Sec. 164. Prohibition on operation, procurement, and contracting related to foreign-made light detection and ranging technology
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The Secretary of Defense shall not operate or enter into or renew a contract for the procurement of— a covered light detection and ranging technology (referred to in this section as LiDAR technology ) that— is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; uses operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or a system or systems that incorporates, interfaces with, or otherwise uses LiDAR technology as described in paragraph (1).
The prohibition under subsection
(a)shall not apply if the operation, procurement, or contracting action is for the purposes of intelligence, electronic warfare, and information warfare operations, testing, analysis, and training. The Secretary of Defense may waive the prohibition under subsection
(a)on a case-by-case basis if the Secretary certifies, in writing, to the congressional defense committees that the operation, procurement, or contracting action is required in the national interest of the United States. The prohibition under section
(a)shall take effect on June 30, 2026. In this section: The term covered foreign country means any of the following: The People’s Republic of China. The Islamic Republic of Iran. The Democratic People’s Republic of North Korea. The Russian Federation. The term covered LiDAR company means any of the following: Hesai Technology (or any subsidiary or affiliate of Hesai Technology). Any entity that produces or provides LiDAR and that is included on— the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce; or the civil-military fusion list maintained under section 1260h of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 113 note). Any entity that produces or provides LiDAR and that— is domiciled in a covered foreign country; or is subject to unmitigated foreign ownership, control or influence by a covered foreign country, as determined by the Secretary of Defense in accordance with the National Industrial Security Program or any successor to such program. The term covered LiDAR technology means LiDAR technology and any related services and equipment manufactured by a covered LiDAR company. The terms light detection and ranging and LiDAR mean a sensor that emits light, often in the form of a pulsed or modulated laser, and scans or flashes the environment to detect and measure the range of its surroundings.
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Sec. 164
Prohibition on operation, procurement, and contracting related to foreign-made light detection and ranging technology
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