by the technology to a foreign adversary coun-
try; and 
(D) results in a full transfer of any intel-
lectual property in such technology to a person 
in the United States or a country otherwise des-
ignated as a trusted partner of the United 
States pursuant to a notice and comment rule-
making 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 cor-
responding 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 proc-
essed by the technology, by persons not affiliated 
with a foreign adversary country. 
(3) REVIEW.—Any determination of the Sec-
retary of Commerce under paragraph (2) may be 
challenged in a district court of competent jurisdic-
tion by an impacted party, including a company, or 
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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 facili-
tate commerce— 
(A) related to light detection and ranging 
technology; 
(B) related to products, services, or infra-
structure that contain, may contain, incor-
porate, or facilitate the production or develop-
ment 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 de-
velopment 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 ad-
versary light detection and ranging technology for 
personal or incidental business purposes, without the 
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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 DETEC-
TION AND RANGING TECHNOLOGY.— 
(1) IN GENERAL.—The term ‘‘covered foreign 
adversary light detection and ranging technology’’ 
shall refer to any sensor, system, hardware, soft-
ware, or integrated component that uses light detec-
tion and ranging to collect, process, or interpret en-
vironmental 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 for-
eign person or combination of foreign persons 
described in subparagraph (A) directly or indi-
rectly own at least a 25 percent stake; or 
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(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 con-
stitutes a foreign adversary light detection and rang-
ing technology as a result of an adversary affiliation 
termination event. 
(d) CRITICAL INFRASTRUCTURE OPERATOR.— 
(1) IN
GENERAL.—The term ‘‘critical infra-
structure 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 docu-
ment, 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 an-
nual document required under paragraph (2), with-
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out 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 infrastruc-
ture; 
(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 sys-
tems or systems to regulate traffic or other re-
lated functions; or 
(C) the operation or inspection of an air-
port, 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. 
SEC. 8. REPORTING REQUIREMENT. 
Not later than one year after the date of enactment 
of this Act, and annually thereafter, the Secretary of Com-
merce shall submit a report to Congress, which may con-
tain a classified annex, that describes— 
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