[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S5045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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