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HR 6576

SAFE LiDAR Act

119th Congress Introduced by Raja Krishnamoorthi and 1 co-sponsor

The act would ban most use of foreign adversary LiDAR in the U.S., with phased prohibitions, waivers, and strict limits on partnerships to cut national security risks.

Introduced in House
0
WeVote Research Nonpartisan
Bill Summary · HR 6576

Summary of HR 6576 – SAFE LiDAR Act (Stopping Adversaries From Exploiting LiDAR)

Purpose and intent

  • The bill aims to restrict and ultimately prohibit the use of LiDAR technology developed, distributed, or controlled by foreign adversaries, with the stated focus on national security concerns associated with LiDAR used in autonomous systems, critical infrastructure, defense, and related fields.
  • It designates China, Russia, Iran, and North Korea as “foreign adversary countries” for purposes of the act.
  • Creates a framework for prohibitions, waivers, exemptions, enforcement, and transition planning to reduce reliance on adversary-controlled LiDAR technologies in the United States.

Key provisions and changes the bill would make

  • Prohibition timeline (Section 3)
    • Beginning three years after enactment, a covered person may not engage in transactions that result in the use of covered foreign adversary LiDAR technology in the United States (subsection (a)(1)).
    • For critical infrastructure operators or Federal entities, use of covered foreign adversary LiDAR is prohibited:
    • If the product/system was in use before enactment: prohibition begins five years after enactment.
    • If the product/system was not in use on enactment: prohibition begins upon enactment.
  • Waivers (Section 3)
    • Secretary of Commerce can grant waivers on a case-by-case basis if:
    • National interest or undue hardship findings justify a waiver; waivers are non-renewable and limited to up to three years.
    • For critical infrastructure/government use: waivers may be issued to avoid disruption if a mitigation plan is put in place.
    • The Secretary must establish waiver procedures before the prohibitions take effect.
  • Exemptions (Section 3)
    • Testing, evaluation, and cybersecurity activities by the U.S. government.
    • Acquisition of LiDAR technology for academic or research purposes.
    • Acquisition for integration into U.S.-made products that are exported (not used domestically in the U.S.).
    • Use in passenger or cargo transport contexts between the U.S. and another country.
    • Legacy products and systems: discrete products in use before the prohibition or those needed to replace such tech are exempt.
  • Extensions (Section 3d)
    • Secretary can grant a two-year extension if domestic supply of alternatives is insufficient, with possible 180-day later extensions upon renewed findings.
    • Extensions are challengeable in district court.
  • Restrictions on partnerships (Section 4)
    • Broad prohibition on joint ventures, licensing agreements, tech partnerships, or similar arrangements with companies that produce or control covered foreign adversary LiDAR for purposes including manufacturing, IP licensing, or deployment in the United States.
  • Exceptions to partnership restrictions (Section 4, subsection b)
    • Permits certain activities to unwind or terminate an adversary affiliation if doing so does not undermine the act’s core goals.
    • A presumption against joint ventures entered within 180 days before enactment (unless proven otherwise by evidence).
  • Definitions (Section 7)
    • Covered foreign adversary LiDAR technology: includes sensors, software, or systems using LiDAR, developed or controlled by entities connected to a foreign adversary country (with thresholds such as 25% ownership or control by such entities).
    • Covered person: broad category of entities engaged in commerce related to LiDAR or its use; excludes individuals using products for personal incidental use.
    • Critical infrastructure operator: defined by Secretary of Commerce with annual public notices of sectors and functions considered critical (including water/power utilities, smart city/municipal functions, and transportation hubs).
  • Enforcement (Section 5)
    • Civil penalties for violations (amount tied to penalties under 50 U.S.C. § 1705).
    • Possible injunctive relief to cease violative actions.
    • Enforcement can unwind or prohibit violative joint ventures or agreements.
    • Pre-enforcement notice and a 30-day response window for challenged penalties or actions.
  • Transition and compliance support (Section 6)
    • Commerce Department must run a transition program within 90 days of enactment to help stakeholders comply, issue guidance, and provide waiver/clarification procedures.
    • Establishes an autonomous vehicle and robotics expertise panel to review waiver petitions and suggest benchmarks for extending waivers.
    • Advisory opinions available to customers outlining whether continued use warrants a waiver, with a 180-day turnaround.
    • National Security Task Force to address risks of LiDAR technology remaining in use post-enactment, coordinating with intelligence and law enforcement as appropriate.
  • Reporting (Section 8)
    • Annual reports to Congress (starting one year after enactment) on enforcement actions, waivers granted (with product and party details), emerging threats, and foreign circumvention efforts.

Who and what would be affected

  • Covered persons and entities: Any person or organization engaged in commerce that involves LiDAR technology or products incorporating LiDAR, especially if controlled by foreign adversary entities.
  • Critical infrastructure operators and federal agencies: Prohibited from using covered foreign adversary LiDAR within defined timelines, with potential waivers when justified.
  • Joint ventures and partnerships: New collaborations with companies that produce or control adversary LiDAR would be restricted or prohibited, subject to exceptions and termination events.
  • U.S. consumers and users: Could be affected through supply chain shifts, upgrades, or replacements of LiDAR-equipped systems in vehicles, infrastructure, and robotics.
  • Regulators and agencies: The Commerce Department would lead waivers, enforcement, transition planning, and national security coordination.

Procedural and timeline notes

  • Enactment date: If enacted, prohibitions begin three years after enactment (and five years for pre-existing critical infrastructure uses with certain conditions).
  • Extensions: Two-year initial extension possible for supply concerns; further 180-day extensions possible upon renewed findings.
  • Waiver process: Must be established by the Secretary of Commerce, with case-by-case determinations.
  • Review and challenge: Determinations under Section 7 can be challenged in district court.
  • Transition support: Immediate compliance programs and expert panels established within 90 days of enactment.

Overall, the SAFE LiDAR Act seeks to reduce U.S. reliance on foreign adversary LiDAR technology by phased prohibitions, structured waivers with safeguards, prohibitions on related partnerships, and a robust transition and oversight framework to protect national security while addressing practical implementation concerns.

Compiled from official sources — confirm details with the bill’s official record.

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