Prohibition

(a) In general (1) Limitation on future transactions Except as otherwise provided under subsections (b), (c), or (d), beginning on the date that is three years after the date of enactment of this Act, a covered person, or any person knowingly engaging in a transaction with or on behalf of a covered person, shall not engage in a transaction that results in the use of covered foreign adversary light detection and ranging technology in the United States. (2) Limitation on critical infrastructure or federal government use Except as otherwise provided under subsections (b), (c), or (d), a critical infrastructure operator or Federal Government entity shall not use covered foreign adversary light detection and ranging technology in the United States— (A) in the case of a product or system in use by such user prior to the date of enactment of this Act, beginning on the date that is 5 years after the date of enactment; or (B) in the case of a product or system not in use by such user on the date of enactment of this Act, beginning on the date of enactment of this Act. (b) Waiver (1) In general The Secretary of Commerce may waive the prohibition under— (A) subsection (a)(1) if he determines, on a case-by-case basis that— (i) the issuance of such a waiver is in the national interest of the United States; or (ii) that the failure to issue such waiver would— (I) cause undue hardship to a given United States customer or user of a given covered foreign adversary light detection and ranging technology that is disproportionate to the national security benefit achieved through the application of the prohibition; and (II) such waiver is non-renewable and the duration of such waiver does not exceed three years; and (B) subsection (a)(2), on a case-by-case basis, if he determines that the issuance of such a waiver is— (i) in the national security interests of the United States; or (ii) necessary to avoid the cessation of a critical infrastructure or government function, and the operator or entity providing such function enters into a mitigation agreement with the Secretary outlining a plan for eliminating the prohibited technology or, if elimination is impracticable, mitigating the national security risks associated with its continued use. (2) Procedure Not later than the effective date of any prohibition under this Act, the Secretary of Commerce shall establish procedures and regulations governing the issuance of waivers under this subsection. (c) Exemptions (1) In general The prohibitions under subsection (a) shall not apply in the case of— (A) testing, evaluation, or cybersecurity activities by or on behalf of the United States Government; (B) the acquisition of a covered foreign adversary light detection and ranging technology for academic or research purposes; (C) the acquisition of a covered foreign adversary light detection and ranging technology for purposes of integration into a product manufactured, assembled, or otherwise developed in the United States, provided such products are exported outside of the United States and such covered foreign adversary light detection and ranging technology is not used in the United States; or (D) the use of a product, including an airplane or automobile, containing a covered foreign adversary light detection and ranging technology in contexts where the principal purpose of such usage is the provision of passenger or cargo transportation services between the United States and a different country. (2) Legacy products and systems The prohibitions under subsection (a)(1) shall not apply in the case of— (A) a discrete product in use within the United States prior to the date on which said prohibition is effective, or any covered foreign adversary light detection and ranging technology subsequently necessary to replace a covered foreign adversary light detection and ranging technology in said product; or (B) the resale, lease, or use of any product containing covered foreign adversary light detection and ranging technology if such technology was integrated into said discrete product prior to the effective date of a relevant prohibition under this Act. (d) Extension (1) In general The Secretary of Commerce shall grant a two-year extension of the effective date of the prohibition under subsection (a)(1) in the event that he determines that alternative sources of light detection and ranging technology are produced in an insufficient quantity to meet domestic demand. Following an initial extension, additional extensions of 180 days may be granted, but only upon a de novo finding of the Secretary of Commerce of insufficient alternative supplies prior to the issuance of each such extension. (2) Review Any extension under paragraph (1) shall be subject to challenge for factual error in a district court of competent jurisdiction. (e) Rules of construction Nothing in this Act shall be interpreted to— (1) preclude, preempt, or abridge the establishment of any other limitation or restriction on covered foreign adversary light detection and ranging technology established under other authorities, including but not limited to such limitations or restrictions that may be promulgated pursuant to State law or existing or future authorities of the Secretary of Commerce or the Office of Information and Communications Technology and Services; (2) permit an existing joint venture, licensing agreement, technology partnership, or other comparable contractual arrangement with a company that produces, designs, or otherwise controls covered foreign adversary light detection and ranging technology to be expanded by means of a prohibited transaction; or (3) prohibit the use of covered foreign adversary light detection and ranging technology by a United States person utilizing such technology outside of the United States.