It’s not just any foreign actor. It one of the specified countries listed in 10 USC 4872. And the president gets to make that call because he is The Authority on setting foreign policy. Congress is telling him he can’t pass the buck to some administrative agency. He has to make the call, publish the reasons, and take the heat for it.
I can agree with that. But what they are not doing is negating the EO that gave the power to make the determination to the secretary of commerce. That individual is part of the administration and working with other agencies to determine who gets on the list. This list is worked on by unelected officials and then recommends changes to the list as I outlined in the link above. This means the president, while ultimately responsible in this bill is not the one deciding who gets on the list. On a practical level I understand why this is - he cannot be expected to do everything all the time, he needs help.
§ 7.4 Determination of foreign adversaries.
(a) The Secretary has determined that the following foreign governments or foreign non-government persons have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons and, therefore, constitute foreign adversaries solely for the purposes of the Executive Order, this rule, and any subsequent rule:
(1) The People's Republic of China, including the Hong Kong Special Administrative Region (China);
(2) Republic of Cuba (Cuba);
(3) Islamic Republic of Iran (Iran);
(4) Democratic People's Republic of Korea (North Korea);
(5) Russian Federation (Russia); and
(6) Venezuelan politician Nicolás Maduro (Maduro Regime).
(b) The Secretary's determination of foreign adversaries is solely for the purposes of the Executive Order, this rule, and any subsequent rule promulgated pursuant to the Executive Order. Pursuant to the Secretary's discretion, the list of foreign adversaries will be revised as determined to be necessary. Such revisions will be effective immediately upon publication in the Federal Register without prior notice or opportunity for public comment.
(c) The Secretary's determination is based on multiple sources, including:
(1) National Security Strategy of the United States;
(2) The Director of National Intelligence's 2016–2019 Worldwide Threat Assessments of the U.S. Intelligence Community;
(3) The 2018 National Cyber Strategy of the United States of America; and
(4) Reports and assessments from the U.S. Intelligence Community, the U.S. Departments of Justice, State and Homeland Security, and other relevant sources.
(d) (d) The Secretary will periodically review this list in consultation with appropriate agency heads and may add to, subtract from, supplement, or otherwise amend this list. Any amendment to this list will apply to any ICTS Transaction that is initiated, pending, or completed on or after the date that the list is amended.
It is interesting that Pakistan and other countries aren’t on that list.
