as Chinese military companies, without the usual APA-based notice, comment, or court-review framework. The measure is framed as a national security and supply chain integrity bill, and it would affect the legal status of companies identified under section 1260H, as well as any entities doing business with them or subject to related defense restrictions.
Impact
The bill would amend federal law in 10 U.S.C. 113 note by adding a new subsection to section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021. That amendment would explicitly remove APA coverage for Defense Department determinations identifying Chinese military companies, limiting procedural and judicial review under title 5 of the U.S. Code. The change would strengthen executive branch authority in national security designations and could reduce litigation risk and administrative delay for the Department of Defense and affected companies.
Sentiment
There is no recorded committee debate or vote history in the provided materials, so no direct floor or committee sentiment is available. Based on the bill text and title, the measure appears to be presented in a strongly national security-oriented frame, emphasizing supply chain integrity and defense concerns. The absence of opposition statements or amendments in the provided record means the overall sentiment can only be characterized as neutral-to-supportive from the sponsor’s perspective, with no documented public controversy in the supplied context.
Contention
The main point of contention is likely the bill’s removal of APA protections for Defense Department designations. Supporters would view this as necessary to protect national security and prevent procedural delays, while critics may argue it reduces transparency, limits due process, and curtails judicial review for affected companies. Another likely issue is the breadth of executive discretion the bill would confer on the Secretary of Defense in making and maintaining Chinese military company determinations.
To amend section 844 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 to change the applicability of the amendments made by such section, and for other purposes.
American Science First Act This bill prohibits the National Science Foundation (NSF) from providing grants or other forms of assistance to certain foreign individuals and entities. Specifically, the NSF may not support any individual or entity that is affiliated or otherwise has a relationship, including but not limited to a research partnership, joint venture, or contract, with an entity included on the entity list under the Export Administration Regulations, which identifies foreign entities subject to license requirements for the export, reexport, or transfer of certain items; a Chinese military company operating in the United States or any of its territories or possessions on the list required under the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, or required under the Mac Thornberry National Defense Authorization Act for Fiscal Year 2021, or any successor list; or any parent, subsidiary, affiliate of, or entity owned by or controlled by any such entity.