Overview
Title
To prohibit the Secretary of Transportation from entering into, extending, or renewing a contract with or awarding a grant to an entity that uses or procures light detection and ranging technology from certain foreign entities, and for other purposes.
ELI5 AI
The bill wants to stop the U.S. government from buying or using special laser technology, called LiDAR, from countries like China and Russia because they might not be safe. If someone thinks using it is really important, they can ask for special permission, but this might take a long time to start happening.
Summary AI
H. R. 9565, known as the "Securing Infrastructure from Adversaries Act," aims to prevent the U.S. Secretary of Transportation from contracting or granting funds to entities that use or procure LiDAR technology from certain foreign entities, specifically from countries like China, Iran, North Korea, and Russia. It outlines that no LiDAR from these countries should be used in projects funded by the Department of Transportation and offers a waiver process if deemed in the national interest. The act includes specific definitions for what constitutes a covered LiDAR company and sets its enactment date for obligations or contracts on or after June 30, 2026.
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AnalysisAI
The proposed legislation, titled the "Securing Infrastructure from Adversaries Act," aims to protect U.S. infrastructure by restricting the U.S. Department of Transportation from engaging with or funding entities that utilize specific LiDAR technology originating from countries perceived as potential threats, namely China, Iran, North Korea, and Russia. The bill prohibits any contracts, procurements, or grants involving LiDAR technology from these "covered foreign countries," and establishes penalties for non-compliance in efforts to maintain national security. However, there is a waiver procedure available if actions are deemed necessary in the national interest.
General Summary
The bill primarily seeks to prevent the U.S. Department of Transportation from using LiDAR technology sourced from certain foreign entities by forbidding contracts and funding for those using such technology. LiDAR, used in various applications from navigation to environmental monitoring, represents a potential security risk if sourced from adversaries. This legislation seeks to block this risk by clearly defining "covered foreign countries" and "covered LiDAR companies." Moreover, it sets an effective date of June 30, 2026, by which all the stipulations should be fully enforced.
Summary of Significant Issues
One of the bill's principal challenges lies in its waiver process. The ability of the Secretary of Transportation to bypass the prohibition when it's said to be in the "national interest" is open to interpretation and may weaken the bill's effectiveness if not properly clarified and regulated. Additionally, the bill lacks a specific process for certifying compliance, potentially creating loopholes for the continued use of forbidden LiDAR technology.
The legislation's static definition of "covered foreign country" does not account for the evolving global political landscape, which could lead to blind spots in addressing security concerns as new threats emerge. Furthermore, the delayed effective date until mid-2026 gives ample time for business-as-usual contracts with the restricted LiDAR sources to continue, potentially contradicting the immediate security intentions of the legislation.
Potential Impact on the Public
For the general public, this bill could mean an improved sense of security, knowing that critical infrastructure is less reliant on technologies from countries that may pose a threat to national security. By restricting the use of certain foreign-sourced technology, the U.S. could bolster the protection of its infrastructure from espionage or sabotage.
Impact on Specific Stakeholders
For companies within the transportation and tech sectors, especially smaller entities and startups, the certification process and potential administrative burden could present challenges. The lack of support or resources for compliance might result in additional costs or discourage engagement with the Department of Transportation. Moreover, companies currently utilizing covered LiDAR technology will need to transition to alternative solutions, which could involve significant investment.
On the positive side, domestic LiDAR producers and those not affected by these restrictions could see an increase in demand for their products and services, potentially fostering innovation and growth in the American LiDAR technology industry.
In conclusion, while the proposed legislation has noble intentions to protect national security, its implementation could face hurdles related to enforcement clarity and administrative burdens. Stakeholders will need to navigate these challenges to align with the new regulatory landscape foreseen by the bill.
Issues
Section 2: The waiver process described in section (a)(2) could potentially be used to circumvent the prohibition on procurement of LiDAR from covered foreign companies without proper oversight. This could undermine the bill's goals and allow entities to bypass the prohibition if 'national interest' is not clearly defined.
Section 2: There is no specific process outlined for certifying compliance with the prohibition on the use of LiDAR from covered LiDAR companies. This lack of detail could lead to implementation challenges and create loopholes for non-compliance.
Section 2: The effective date of this legislation is June 30, 2026. This delay allows for a significant period where current procurement and contracts with covered LiDAR companies can continue, potentially exposing national infrastructure to risks.
Section 2: The definition of 'covered foreign country' in section (d)(1) is static, which may not account for future geopolitical changes that introduce new risks. This could limit flexibility in responding to emerging threats.
Section 2: The bill lacks guidelines for how loan or grant funds will be monitored to ensure compliance with the prohibition on using covered LiDAR technology as stated in section (b). This omission could allow funds to be misused without accountability measures.
Section 2: The obligations on entities to certify the non-use of covered LiDAR technology might introduce administrative burdens without providing support or resources to assist compliance. This could deter participation or add costs to entities engaging with the Department of Transportation.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this bill provides its official name, which is the “Securing Infrastructure from Adversaries Act.”
2. Prohibition on operation, procurement, and contracting related to foreign-made LiDAR technology Read Opens in new tab
Summary AI
The section prevents the U.S. Department of Transportation from buying or using LiDAR technology made by certain foreign companies, like those from China, Iran, North Korea, and Russia. It also bans using loans or grants for those LiDAR systems and sets rules for contracts and funds used after June 30, 2026, with some exceptions for activities needed for the national interest.