SAFE LiDAR Act

This bill restricts the use of LiDAR technology from foreign adversary countries (China, Russia, Iran, North Korea) in the United States, with phased prohibitions, waivers, exemptions, and enforcement mechanisms.

Sec. 3, Prohibition: Three years after enactment, covered persons cannot engage in transactions using covered foreign adversary LiDAR in the U.S. Critical infrastructure operators and federal entities must stop using such technology already in use within five years, and cannot start using new such technology after enactment. The Commerce Secretary may grant case-by-case waivers for national interest or to avoid undue hardship (non-renewable, up to three years) or for national security or critical function continuity (with mitigation agreements). Exemptions include U.S. government testing, academic research, integration into products for export, and transportation between the U.S. and another country. Legacy products in use before the prohibition effective date are exempt. The Secretary can extend the effective date by two years if alternative supplies are insufficient, with possible 180-day extensions.

Sec. 4, Limitation on adversary partnerships: After enactment, covered persons cannot enter joint ventures, licensing agreements, or technology partnerships with companies controlling covered foreign adversary LiDAR for manufacturing, licensing, or deploying such technology for U.S. use. Exceptions exist for transactions that result in full divestment from adversary affiliation and for fulfilling pre-existing obligations (unless intended to frustrate the Act). Agreements made within 180 days before enactment are presumed to frustrate the Act.

Sec. 5, Enforcement: Violations of the prohibition can result in civil penalties (up to the amount in 50 U.S.C. 1705) and injunctive relief to cease violative transactions. The Secretary must provide written notice and a 30-day petition period before enforcement. The limitation on partnerships can be blocked or unwound.

Sec. 6, Transition mitigation: Within 90 days, the Commerce Secretary must establish a program for stakeholder outreach, compliance guidance, and waiver procedures. At least two experts (autonomous driving and robotics) must review petitions from users dependent on prohibited technology. The Secretary must issue advisory opinions within 180 days of a request. A task force must address national security risks of LiDAR still in use.

Sec. 7, Definitions: Defines key terms including "adversary affiliation termination event" (full divestment approved by the Secretary), "covered person" (anyone in commerce related to LiDAR, excluding individuals using it for personal purposes), "covered foreign adversary light detection and ranging technology" (LiDAR developed by entities from adversary countries or with at least 25% ownership by such entities), "critical infrastructure operator" (operators of water, power, smart city systems, airports, seaports, railways, etc.), and "foreign adversary country" (China, Russia, Iran, North Korea).

Sec. 8, Reporting requirement: The Commerce Secretary must report annually to Congress on enforcement actions, waivers granted, emerging national security threats, and efforts by China to circumvent the Act.