,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #fegf  ,,in ,,the ,,house ,,of  
,,representatives  ,december #aj1       
#bjbe,mr4 ,krishnamoorthi introduced the
 following bill2 which was referred to  
the ,committee on ,energy and ,commerce1
 and in addition to the ,committees on  
,oversight and ,government ,reform1 and 
,transportation and ,infrastructure1 for
 a period to be subsequently determined 
by the ,speaker1 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   
,li,d,a,r in the ,united ,states4  #a4  
,short title ,this ,act may be cited as 
the ,stopping ,adversaries ,from        
,exploiting ,li,d,a,r ,act of #bjbe or  
the ,,safe ,li,d,a,r ,act4  #b4         
,findings ,congress finds the following3
 7#a7 ,li,d,a,r technologies are        
critical to the successful development  
and deployment of autonomous vehicles1  
defense systems1 critical               

infrastructure1 robotic systems1 and    
advanced manufacturing systems1 as well 
as other important emerging innovations4
  7#b7 ,the ,chinese ,communist ,party  
seeks to dominate ,li,d,a,r             
technologies1 which are critical not    
only for military advancements1 but to  
the ,people's ,republic of ,china's     
broader efforts to undermine the        
national security of the ,united        
,states4  7#c7 ,foreign adversary       
dominance of ,li,d,a,r technologies1 and
 the widespread use of such technologies
 in the ,united ,states1 creates        
profound opportunities for such         
adversaries to engage in espionage1     
technical compromise1 and the disruption
 of sensitive supply chains1 presenting 
an unacceptable threat to our ,nation's 
security4  #c4 ,prohibition  7a7 ,in    
general  7#a7 ,limitation on future     
transactions ,except as otherwise       
provided under subsections 7b71 7c71 or 
7d71 beginning on the date that is three
 years after the date of enactment of   

this ,act1 a covered person1 or any     
person knowingly engaging in a          
transaction with or on behalf of a      
covered person1 shall not engage in a   
transaction that results in the use of  
covered foreign adversary light         
detection and ranging technology in the 
,united ,states4  7#b7 ,limitation on   
critical infrastructure or federal      
government use ,except as otherwise     
provided under subsections 7b71 7c71 or 
7d71 a critical infrastructure operator 
or ,federal ,government entity shall not
 use covered foreign adversary light    
detection and ranging technology in the 
,united ,states-- 7,a7 in the case of a 
product or system in use by such user   
prior to the date of enactment of this  
,act1 beginning on the date that is #e  
years after the date of enactment2 or   
7,b7 in the case of a product or system 
not in use by such user on the date of  
enactment of this ,act1 beginning on the
 date of enactment of this ,act4  7b7   
,waiver  7#a7 ,in general ,the          

,secretary of ,commerce may waive the   
prohibition under-- 7,a7 subsection     
7a77#a7 if he determines1 on a          
case-by-case basis that-- 7i7 the       
issuance of such a waiver is in the     
national interest of the ,united        
,states2 or  7ii7 that the failure to   
issue such waiver would-- 7,i7 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 prohibition2 and     
7,,ii7 such waiver is non-renewable and 
the duration of such waiver does not    
exceed three years2 and  7,b7 subsection
 7a77#b71 on a case-by-case basis1 if he
 determines that the issuance of such a 
waiver is-- 7i7 in the national security
 interests of the ,united ,states2 or   
7ii7 necessary to avoid the cessation of
 a critical infrastructure or government
 function1 and the operator or entity   

providing such function enters into a   
mitigation agreement with the ,secretary
 outlining a plan for eliminating the   
prohibited technology or1 if elimination
 is impracticable1 mitigating the       
national security risks associated with 
its continued use4  7#b7 ,procedure ,not
 later than the effective date of any   
prohibition under this ,act1 the        
,secretary of ,commerce shall establish 
procedures and regulations governing the
 issuance of waivers under this         
subsection4  7c7 ,exemptions  7#a7 ,in  
general ,the prohibitions under         
subsection 7a7 shall not apply in the   
case of-- 7,a7 testing1 evaluation1 or  
cybersecurity activities by or on behalf
 of the ,united ,states ,government2    
7,b7 the acquisition of a covered       
foreign adversary light detection and   
ranging technology for academic or      
research purposes2  7,c7 the acquisition
 of a covered foreign adversary light   
detection and ranging technology for    
purposes of integration into a product  

manufactured1 assembled1 or otherwise   
developed in the ,united ,states1       
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 ,states2 or  7,d7   
the use of a product1 including an      
airplane or automobile1 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 country4  7#b7 ,legacy        
products and systems ,the prohibitions  
under subsection 7a77#a7 shall not apply
 in the case of-- 7,a7 a discrete       
product in use within the ,united       
,states prior to the date on which said 
prohibition is effective1 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 product2 or  7,b7 the
 resale1 lease1 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 ,act4  7d7 ,extension  7#a7 
,in general ,the ,secretary of ,commerce
 shall grant a two-year extension of the
 effective date of the prohibition under
 subsection 7a77#a7 in the event that he
 determines that alternative sources of 
light detection and ranging technology  
are produced in an insufficient quantity
 to meet domestic demand4 ,following an 
initial extension1 additional extensions
 of #ahj days may be granted1 but only  
upon a de novo finding of the ,secretary
 of ,commerce of insufficient           
alternative supplies prior to the       
issuance of each such extension4  7#b7  
,review ,any extension under paragraph  
7#a7 shall be subject to challenge for  

factual error in a district court of    
competent jurisdiction4  7e7 ,rules of  
construction ,nothing in this ,act shall
 be interpreted to-- 7#a7 preclude1     
preempt1 or abridge the establishment of
 any other limitation or restriction on 
covered foreign adversary light         
detection and ranging technology        
established under other authorities1    
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 ,services2  7#b7 permit 
an existing joint venture1 licensing    
agreement1 technology partnership1 or   
other comparable contractual arrangement
 with a company that produces1 designs1 
or otherwise controls covered foreign   
adversary light detection and ranging   
technology to be expanded by means of a 
prohibited transaction2 or  7#c7        
prohibit the use of covered foreign     

adversary light detection and ranging   
technology by a ,united ,states person  
utilizing such technology outside of the
 ,united ,states4  #d4 ,limitation on   
adversary partnerships  7a7 ,in general 
7#a7 ,limitation ,except as provided for
 under subsections 7b7 or 7c71 beginning
 on the date of enactment of this ,act1 
it shall be unlawful for any covered    
person1 or person knowingly engaging in 
a transaction with or on behalf of a    
covered person1 to enter into any joint 
venture1 licensing agreement1 technology
 partnership1 or other comparable       
contractual arrangement with a company  
that produces1 designs1 or otherwise    
controls covered foreign adversary light
 detection and ranging technology for   
the purpose of-- 7,a7 manufacturing1    
assembling1 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       
,states2  7,b7 licensing intellectual   

property of a covered foreign adversary 
light detection and ranging technology  
for use in products intended to be used 
in the ,united ,states2 or  7,c7        
facilitating the design1 production1 or 
deployment of light detection and       
ranging technology for use in the       
,united ,states4  7#b7 ,rule of         
construction ,the limitation described  
in paragraph 7#a7 shall not be          
interpreted to limit ventures1          
agreements1 partnerships1 or other      
arrangements that involve the use of    
covered foreign adversary light         
detection and ranging technology in the 
,united ,states for research purposes1  
or in connection with the development1  
manufacturing1 or assembly of products  
that are intended for export and that   
will not be sold or leased in the       
,united ,states4  7b7 ,exception        
,notwithstanding subsection 7a71 a      
person1 including a covered person1 is  
permitted to-- 7#a7 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 technology2 and   
7#b7 fulfill any existing               
responsibilities or obligations under   
any joint venture1 licensing agreement1 
technology partnership1 or other        
comparable contractual arrangement      
established prior to the date of        
enactment of this ,act1 except in the   
case of such a venture1 agreement1      
partnership1 or other arrangement that  
was entered into with the intent of     
frustrating a material purpose of this  
,act4  7c7 ,presumption ,a joint        
venture1 licensing agreement1 technology
 partnership1 or other comparable       
contractual arrangement described under 
subsection 7a77#a7 shall be presumed to 
be intended to frustrate a material     
purpose of this ,act if entered into    
during the #ahj-;day period immediately 
preceding the date of enactment of this 
,act1 except as otherwise demonstrated  

by a preponderance of the evidence4  #e4
 ,enforcement  7a7 ,enforcement of      
,prohibitions  7#a7 ,civil penalty ,any 
covered person who violates1 attempts to
 violate1 conspires to violate1 or      
causes any knowing violation of section 
#c7;a7 shall be subject to a civil      
penalty not to exceed the amount set    
forth under section #agje of title #ej1 
,united ,states ,code4  7#b7 ,injunctive
 relief ,the ,secretary of ,commerce may
 seek a declaratory judgment requiring  
any person 7including1 but not limited  
to1 a covered person or a critical      
infrastructure operator7 who violates1  
attempts to violate1 conspires to       
violate1 or causes any violation of     
section #c to cease1 unwind1 or         
otherwise terminate any violative       
transaction1 use1 or action in          
furtherance of the foregoing4 ,such an  
action may be brought in any district   
court of competent jurisdiction or the  
district court for the ,district of     
,columbia4  7b7 ,enforcement of         

,limitation ,any joint venture1         
licensing agreement1 technology         
partnership1 or comparable contractual  
arrangement in violation of section #d  
may be blocked1 unwound1 or otherwise   
prohibited4  7c7 ,procedure ,prior to   
any enforcement action under this ,act1 
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 action1 and notifying the recipient 
of a right to make a written petition   
within #cj days as to why a penalty     
should not be imposed or such action    
should not be undertaken4  7d7          
,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        
authorities4  #f4 ,transition mitigation
  7a7 ,assistance to ,customers and     

,users  7#a7 ,program ,not later than   
#ij days after the date of enactment1   
the ,secretary of ,commerce shall       
establish and thereafter maintain a     
program to-- 7,a7 conduct outreach to   
stakeholders to facilitate compliance   
with this ,act2  7,b7 issue guidance on 
compliance1 and incorporate feedback    
from end users impacted by the ,act into
 such guidance2 and  7,c7 establish     
procedures for entities to seek waivers 
or clarifications under this ,act4  7#b7
 ,autonomous vehicle and robotics       
expertise ,the ,secretary of ,commerce  
shall designate not less than two       
individuals1 one of whom must have      
substantial expertise in autonomous     
driving systems and one of whom must    
have substantial expertise in robotics1 
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 technology1 and to-- 
7,a7 determine whether such contentions 
are supported by technical evidence1 and
 if so proven1 whether a waiver of such 
prohibition would be in the national    
interest of the ,united ,states2 and    
7,b7 suggest technical benchmarks or    
other indicators that would warrant a   
recission or extension of such a waiver4
  7b7 ,advisory ,opinions ,upon petition
 of a customer or user likely to be     
impacted by this ,act1 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   
,act1 which shall be provided to such a 
customer or user not later than #ahj    
days after the submission of such a     
request4  7c7 ,national ,security ,task 
,force  7#a7 ,in general ,not later than
 #ij days after the date of enactment of

 this ,act1 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-- 7,a7 that remains in use   
following the effective dates of        
prohibitions under this ,act1 whether by
 means of waiver1 exemption1 extension1 
or violation2 or  7,b7 that is in use   
during the period of time following the 
date of enactment and the relevant      
effective dates of prohibitions under   
this ,act4  7#b7 ,mandate ,the task     
force shall-- 7,a7 engage with customers
 and users of covered foreign adversary 
light detection and ranging technology  
regarding national security risks and   
potential partial mitigation measures2  
and  7,b7 work with appropriate elements
 of the ,intelligence ,community and law
 enforcement to1 in appropriate         
instances1 share information with such  
customers and users regarding national  
security risks associated with their use

 of foreign adversary light detection   
and ranging technology4  #g4            
,definitions  7a7 ,adversary affiliation
 termination event  7#a7 ,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 technology1 or full and absolute
 sale of any interest in a company that 
controls such technology1 provided such 
transaction and agreement-- 7,a7 is     
approved by the ,secretary of ,commerce 
pursuant to paragraph 7#b72  7,b7       
results in a person or group of persons 
who are not affiliated with a foreign   
adversary country 7whether by domicile1 
citizenship1 principal place of         
business1 or otherwise7 obtaining full  
control over the corresponding          
technology1 or as applicable1 company2  
7,c7 eliminates any national security   
threat associated with such technology1 
including the transmission of any data  

collected or processed by the technology
 to a foreign adversary country2 and    
7,d7 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         
,commerce1 except to the extent such a  
designation would contradict subsection 
7e74  7#b7 ,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         
technology1 including any intellectual  
property or data collected or processed 
by the technology1 by persons not       
affiliated with a foreign adversary     
country4  7#c7 ,review ,any             

determination of the ,secretary of      
,commerce under paragraph 7#b7 may be   
challenged in a district court of       
competent jurisdiction by an impacted   
party1 including a company1 or any      
shareholder thereof1 that operates in a 
similar or related business as a        
petitioning party4  7b7 ,covered person 
7#a7 ,in general ,the term covered      
person shall refer to any person that   
directly or indirectly engages in       
commerce or other activities that       
facilitate commerce-- 7,a7 related to   
light detection and ranging technology2 
7,b7 related to products1 services1 or  
infrastructure that contain1 may        
contain1 incorporate1 or facilitate the 
production or development of such       
technology2 or  7,c7 that routinely     
utilizes light detection and ranging    
technology1 or routinely utilizes       
products or services that contain1 may  
contain1 incorporate1 or facilitate the 
production or development of such       
technology1 in their ordinary course of 

business4  7#b7 ,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 purposes1 without   
the intent to circumvent or otherwise   
abridge a material purpose of this ,act4
  7#c7 ,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
 ,act4  7c7 ,covered foreign adversary  
light detection and ranging technology  
7#a7 ,in general ,the term covered      
foreign adversary light detection and   
ranging technology shall refer to any   
sensor1 system1 hardware1 software1 or  
integrated component that uses light    
detection and ranging to collect1       
process1 or interpret environmental     
data1 including by means of a pulsed or 
modulated laser1 if such technology was 

developed1 distributed1 and manufactured
 by-- 7,a7 a foreign person that is     
domiciled in1 is headquartered in1 has  
its principal place of business in1 or  
is organized under the laws of a foreign
 adversary country2  7,b7 an entity with
 respect to which a foreign person or   
combination of foreign persons described
 in subparagraph 7,a7 directly or       
indirectly own at least a #be percent   
stake2 or  7,c7 a person subject to the 
direction or control of a foreign person
 or entity described in subparagraph    
7,a7 or 7,b74  7#b7 ,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 event4  7d7 ,critical       
infrastructure operator  7#a7 ,in       
general ,the term critical              
infrastructure operator shall refer to  
any operator1 or contractor acting on   

behalf of an operator1 of critical      
infrastructure as such term is          
interpreted by the ,secretary of        
,commerce pursuant to the public notice 
required under paragraph 7#b74  7#b7    
,public notice ,not less than annually1 
the ,secretary of ,commerce shall       
publish a document1 using the definition
 provided for under section #eaie;c7e7  
of title #db1 ,united ,states ,code1    
describing the sectors or1 as           
appropriate1 functions that are         
considered critical infrastructure for  
purposes of this ,act4  7#c7 ,minimum   
required sectors ,the annual document   
required under paragraph 7#b71 without  
prejudice to such other sectors or      
functions that the ,secretary of        
,commerce may designate1 shall in all   
cases include-- 7,a7 the operation or   
inspection of water1 wastewater1 power1 
or other electric utilities or related  
generation or transmission              
infrastructure2  7,b7 the use of digital
 technology1 data1 and connected systems

 to coordinate municipal or other       
similar functions1 including the        
operation of systems commonly known as  
smart city systems or systems to        
regulate traffic or other related       
functions2 or  7,c7 the operation or    
inspection of an airport1 seaport1      
railway1 or other transportation asset4 
7e7 ,foreign adversary country ,the term
 foreign adversary country means the    
,people's ,republic of ,china1 the      
,russian ,federation1 the ,islamic      
,republic of ,iran1 and the ,democratic 
,people's ,republic of ,korea4  #h4     
,reporting requirement ,not later than  
one year after the date of enactment of 
this ,act1 and annually thereafter1 the 
,secretary of ,commerce shall submit a  
report to ,congress1 which may contain a
 classified annex1 that describes-- 7#a7
 all regulatory or enforcement actions  
undertaken pursuant to the ,act2  7#b7  
any waivers granted under the ,act1     
including identifying information       
regarding the products and persons      

subject to such waivers2  7#c7 emerging 
national security threats related to    
light detection and ranging technology2 
and  7#d7 any efforts of the ,people's  
,republic of ,china1 or an entity based 
therein1 to circumvent or otherwise     
frustrate a material purpose of this    
,act4