[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6576 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 6576
To restrict the use of foreign adversary LiDAR in the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 10, 2025
Mr. Krishnamoorthi introduced the following bill; which was referred to
the Committee on Energy and Commerce, and in addition to the Committees
on Oversight and Government Reform, and Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To restrict the use of foreign adversary LiDAR in the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Adversaries From Exploiting
LiDAR Act of 2025'' or the ``SAFE LiDAR Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) LiDAR technologies are critical to the successful
development and deployment of autonomous vehicles, defense
systems, critical infrastructure, robotic systems, and advanced
manufacturing systems, as well as other important emerging
innovations.
(2) The Chinese Communist Party seeks to dominate LiDAR
technologies, which are critical not only for military
advancements, but to the People's Republic of China's broader
efforts to undermine the national security of the United
States.
(3) Foreign adversary dominance of LiDAR technologies, and
the widespread use of such technologies in the United States,
creates profound opportunities for such adversaries to engage
in espionage, technical compromise, and the disruption of
sensitive supply chains, presenting an unacceptable threat to
our Nation's security.
SEC. 3. 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.
SEC. 4. LIMITATION ON ADVERSARY PARTNERSHIPS.
(a) In General.--
(1) Limitation.--Except as provided for under subsections
(b) or (c), beginning on the date of enactment of this Act, it
shall be unlawful for any covered person, or person knowingly
engaging in a transaction with or on behalf of a covered
person, to enter into any 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 for the purpose of--
(A) manufacturing, assembling, or developing light
detection and ranging technology that is or is
derivative of covered foreign adversary light detection
and ranging technology for use in the United States;
(B) licensing intellectual property of a covered
foreign adversary light detection and ranging
technology for use in products intended to be used in
the United States; or
(C) facilitating the design, production, or
deployment of light detection and ranging technology
for use in the United States.
(2) Rule of construction.--The limitation described in
paragraph (1) shall not be interpreted to limit ventures,
agreements, partnerships, or other arrangements that involve
the use of covered foreign adversary light detection and
ranging technology in the United States for research purposes,
or in connection with the development, manufacturing, or
assembly of products that are intended for export and that will
not be sold or leased in the United States.
(b) Exception.--Notwithstanding subsection (a), a person, including
a covered person, is permitted to--
(1) engage in a transaction and enter into an agreement
that results in an adversary affiliation termination event with
respect to a covered foreign adversary light detection and
ranging technology; and
(2) fulfill any existing responsibilities or obligations
under any joint venture, licensing agreement, technology
partnership, or other comparable contractual arrangement
established prior to the date of enactment of this Act, except
in the case of such a venture, agreement, partnership, or other
arrangement that was entered into with the intent of
frustrating a material purpose of this Act.
(c) Presumption.--A joint venture, licensing agreement, technology
partnership, or other comparable contractual arrangement described
under subsection (a)(1) shall be presumed to be intended to frustrate a
material purpose of this Act if entered into during the 180-day period
immediately preceding the date of enactment of this Act, except as
otherwise demonstrated by a preponderance of the evidence.
SEC. 5. ENFORCEMENT.
(a) Enforcement of Prohibitions.--
(1) Civil penalty.--Any covered person who violates,
attempts to violate, conspires to violate, or causes any
knowing violation of section 3(a) shall be subject to a civil
penalty not to exceed the amount set forth under section 1705
of title 50, United States Code.
(2) Injunctive relief.--The Secretary of Commerce may seek
a declaratory judgment requiring any person (including, but not
limited to, a covered person or a critical infrastructure
operator) who violates, attempts to violate, conspires to
violate, or causes any violation of section 3 to cease, unwind,
or otherwise terminate any violative transaction, use, or
action in furtherance of the foregoing. Such an action may be
brought in any district court of competent jurisdiction or the
district court for the District of Columbia.
(b) Enforcement of Limitation.--Any joint venture, licensing
agreement, technology partnership, or comparable contractual
arrangement in violation of section 4 may be blocked, unwound, or
otherwise prohibited.
(c) Procedure.--Prior to any enforcement action under this Act, the
Secretary of Commerce shall provide the violating party with a written
explanation of the violative conduct specifying the laws and
regulations allegedly violated and the amount or nature of the proposed
penalty or action, and notifying the recipient of a right to make a
written petition within 30 days as to why a penalty should not be
imposed or such action should not be undertaken.
(d) Non-Exclusivity of Remedies.--Nothing in this section shall be
interpreted to limit or abridge such other enforcement authorities of
the Federal Government that may exist pursuant to other authorities.
SEC. 6. TRANSITION MITIGATION.
(a) Assistance to Customers and Users.--
(1) Program.--Not later than 90 days after the date of
enactment, the Secretary of Commerce shall establish and
thereafter maintain a program to--
(A) conduct outreach to stakeholders to facilitate
compliance with this Act;
(B) issue guidance on compliance, and incorporate
feedback from end users impacted by the Act into such
guidance; and
(C) establish procedures for entities to seek
waivers or clarifications under this Act.
(2) Autonomous vehicle and robotics expertise.--The
Secretary of Commerce shall designate not less than two
individuals, one of whom must have substantial expertise in
autonomous driving systems and one of whom must have
substantial expertise in robotics, responsible for accepting
and reviewing petitions by customers or users of covered
foreign adversary light detection and ranging technology that
develop products that incorporate such technology who contend
that their development or production of such product is
dependent on continued access to the prohibited technology, and
to--
(A) determine whether such contentions are
supported by technical evidence, and if so proven,
whether a waiver of such prohibition would be in the
national interest of the United States; and
(B) suggest technical benchmarks or other
indicators that would warrant a recission or extension
of such a waiver.
(b) Advisory Opinions.--Upon petition of a customer or user likely
to be impacted by this Act, the Secretary of Commerce shall issue
advisory opinions regarding whether their continued use of covered
foreign adversary light detection and ranging technology is likely to
warrant a waiver under this Act, which shall be provided to such a
customer or user not later than 180 days after the submission of such a
request.
(c) National Security Task Force.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish and
thereafter maintain a task force to address the national
security risks associated with covered foreign adversary light
detection and ranging technology--
(A) that remains in use following the effective
dates of prohibitions under this Act, whether by means
of waiver, exemption, extension, or violation; or
(B) that is in use during the period of time
following the date of enactment and the relevant
effective dates of prohibitions under this Act.
(2) Mandate.--The task force shall--
(A) engage with customers and users of covered
foreign adversary light detection and ranging
technology regarding national security risks and
potential partial mitigation measures; and
(B) work with appropriate elements of the
Intelligence Community and law enforcement to, in
appropriate instances, share information with such
customers and users regarding national security risks
associated with their use of foreign adversary light
detection and ranging technology.
SEC. 7. 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.
SEC. 8. REPORTING REQUIREMENT.
Not later than one year after the date of enactment of this Act,
and annually thereafter, the Secretary of Commerce shall submit a
report to Congress, which may contain a classified annex, that
describes--
(1) all regulatory or enforcement actions undertaken
pursuant to the Act;
(2) any waivers granted under the Act, including
identifying information regarding the products and persons
subject to such waivers;
(3) emerging national security threats related to light
detection and ranging technology; and
(4) any efforts of the People's Republic of China, or an
entity based therein, to circumvent or otherwise frustrate a
material purpose of this Act.
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