Definitions

(a) Adversary affiliation termination event (1) Criteria The term adversary affiliation termination event shall refer to a transaction and agreement that constitutes a full and absolute divestment of any interest in a foreign adversary light detection and ranging technology, or full and absolute sale of any interest in a company that controls such technology, provided such transaction and agreement— (A) is approved by the Secretary of Commerce pursuant to paragraph (2); (B) results in a person or group of persons who are not affiliated with a foreign adversary country (whether by domicile, citizenship, principal place of business, or otherwise) obtaining full control over the corresponding technology, or as applicable, company; (C) eliminates any national security threat associated with such technology, including the transmission of any data collected or processed by the technology to a foreign adversary country; and (D) results in a full transfer of any intellectual property in such technology to a person in the United States or a country otherwise designated as a trusted partner of the United States pursuant to a notice and comment rulemaking of the Secretary of Commerce, except to the extent such a designation would contradict subsection (e). (2) Approval The Secretary of Commerce shall only issue an approval under the preceding paragraph if the petitioning applicant demonstrates by clear and convincing evidence that the corresponding termination event eliminates the national security threat associated with such technology and results in full control of such technology, including any intellectual property or data collected or processed by the technology, by persons not affiliated with a foreign adversary country. (3) Review Any determination of the Secretary of Commerce under paragraph (2) may be challenged in a district court of competent jurisdiction by an impacted party, including a company, or any shareholder thereof, that operates in a similar or related business as a petitioning party. (b) Covered person (1) In general The term covered person shall refer to any person that directly or indirectly engages in commerce or other activities that facilitate commerce— (A) related to light detection and ranging technology; (B) related to products, services, or infrastructure that contain, may contain, incorporate, or facilitate the production or development of such technology; or (C) that routinely utilizes light detection and ranging technology, or routinely utilizes products or services that contain, may contain, incorporate, or facilitate the production or development of such technology, in their ordinary course of business. (2) Limitation The term covered person shall not be interpreted to include a natural person that utilizes a product containing covered foreign adversary light detection and ranging technology for personal or incidental business purposes, without the intent to circumvent or otherwise abridge a material purpose of this Act. (3) Evasion The term covered person shall be interpreted to include any corporate or other structure established or operated with the primary intent of circumventing a material purpose of this Act. (c) Covered foreign adversary light detection and ranging technology (1) In general The term covered foreign adversary light detection and ranging technology shall refer to any sensor, system, hardware, software, or integrated component that uses light detection and ranging to collect, process, or interpret environmental data, including by means of a pulsed or modulated laser, if such technology was developed, distributed, and manufactured by— (A) a foreign person that is domiciled in, is headquartered in, has its principal place of business in, or is organized under the laws of a foreign adversary country; (B) an entity with respect to which a foreign person or combination of foreign persons described in subparagraph (A) directly or indirectly own at least a 25 percent stake; or (C) a person subject to the direction or control of a foreign person or entity described in subparagraph (A) or (B). (2) Exception The term covered foreign adversary light detection and ranging technology does not include a technology that no longer constitutes a foreign adversary light detection and ranging technology as a result of an adversary affiliation termination event. (d) Critical infrastructure operator (1) In general The term critical infrastructure operator shall refer to any operator, or contractor acting on behalf of an operator, of critical infrastructure as such term is interpreted by the Secretary of Commerce pursuant to the public notice required under paragraph (2). (2) Public notice Not less than annually, the Secretary of Commerce shall publish a document, using the definition provided for under section 5195c(e) of title 42, United States Code, describing the sectors or, as appropriate, functions that are considered critical infrastructure for purposes of this Act. (3) Minimum required sectors The annual document required under paragraph (2), without prejudice to such other sectors or functions that the Secretary of Commerce may designate, shall in all cases include— (A) the operation or inspection of water, wastewater, power, or other electric utilities or related generation or transmission infrastructure; (B) the use of digital technology, data, and connected systems to coordinate municipal or other similar functions, including the operation of systems commonly known as smart city systems or systems to regulate traffic or other related functions; or (C) the operation or inspection of an airport, seaport, railway, or other transportation asset. (e) Foreign adversary country The term foreign adversary country means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea.