Sec. 164. PROHIBITION ON OPERATION, PROCUREMENT, AND CONTRACTING RELATED TO FOREIGN-MADE LIGHT DETECTION AND RANGING TECHNOLOGY
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## SEC. 164 PROHIBITION ON OPERATION, PROCUREMENT, AND CONTRACTING RELATED TO FOREIGN-MADE LIGHT DETECTION AND RANGING TECHNOLOGY ###
(a)Prohibition on Agency Operation or Procurement The Secretary of Defense may not operate, or enter into or renew a contract for the procurement of— ####
(1)covered LiDAR technology; or ####
(2)a system or systems that incorporates, interfaces with, or otherwise uses covered LiDAR technology as described in paragraph (1). ###
(b)Exemption 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. ###
(c)Waiver 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. ###
(d)Effective Date The prohibition under section
(a)shall take effect on June 30, 2026. ###
(e)Mitigation of Risk of Use of Covered Lidar Technology ####
(1)Strategy required The Secretary of Defense shall develop a strategy to mitigate the risk to the Department of Defense of the use of covered LiDAR technology by defense contractors and subcontractors (at any tier). ####
(2)Elements In developing the strategy required by paragraph (1), the Secretary shall— #####
(A)publish a list of covered LiDAR companies in the Federal Register; #####
(B)conduct an assessment of the potential risks to the Department associated with the use of covered LiDAR technology by defense contractors, including an assessment of the severity and likelihood of occurrence of each such risk and a prioritization of such risks; and #####
(C)solicit input from defense contractors and subcontractors (at any tier) to identify effective approaches to reducing or eliminating use of covered LiDAR technology by such contractors and subcontractors. ####
(3)Implementation Not later than June 1, 2027, the Secretary shall implement the strategy required by paragraph (1). Such strategy shall actively monitor risk mitigation measures related to the use of covered LiDAR technology by defense contractors based on the assessment conducted and the input received under paragraph (2). ###
(f)Definitions In this section: ####
(1)The term “covered foreign country” means any of the following: #####
(A)The People’s Republic of China. #####
(B)The Islamic Republic of Iran. #####
(C)The Democratic People’s Republic of North Korea. #####
(D)The Russian Federation. ####
(2)The term “covered LiDAR company” means any of the following: #####
(A)Hesai Technology (or any subsidiary or affiliate of Hesai Technology). #####
(B)Any entity that produces or provides LiDAR and that is included on— ######
(i)the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce; or ######
(ii)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). #####
(C)Any entity that produces or provides LiDAR and that— ######
(i)is domiciled in a covered foreign country; or ######
(ii)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. ####
(3)The term “covered LiDAR technology” means LiDAR technology and any related services and equipment— #####
(A)manufactured by a covered LiDAR company; #####
(B)uses operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or #####
(C)uses network connectivity or data storage located in a covered foreign country or administered by an entity domiciled in a covered foreign country. ####
(4)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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