,,ii #aaith ,,congress #b;d ,session ,s4 #degj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ai1 #bjbf,mrs4 ,shaheen 7for herself and ,mr4 ,ricketts7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to incentivize1 streamline1 and sustain ,united ,states foreign government partner procurement of ,united ,states-origin cyber and digital technologies4 #a4 ,short title ,this ,act may be cited as the ,u4,s4 ,technology ,procurement and ,access to ,trusted ,hardware ,act or the ,u4,s4 ,tech ,,path ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations in the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs in the ,house of ,representatives4 7#b7 ,foreign country of concern ,the term foreign country of concern has the meaning given the term covered nation in section #dhgb7;f7 of title #aj1 ,united ,states ,code4 7#c7 ,foreign government partner ,the term foreign government partner includes international organizations4 7#d7 ,international organizations ,the term international organizations has the meaning given the term in section #a of the ,international ,organizations ,immunities ,act 7#bb ,u4,s4,c4 #bhh74 7#e7 ,trusted cyber and digital technologies ,the term trusted cyber and digital technologies means technologies1 including equipment1 services1 hardware1 or software used in information and communications technology networks1 for which the ,secretary of ,state1 in coordination with the ,secretary of ,commerce1 has determined-- 7,a7 the provider1 supplier1 or manufacturer is not owned by1 controlled by1 or subject to the influence of a foreign country of concern2 and 7,b7 do not pose an unacceptable risk to the national security of the ,united ,states or the security and safety of ,united ,states persons4 7#f7 ,pax silica initiative ,the term ,pax ,silica initiative refers to the ,department of ,state-led diplomatic1 economic security1 and supply chain initiative1 announced on ,december #aa1 #bjbe1 to strengthen cooperation among the ,united ,states1 allied countries1 partner countries1 industry1 and other relevant stakeholders for the purpose of developing and securing trusted supply chains and infrastructure necessary for artificial intelligence1 semiconductors1 advanced manufacturing1 and other technologies determined by the ,secretary of ,state to be essential to ,united ,states national security1 economic security1 and technological competitiveness4 #c4 ,sense of ,congress 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 foreign government partners are increasingly turning towards strategic competitors like the ,people's ,republic of ,china to procure cyber and digital technologies due to their low-cost1 acceptable efficiency1 and associated training and maintenance2 7#b7 foreign government partner procurement of cyber and digital technologies from suppliers aligned with strategic competitors of the ,united ,states poses significant and distinct risks1 including-- 7,a7 supply chain vulnerabilities created by dependence on strategic competitors whose governments may compel access to data1 networks1 or systems1 undermining the cybersecurity and strategic autonomy of the procuring government2 7,b7 the erosion of interoperability and alignment with ,united ,states cybersecurity frameworks1 standards1 and best practices1 reducing the ability of foreign government partners to operate securely alongside ,united ,states systems and those of ,united ,states allies2 and 7,c7 the adoption of digital governance practices that are inconsistent with ,united ,states economic and national security interests2 7#c7 ,united ,states foreign government partners consistently signal strong demand for cyber and digital technologies from trusted ,united ,states suppliers2 7#d7 ,united ,states initiatives such as ,pax ,silica should facilitate technology procurements by building enduring technology partnerships between foreign government partners and ,united ,states suppliers1 including by-- 7,a7 assisting foreign government partners in navigating regulatory1 logistical1 and technical hurdles to cyber and digital technology procurement2 7,b7 providing foreign government partners with strategic direction from the ,united ,states ,government2 7,c7 incorporating foreign government partner needs into program development from the outset2 and 7,d7 maintaining long-term engagement with foreign government partners throughout the procurement cycle of trusted cyber and digital technologies2 and 7#e7 as the ,united ,states seeks to maintain its global competitive edge in critical and emerging technologies1 including artificial intelligence1 advanced telecommunications1 and robotics1 it is in the interest of the ,united ,states ,government to establish policies and procedures that streamline foreign government partners' ability to procure trusted and reliable technologies from the ,united ,states and ,united ,states allies and partners4 #d4 ,united ,states ,technology ,procurement ,program 7a7 ,establishment ,there is established in the ,department of ,state the ,united ,states ,cyber and ,digital ,technology ,procurement ,program 7referred to in this ,act as the ,program71 which shall be administered by the ,bureau for ,cyberspace and ,digital ,policy1 and which may support ,pax ,silica and other related initiatives4 ,to the maximum extent practicable1 the ,program shall seek to serve as a demand-driven mechanism in response to cyber and digital technology needs as determined by the participating foreign government partner4 7b7 ,purposes ,the purposes of the ,program shall include the following3 7#a7 ,to streamline foreign government partner procurement of trusted cyber and digital technologies1 including commercial off-the-shelf technologies1 consistent with ,united ,states export control laws and cybersecurity standards4 7#b7 ,to establish long-term cyber and digital technology procurement pipelines with ,united ,states providers1 including after the termination of the ,program4 7#c7 ,to identify the appropriate ,united ,states ,government financing mechanisms to address challenges associated with affordability4 7#d7 ,to provide a comprehensive package to foreign government partners that eases the navigation of cyber and digital technology procurement requirements1 technical and system complexity1 absorptive capacity1 and foreign government partner-specific logistical and export controls1 including by-- 7,a7 designing and implementing logistics1 procurement1 deployment1 and technical knowledge-transfer plans that enable the participating foreign government partner to modernize and secure systems2 7,b7 providing clear guidelines for ,united ,states and trusted foreign supplier entry and eligibility2 7,c7 conducting assessments related to the participating foreign government partner's workforce or technological needs1 including any gaps in absorptive capacity1 including-- 7i7 feasibility studies to identify1 design1 and implement the deployment of cyber and digital technology solutions2 and 7ii7 sustainability assessments to determine the participating foreign government partner's ability to procure and invest in trusted cyber and digital technologies1 including the ability to sustain such investments in the long-term2 7,d7 providing capacity building to ensure that the participating foreign government partner obtains the relevant skills for requirements identification and assessment1 integration of ,united ,states procurements into existing operating environments1 research and procurement1 logistics1 deployment1 and configuration to ensure a long-term arrangement with ,united ,states suppliers2 and 7,e7 assisting the participating foreign government partner in developing a long-term strategy to procure and budget for trusted cyber and digital technology procurements1 including beyond the end of the ,program's lifecycle4 7#e7 ,to assess the risks and tradeoffs of foreign government partners adopting cyber and digital technologies from foreign countries of concern and prioritize foreign government partners for outreach efforts based on that risk assessment4 7c7 ,covered cyber and digital technologies ,in implementing the ,program1 the ,secretary of ,state shall1 in coordination with the participating foreign government partner1 prioritize the following cyber and digital technologies1 as well as any other cyber and digital technologies designated by the ,secretary pursuant to subsection 7d73 7#a7 ,software and its associated subscriptions and licensing1 including-- 7,a7 operating systems2 7,b7 enterprise management software2 7,c7 cloud-based storage solutions and compute access2 7,d7 industrial control and automation software1 including ,supervisory ,control and ,data ,acquisition 7,,scada71 distributed control systems 7,,dcs71 and programmable logic controller 7,,plc7 programming environments2 7,e7 digital twin1 simulation1 and modeling software2 and 7,f7 cloud and edge orchestration platforms for robotic and operational technology 7,,ot7 device management4 7#b7 ,hardware1 including-- 7,a7 processors2 7,b7 human-machine interfaces 7,h,m,is7 and operator consoles2 7,c7 networking equipment1 including switches1 routers1 and gateways2 7,d7 industrial networking equipment2 7,e7 biotechnology equipment1 including genomic sequencers and related hardware2 and 7,f7 other related technologies4 7#c7 ,cybersecurity products1 including-- 7,a7 firewalls2 7,b7 intrusion detection and prevention systems2 7,c7 ,security ,information and ,event ,management 7,,siem7 systems2 7,d7 threat intelligence and monitoring systems2 7,e7 endpoint detection systems2 7,f7 ,security ,operations ,centers 7,,soc72 and 7,g7 secure authentication systems4 7#d7 ,telecommunications equipment1 including-- 7,a7 subsea fiber-optic cable and associated equipment2 7,b7 cellular equipment1 including open radio access network 7,,oran7 equipment2 and 7,c7 satellite-enabling infrastructure4 7#e7 ,equipment and related products to enable the adoption of artificial intelligence 7,,ai7 solutions1 including-- 7,a7 compute2 7,b7 storage2 7,c7 memory2 7,d7 models1 including both closed- and open-weight models2 7,e7 ,,ai model licenses2 7,f7 edge ,,ai capabilities1 including next-generation smartphone technology and relevant mobile operating systems2 and 7,g7 ,,ai model applications4 7d7 ,annual review of covered cyber and digital technologies ,the ,secretary of ,state shall conduct an annual assessment to identify the inclusion or removal of technologies under subsection 7c7 based on the national security risk to the ,united ,states of a foreign country of concern gaining significant market share of such technology within a foreign government partner country4 7e7 ,risk mitigation requirements ,before approving a partnership under the ,program1 the ,secretary shall-- 7#a7 conduct an assessment of technology misuse and diversion risks1 including-- 7,a7 the foreign government partner's export control enforcement capacity2 7,b7 the foreign government partner's history of technology transfer to foreign countries of concern1 including permitting remote access to technology2 and 7,c7 investments by foreign countries of concern in the foreign government partner's critical sectors2 7#b7 establish monitoring and mitigation requirements proportional to the risk assessed under paragraph 7#a72 7#c7 include end-use monitoring provisions in all ,program agreements2 and 7#d7 coordinate with the intelligence community and the ,department of ,defense regarding counterintelligence and national security risks4 7f7 ,foreign government partner contribution ,for any partnership with a foreign government partner under the ,program1 the ,secretary shall1 to the maximum extent practicable1 seek to ensure cost-sharing with the foreign government partner to facilitate the foreign government partner's long-term buy-in and sustained procurements of cyber and digital technologies4 7g7 ,additional interagency coordination ,in implementing the ,program1 to address challenges associated with affordability1 financing1 technical evaluations1 procurement requirements1 and long-term capacity building1 the ,secretary of ,state shall1 on a case-by-case basis1 coordinate1 as appropriate1 with the relevant ,federal agencies1 including the ,department of ,commerce1 the ,department of ,homeland ,security1 the ,export-,import ,bank of the ,united ,states1 the ,united ,states ,international ,development ,finance ,cooperation1 and the ,united ,states ,trade and ,development ,agency4 7h7 ,use of funds ,funds made available to carry out the ,program shall be used-- 7#a7 to provide assistance or financing-- 7,a7 to foreign government partner civilian government agencies2 or 7,b7 to law enforcement or military agencies1 only if such entities are the owners and operators of the foreign government partner's civilian critical infrastructure2 and 7#b7 to develop blended finance mechanisms1 co-developed with the participating foreign government partner1 that partners with fund managers1 project developers1 third-party investors1 infrastructure providers1 and other private partners to advance the objections outlined in subsection 7b74 7i7 ,partner disqualification 7#a7 ,prohibition on the use of funds ,no funds shall be made available under this ,act to-- 7,a7 a foreign country of concern2 or 7,b7 any country1 entity1 or person-- 7i7 upon which sanctions are imposed by the ,united ,states ,department of the ,treasury2 or 7ii7 that is an entity or person on the ,entity ,list maintained by the ,bureau of ,industry and ,security of the ,department of ,commerce and set forth in ,supplement ,no4 #d to part #gdd of title #ad1 ,code of ,federal ,regulations4 7#b7 ,vetting ,the ,secretary of ,state shall vet foreign government partners to determine whether there is credible information that such partner-- 7,a7 has committed serious human rights abuses or engaged in corruption1 as defined by section #a of ,executive ,order #achah 7#ej ,u4,s4,c4 #agja note2 relating to blocking the property of persons involved in serious human rights abuse or corruption71 or is determined to be ineligible for assistance pursuant to section #fbj,m of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcgh;d72 and 7,b7 uses or is likely to use technologies outlined in subsection 7c7 and supported by this ,act to engage in-- 7i7 violations of human rights2 7ii7 targeted or bulk surveillance in violation of rule of law principles or fundamental freedoms2 7iii7 the monitoring of journalists1 activists1 human rights defenders1 opposition parties1 or political dissidents2 7iv7 internet shutdowns or to limit or control elections or protests2 7v7 political censorship or the targeting and suppression of political speech or political opponents2 7vi7 denial of access to technology or services based on race1 ethnicity1 gender1 religion1 or other discriminatory factors2 and 7vii7 acts of transnational repression4 7#c7 ,disqualification ,any foreign government partner determined by the ,secretary of ,state to engage in the activities described in paragraph 7#b77;,b7 shall be ineligible for support or assistance under this ,act4 7j7 ,regional technology officers ,the ,secretary of ,state shall1 to the maximum extent practicable1 leverage the ,department of ,state's ,regional ,technology ,officer ,program1 pursuant to section #iejh of the ,department of ,state ,authorization ,act of #bjbb 7#bb ,u4,s4,c4 #ajcje71 to assist ,united ,states overseas missions in identifying foreign government partners to participate in the ,program4 7k7 ,foreign commercial officers ,as appropriate1 the ,secretary of ,state shall1 in coordination with the ,secretary of ,commerce1 seek to leverage the ,foreign ,commercial ,officer ,program to assist ,united ,states overseas missions in identifying foreign government partners to participate in the ,program4 7l7 ,congressional notification requirement ,not later than #ae days before amounts from the ,cyberspace1 ,digital ,connectivity1 and ,related ,technologies 7,,cdt7 ,fund are obligated for purposes of carrying out this section1 the ,secretary of ,state shall submit notification of such obligation to-- 7#a7 the ,committee on ,foreign ,relations in the ,senate2 7#b7 the ,committee on ,appropriations of the ,senate2 7#c7 the ,committee on ,foreign ,affairs in the ,house of ,representatives2 and 7#d7 the ,committee on ,appropriations of the ,house of ,representatives4 7m7 ,annual report ,not later than one year after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,state1 in coordination with the ,secretary of ,commerce1 shall submit to the appropriate congressional committees a report that includes-- 7#a7 a complete list of participating foreign government partners in the ,program2 7#b7 progress and results achieved in the previous calendar year2 7#c7 the overall amount of purchases or investments each foreign government partner has made since initial participation in the ,program2 7#d7 specific cyber and digital technologies provided to participating foreign government partners1 including-- 7,a7 the name of the provider company or companies2 7,b7 the total value of the procurements2 7,c7 description of the capability2 and 7,d7 how the procured capability addresses the original request submitted by the foreign government partner1 if applicable2 7#e7 next steps for each participating foreign government partner in their respective ,program pipeline2 7#f7 any challenges for a foreign government partner's participation in the ,program1 including how those challenges are being addressed2 and 7#g7 how risks related to technology transfer1 if applicable1 are being mitigated4 7n7 ,authorization of appropriations ,there is authorized to be appropriated #ejj1jjj1jjj for fiscal year #bjbf through fiscal year #bjca to the ,cyberspace1 ,digital ,connectivity1 and ,related ,technologies 7,,cdt7 ,fund under section #eib of the ,foreign ,assistance ,act for ,fiscal ,year #aifa 7#bb ,u4,s4,c4 #bcdi;cc-#a7 for purposes of carrying out this section4 7o7 ,sunset ,the ,program and its associated authorities established under this section shall terminate on the date that is eight years after the date of the enactment of this ,act4 #e4 ,office of ,united ,states ,technology ,procurement 7a7 ,designation of responsibility ,the ,secretary of ,state shall designate an existing office within the ,bureau for ,cyberspace and ,digital ,policy of the ,department of ,state1 or newly establish an ,office of ,united ,states ,technology ,procurement 7referred to in this ,act as the ,office71 which shall be responsible for administering the ,program4 7b7 ,personnel 7#a7 ,composition ,the ,office shall be comprised of a ,director1 a ,deputy ,director1 and such other staff as the ,secretary deems appropriate4 7#b7 ,staffing ,the ,office shall include personnel with expertise or experience in performing the following functions3 7,a7 ,grant design and management4 7,b7 ,program monitoring1 evaluation1 and learning4 7#c7 ,director ,the ,director of the ,office shall fulfill the following responsibilities3 7,a7 ,identify1 on an annual basis1 specific strategic priorities for the ,program consistent with ,united ,states national security priorities and objectives4 7,b7 ,in coordination with the other relevant officials1 select and approve all partnerships with foreign government partners under the ,program4 7,c7 ,conduct oversight1 monitoring1 and evaluation of the effectiveness of the ,program1 including long-term outcome assessments1 to ensure the ,program advances ,united ,states foreign policy and national security interests and to ensure monitoring1 evaluation1 and learning results directly inform future grant decisions4 7,d7 ,ensure1 to the maximum extent practicable1 that all ,program activities are carried out in coordination with other ,federal efforts to promote the ,united ,states technology stack overseas4 7,e7 ,compiling and submitting the list required by section #d7m74 7#d7 ,deputy ,director ,the ,deputy ,director of the ,office may have responsibility for policy and programming to assist the ,director1 particularly with respect to coordination with other ,united ,states departments and agencies4 7c7 ,special hiring authorities ,for the two years following the date of the enactment of this ,act for the purposes of supporting the ,director in carrying out the responsibilities of the ,office as defined in subsection 7b77#c71 the ,secretary of ,state may-- 7#a7 appoint up to #aj employees to positions without regard to the provisions of subchapter #a of chapter #cc of title #e1 ,united ,states ,code1 regarding appointments in the competitive service2 and 7#b7 fix the rates of basic pay of such employees without regard to chapter #ea and subchapter ,,iii of chapter #ec of such title regarding classification and ,general ,schedule pay rates1 provided that the rates for such positions do not exceed the annual rate of basic pay in effect for a position at level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 7d7 ,authorization of appropriations ,there is authorized to be appropriated #b1jjj1jjj for fiscal years #bjbf through #bjbh for the purposes of implementing the ,office4 #f4 ,expanding necessary technology and related expertise at ,united ,states overseas missions 7a7 ,sense of ,congress ,it is the sense of ,congress that1 for the ,united ,states ,government to successfully implement the ,program1 it is vital that the ,united ,states recruit and retain the necessary talent to facilitate such partnerships4 7b7 ,in general ,the ,secretary of ,state shall1 to the maximum extent possible1 take measures to ensure that ,united ,states overseas missions in countries that are participating in the ,program host at least one full-time personnel with demonstrated proficiency in matters related to cybersecurity1 technology1 and other related expertise to sufficiently carry out the ,program4 #g4 ,extending authorization of appropriations for the ,regional ,technology ,officer ,program ,subsection 7d7 of section #iejh of the ,department of ,state ,authorization ,act of #bjbb 7#bb ,u4,s4,c4 #ajcje7 is amended by striking #bjbg and inserting #bjcb4 #h4 ,preserving market-based competition for cyber and digital technologies 7a7 ,statement of policy ,it is the policy of the ,united ,states to support market-based mechanisms for the export and adoption of ,united ,states cyber and digital technologies abroad1 and to oppose state-directed or state-controlled economic models that risk to displace or crowd out private-sector competition in cyber and digital technology markets4 7b7 ,in general ,nothing in this ,act shall be construed to permit the ,secretary of ,state1 in coordination with other relevant ,federal agencies1 in carrying out the program outlined in section #d7;a7-- 7#a7 to unduly interfere with1 or seek to substitute for1 market-based competition among ,united ,states cyber and digital technology providers2 7#b7 to condition access to program support on the acceptance of commercial terms1 partnerships1 or business arrangements that ,united ,states cyber and digital technology providers would not voluntarily accept in an arm's length commercial transaction2 or 7#c7 to require foreign government partners to receive approval from the ,united ,states ,government for procurements from ,united ,states cyber and digital technology providers pursued outside the ,program1 except as otherwise required by any other regulations or ,federal law4 7c7 ,cyber and digital technology small business owners ,notwithstanding subsection 7a71 in carrying out the ,program1 the ,secretary of ,state may provide targeted assistance1 including capacity-building support and the facilitation of foreign government partner engagement1 to ,united ,states small businesses and companies that lack the global reach1 existing relationships1 or resources to compete independently in foreign government partner procurement markets1 provided that such assistance does not confer an unfair competitive advantage over other ,united ,states cyber and digital technology providers4 #i4 ,government ,accountability ,office report ,not later than one year after the date of the enactment of this ,act1 and not less frequently than every two years until the termination of the ,program's authorities1 the ,comptroller ,general of the ,united ,states shall conduct and submit to the appropriate congressional committees a review of the ,program4 ,the review shall include an assessment of the ,department of ,state's implementation of the ,program1 including-- 7#a7 the ,department of ,state's capacity to implement the ,program1 including personnel and budgetary resources2 7#b7 whether the ,department of ,state has established the necessary processes and procedures to successfully achieve the ,program objectives outlined in section #d2 7#c7 the ,department of ,state's ability to conduct appropriate monitoring and evaluation of ,program implementation2 7#d7 any technologies added or removed from the list under section #d7;c7 of covered cyber and digital technologies2 and 7#e7 any other elements deemed necessary by the ,comptroller ,general of the ,united ,states4