S.Amdt. 2793

SA 2793. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title X, add the following:

SEC. 1049. 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 shall not operate or enter into or renew
a contract for the procurement of--
(1) a covered light detection and ranging technology
(referred to in this section as ``LiDAR technology'') that--
(A) is manufactured in a covered foreign country or by an
entity domiciled in a covered foreign country;
(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 or
administered by an entity domiciled in a covered foreign
country; or
(2) a system or systems that incorporates, interfaces with,
or otherwise uses 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 subsection (a)
shall take effect on June 30, 2026.
(e) Definitions.--In this section:
(1) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given
the term in section 101(a) of title 10, United States Code.
(2) Covered foreign country.--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.
(3) Covered lidar company.--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.
(4) Covered lidar technology.--The term ``covered LiDAR
technology'' means LiDAR technology and any related services
and equipment manufactured by a covered LiDAR company.
(5) Light detection and ranging and lidar.--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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