[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4570 Reported in Senate (RS)]
<DOC>
Calendar No. 510
119th CONGRESS
2d Session
S. 4570
To incentivize, streamline, and sustain United States foreign
government partner procurement of United States-origin cyber and
digital technologies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 19, 2026
Mrs. Shaheen (for herself and Mr. Ricketts) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
July 27, 2026
Reported by Mr. Risch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To incentivize, streamline, and sustain United States foreign
government partner procurement of United States-origin cyber and
digital technologies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``U.S. Technology Procurement
and Access to Trusted Hardware Act'' or the ``U.S. Tech PATH
Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations in
the Senate; and</DELETED>
<DELETED> (B) the Committee on Foreign Affairs in
the House of Representatives.</DELETED>
<DELETED> (2) Foreign country of concern.--The term
``foreign country of concern'' has the meaning given the term
``covered nation'' in section 4872(f) of title 10, United
States Code.</DELETED>
<DELETED> (3) Foreign government partner.--The term
``foreign government partner'' includes international
organizations.</DELETED>
<DELETED> (4) International organizations.--The term
``international organizations'' has the meaning given the term
in section 1 of the International Organizations Immunities Act
(22 U.S.C. 288).</DELETED>
<DELETED> (5) Trusted cyber and digital technologies.--The
term ``trusted cyber and digital technologies'' means
technologies, including equipment, services, hardware, or
software used in information and communications technology
networks, for which the Secretary of State, in coordination
with the Secretary of Commerce, has determined--</DELETED>
<DELETED> (A) the provider, supplier, or
manufacturer is not owned by, controlled by, or subject
to the influence of a foreign country of concern;
and</DELETED>
<DELETED> (B) do not pose an unacceptable risk to
the national security of the United States or the
security and safety of United States persons.</DELETED>
<DELETED> (6) Pax silica initiative.--The term ``Pax Silica
initiative'' refers to the Department of State-led diplomatic,
economic security, and supply chain initiative, announced on
December 11, 2025, to strengthen cooperation among the United
States, allied countries, partner countries, industry, and
other relevant stakeholders for the purpose of developing and
securing trusted supply chains and infrastructure necessary for
artificial intelligence, semiconductors, advanced
manufacturing, and other technologies determined by the
Secretary of State to be essential to United States national
security, economic security, and technological
competitiveness.</DELETED>
<DELETED>SEC. 3. SENSE OF CONGRESS.</DELETED>
<DELETED> (a) Sense of Congress.--It is the sense of Congress that--
</DELETED>
<DELETED> (1) 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-cost, acceptable efficiency, and associated
training and maintenance;</DELETED>
<DELETED> (2) foreign government partner procurement of
cyber and digital technologies from suppliers aligned with
strategic competitors of the United States poses significant
and distinct risks, including--</DELETED>
<DELETED> (A) supply chain vulnerabilities created
by dependence on strategic competitors whose
governments may compel access to data, networks, or
systems, undermining the cybersecurity and strategic
autonomy of the procuring government;</DELETED>
<DELETED> (B) the erosion of interoperability and
alignment with United States cybersecurity frameworks,
standards, and best practices, reducing the ability of
foreign government partners to operate securely
alongside United States systems and those of United
States allies; and</DELETED>
<DELETED> (C) the adoption of digital governance
practices that are inconsistent with United States
economic and national security interests;</DELETED>
<DELETED> (3) United States foreign government partners
consistently signal strong demand for cyber and digital
technologies from trusted United States suppliers;</DELETED>
<DELETED> (4) United States initiatives such as Pax Silica
should facilitate technology procurements by building enduring
technology partnerships between foreign government partners and
United States suppliers, including by--</DELETED>
<DELETED> (A) assisting foreign government partners
in navigating regulatory, logistical, and technical
hurdles to cyber and digital technology
procurement;</DELETED>
<DELETED> (B) providing foreign government partners
with strategic direction from the United States
Government;</DELETED>
<DELETED> (C) incorporating foreign government
partner needs into program development from the outset;
and</DELETED>
<DELETED> (D) maintaining long-term engagement with
foreign government partners throughout the procurement
cycle of trusted cyber and digital technologies;
and</DELETED>
<DELETED> (5) as the United States seeks to maintain its
global competitive edge in critical and emerging technologies,
including artificial intelligence, advanced telecommunications,
and robotics, 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 partners.</DELETED>
<DELETED>SEC. 4. UNITED STATES TECHNOLOGY PROCUREMENT
PROGRAM.</DELETED>
<DELETED> (a) Establishment.--There is established in the Department
of State the United States Cyber and Digital Technology Procurement
Program (referred to in this Act as the ``Program''), which shall be
administered by the Bureau for Cyberspace and Digital Policy, and which
may support Pax Silica and other related initiatives. To the maximum
extent practicable, 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 partner.</DELETED>
<DELETED> (b) Purposes.--The purposes of the Program shall include
the following:</DELETED>
<DELETED> (1) To streamline foreign government partner
procurement of trusted cyber and digital technologies,
including commercial off-the-shelf technologies, consistent
with United States export control laws and cybersecurity
standards.</DELETED>
<DELETED> (2) To establish long-term cyber and digital
technology procurement pipelines with United States providers,
including after the termination of the Program.</DELETED>
<DELETED> (3) To identify the appropriate United States
Government financing mechanisms to address challenges
associated with affordability.</DELETED>
<DELETED> (4) To provide a comprehensive package to foreign
government partners that eases the navigation of cyber and
digital technology procurement requirements, technical and
system complexity, absorptive capacity, and foreign government
partner-specific logistical and export controls, including by--
</DELETED>
<DELETED> (A) designing and implementing logistics,
procurement, deployment, and technical knowledge-
transfer plans that enable the participating foreign
government partner to modernize and secure
systems;</DELETED>
<DELETED> (B) providing clear guidelines for United
States and trusted foreign supplier entry and
eligibility;</DELETED>
<DELETED> (C) conducting assessments related to the
participating foreign government partner's workforce or
technological needs, including any gaps in absorptive
capacity, including--</DELETED>
<DELETED> (i) feasibility studies to
identify, design, and implement the deployment
of cyber and digital technology solutions;
and</DELETED>
<DELETED> (ii) sustainability assessments to
determine the participating foreign government
partner's ability to procure and invest in
trusted cyber and digital technologies,
including the ability to sustain such
investments in the long-term;</DELETED>
<DELETED> (D) providing capacity building to ensure
that the participating foreign government partner
obtains the relevant skills for requirements
identification and assessment, integration of United
States procurements into existing operating
environments, research and procurement, logistics,
deployment, and configuration to ensure a long-term
arrangement with United States suppliers; and</DELETED>
<DELETED> (E) assisting the participating foreign
government partner in developing a long-term strategy
to procure and budget for trusted cyber and digital
technology procurements, including beyond the end of
the Program's lifecycle.</DELETED>
<DELETED> (5) 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
assessment.</DELETED>
<DELETED> (c) Covered Cyber and Digital Technologies.--In
implementing the Program, the Secretary of State shall, in coordination
with the participating foreign government partner, prioritize the
following cyber and digital technologies, as well as any other cyber
and digital technologies designated by the Secretary pursuant to
subsection (d):</DELETED>
<DELETED> (1) Software and its associated subscriptions and
licensing, including--</DELETED>
<DELETED> (A) operating systems;</DELETED>
<DELETED> (B) enterprise management
software;</DELETED>
<DELETED> (C) cloud-based storage solutions and
compute access;</DELETED>
<DELETED> (D) industrial control and automation
software, including Supervisory Control and Data
Acquisition (SCADA), distributed control systems (DCS),
and programmable logic controller (PLC) programming
environments;</DELETED>
<DELETED> (E) digital twin, simulation, and modeling
software; and</DELETED>
<DELETED> (F) cloud and edge orchestration platforms
for robotic and operational technology (OT) device
management.</DELETED>
<DELETED> (2) Hardware, including--</DELETED>
<DELETED> (A) processors;</DELETED>
<DELETED> (B) human-machine interfaces (HMIs) and
operator consoles;</DELETED>
<DELETED> (C) networking equipment, including
switches, routers, and gateways;</DELETED>
<DELETED> (D) industrial networking
equipment;</DELETED>
<DELETED> (E) biotechnology equipment, including
genomic sequencers and related hardware; and</DELETED>
<DELETED> (F) other related technologies.</DELETED>
<DELETED> (3) Cybersecurity products, including--</DELETED>
<DELETED> (A) firewalls;</DELETED>
<DELETED> (B) intrusion detection and prevention
systems;</DELETED>
<DELETED> (C) Security Information and Event
Management (SIEM) systems;</DELETED>
<DELETED> (D) threat intelligence and monitoring
systems;</DELETED>
<DELETED> (E) endpoint detection systems;</DELETED>
<DELETED> (F) Security Operations Centers (SOC);
and</DELETED>
<DELETED> (G) secure authentication
systems.</DELETED>
<DELETED> (4) Telecommunications equipment, including--
</DELETED>
<DELETED> (A) subsea fiber-optic cable and
associated equipment;</DELETED>
<DELETED> (B) cellular equipment, including open
radio access network (ORAN) equipment; and</DELETED>
<DELETED> (C) satellite-enabling
infrastructure.</DELETED>
<DELETED> (5) Equipment and related products to enable the
adoption of artificial intelligence (AI) solutions, including--
</DELETED>
<DELETED> (A) compute;</DELETED>
<DELETED> (B) storage;</DELETED>
<DELETED> (C) memory;</DELETED>
<DELETED> (D) models, including both closed- and
open-weight models;</DELETED>
<DELETED> (E) AI model licenses;</DELETED>
<DELETED> (F) edge AI capabilities, including next-
generation smartphone technology and relevant mobile
operating systems; and</DELETED>
<DELETED> (G) AI model applications.</DELETED>
<DELETED> (d) 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 (c) 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 country.</DELETED>
<DELETED> (e) Risk Mitigation Requirements.--Before approving a
partnership under the Program, the Secretary shall--</DELETED>
<DELETED> (1) conduct an assessment of technology misuse and
diversion risks, including--</DELETED>
<DELETED> (A) the foreign government partner's
export control enforcement capacity;</DELETED>
<DELETED> (B) the foreign government partner's
history of technology transfer to foreign countries of
concern, including permitting remote access to
technology; and</DELETED>
<DELETED> (C) investments by foreign countries of
concern in the foreign government partner's critical
sectors;</DELETED>
<DELETED> (2) establish monitoring and mitigation
requirements proportional to the risk assessed under paragraph
(1);</DELETED>
<DELETED> (3) include end-use monitoring provisions in all
Program agreements; and</DELETED>
<DELETED> (4) coordinate with the intelligence community and
the Department of Defense regarding counterintelligence and
national security risks.</DELETED>
<DELETED> (f) Foreign Government Partner Contribution.--For any
partnership with a foreign government partner under the Program, the
Secretary shall, to the maximum extent practicable, 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 technologies.</DELETED>
<DELETED> (g) Additional Interagency Coordination.--In implementing
the Program, to address challenges associated with affordability,
financing, technical evaluations, procurement requirements, and long-
term capacity building, the Secretary of State shall, on a case-by-case
basis, coordinate, as appropriate, with the relevant Federal agencies,
including the Department of Commerce, the Department of Homeland
Security, the Export-Import Bank of the United States, the United
States International Development Finance Cooperation, and the United
States Trade and Development Agency.</DELETED>
<DELETED> (h) Use of Funds.--Funds made available to carry out the
Program shall be used--</DELETED>
<DELETED> (1) to provide assistance or financing--</DELETED>
<DELETED> (A) to foreign government partner civilian
government agencies; or</DELETED>
<DELETED> (B) to law enforcement or military
agencies, only if such entities are the owners and
operators of the foreign government partner's civilian
critical infrastructure; and</DELETED>
<DELETED> (2) to develop blended finance mechanisms, co-
developed with the participating foreign government partner,
that partners with fund managers, project developers, third-
party investors, infrastructure providers, and other private
partners to advance the objections outlined in subsection
(b).</DELETED>
<DELETED> (i) Partner Disqualification.--</DELETED>
<DELETED> (1) Prohibition on the use of funds.--No funds
shall be made available under this Act to--</DELETED>
<DELETED> (A) a foreign country of concern;
or</DELETED>
<DELETED> (B) any country, entity, or person--
</DELETED>
<DELETED> (i) upon which sanctions are
imposed by the United States Department of the
Treasury; or</DELETED>
<DELETED> (ii) 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 No. 4 to
part 744 of title 14, Code of Federal
Regulations.</DELETED>
<DELETED> (2) Vetting.--The Secretary of State shall vet
foreign government partners to determine whether there is
credible information that such partner--</DELETED>
<DELETED> (A) has committed serious human rights
abuses or engaged in corruption, as defined by section
1 of Executive Order 13818 (50 U.S.C. 1701 note;
relating to blocking the property of persons involved
in serious human rights abuse or corruption), or is
determined to be ineligible for assistance pursuant to
section 620M of the Foreign Assistance Act of 1961 (22
U.S.C. 2378d); and</DELETED>
<DELETED> (B) uses or is likely to use technologies
outlined in subsection (c) and supported by this Act to
engage in--</DELETED>
<DELETED> (i) violations of human
rights;</DELETED>
<DELETED> (ii) targeted or bulk surveillance
in violation of rule of law principles or
fundamental freedoms;</DELETED>
<DELETED> (iii) the monitoring of
journalists, activists, human rights defenders,
opposition parties, or political
dissidents;</DELETED>
<DELETED> (iv) internet shutdowns or to
limit or control elections or
protests;</DELETED>
<DELETED> (v) political censorship or the
targeting and suppression of political speech
or political opponents;</DELETED>
<DELETED> (vi) denial of access to
technology or services based on race,
ethnicity, gender, religion, or other
discriminatory factors; and</DELETED>
<DELETED> (vii) acts of transnational
repression.</DELETED>
<DELETED> (3) Disqualification.--Any foreign government
partner determined by the Secretary of State to engage in the
activities described in paragraph (2)(B) shall be ineligible
for support or assistance under this Act.</DELETED>
<DELETED> (j) Regional Technology Officers.--The Secretary of State
shall, to the maximum extent practicable, leverage the Department of
State's Regional Technology Officer Program, pursuant to section 9508
of the Department of State Authorization Act of 2022 (22 U.S.C. 10305),
to assist United States overseas missions in identifying foreign
government partners to participate in the Program.</DELETED>
<DELETED> (k) Foreign Commercial Officers.--As appropriate, the
Secretary of State shall, in coordination with the Secretary of
Commerce, seek to leverage the Foreign Commercial Officer Program to
assist United States overseas missions in identifying foreign
government partners to participate in the Program.</DELETED>
<DELETED> (l) Congressional Notification Requirement.--Not later
than 15 days before amounts from the Cyberspace, Digital Connectivity,
and Related Technologies (CDT) Fund are obligated for purposes of
carrying out this section, the Secretary of State shall submit
notification of such obligation to--</DELETED>
<DELETED> (1) the Committee on Foreign Relations in the
Senate;</DELETED>
<DELETED> (2) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (3) the Committee on Foreign Affairs in the House
of Representatives; and</DELETED>
<DELETED> (4) the Committee on Appropriations of the House
of Representatives.</DELETED>
<DELETED> (m) Annual Report.--Not later than one year after the date
of the enactment of this Act and annually thereafter, the Secretary of
State, in coordination with the Secretary of Commerce, shall submit to
the appropriate congressional committees a report that includes--
</DELETED>
<DELETED> (1) a complete list of participating foreign
government partners in the Program;</DELETED>
<DELETED> (2) progress and results achieved in the previous
calendar year;</DELETED>
<DELETED> (3) the overall amount of purchases or investments
each foreign government partner has made since initial
participation in the Program;</DELETED>
<DELETED> (4) specific cyber and digital technologies
provided to participating foreign government partners,
including--</DELETED>
<DELETED> (A) the name of the provider company or
companies;</DELETED>
<DELETED> (B) the total value of the
procurements;</DELETED>
<DELETED> (C) description of the capability;
and</DELETED>
<DELETED> (D) how the procured capability addresses
the original request submitted by the foreign
government partner, if applicable;</DELETED>
<DELETED> (5) next steps for each participating foreign
government partner in their respective Program
pipeline;</DELETED>
<DELETED> (6) any challenges for a foreign government
partner's participation in the Program, including how those
challenges are being addressed; and</DELETED>
<DELETED> (7) how risks related to technology transfer, if
applicable, are being mitigated.</DELETED>
<DELETED> (n) Authorization of Appropriations.--There is authorized
to be appropriated $500,000,000 for fiscal year 2026 through fiscal
year 2031 to the Cyberspace, Digital Connectivity, and Related
Technologies (CDT) Fund under section 592 of the Foreign Assistance Act
for Fiscal Year 1961 (22 U.S.C. 2349cc-1) for purposes of carrying out
this section.</DELETED>
<DELETED> (o) 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 Act.</DELETED>
<DELETED>SEC. 5. OFFICE OF UNITED STATES TECHNOLOGY
PROCUREMENT.</DELETED>
<DELETED> (a) Designation of Responsibility.--The Secretary of State
shall designate an existing office within the Bureau for Cyberspace and
Digital Policy of the Department of State, or newly establish an Office
of United States Technology Procurement (referred to in this Act as the
``Office''), which shall be responsible for administering the
Program.</DELETED>
<DELETED> (b) Personnel.--</DELETED>
<DELETED> (1) Composition.--The Office shall be comprised of
a Director, a Deputy Director, and such other staff as the
Secretary deems appropriate.</DELETED>
<DELETED> (2) Staffing.--The Office shall include personnel
with expertise or experience in performing the following
functions:</DELETED>
<DELETED> (A) Grant design and management.</DELETED>
<DELETED> (B) Program monitoring, evaluation, and
learning.</DELETED>
<DELETED> (3) Director.--The Director of the Office shall
fulfill the following responsibilities:</DELETED>
<DELETED> (A) Identify, on an annual basis, specific
strategic priorities for the Program consistent with
United States national security priorities and
objectives.</DELETED>
<DELETED> (B) In coordination with the other
relevant officials, select and approve all partnerships
with foreign government partners under the
Program.</DELETED>
<DELETED> (C) Conduct oversight, monitoring, and
evaluation of the effectiveness of the Program,
including long-term outcome assessments, to ensure the
Program advances United States foreign policy and
national security interests and to ensure monitoring,
evaluation, and learning results directly inform future
grant decisions.</DELETED>
<DELETED> (D) Ensure, to the maximum extent
practicable, that all Program activities are carried
out in coordination with other Federal efforts to
promote the United States technology stack
overseas.</DELETED>
<DELETED> (E) Compiling and submitting the list
required by section 4(m).</DELETED>
<DELETED> (4) Deputy director.--The Deputy Director of the
Office may have responsibility for policy and programming to
assist the Director, particularly with respect to coordination
with other United States departments and agencies.</DELETED>
<DELETED> (c) 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 (b)(3), the Secretary of State may--
</DELETED>
<DELETED> (1) appoint up to 10 employees to positions
without regard to the provisions of subchapter 1 of chapter 33
of title 5, United States Code, regarding appointments in the
competitive service; and</DELETED>
<DELETED> (2) fix the rates of basic pay of such employees
without regard to chapter 51 and subchapter III of chapter 53
of such title regarding classification and General Schedule pay
rates, 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 5315 of title 5,
United States Code.</DELETED>
<DELETED> (d) Authorization of Appropriations.--There is authorized
to be appropriated $2,000,000 for fiscal years 2026 through 2028 for
the purposes of implementing the Office.</DELETED>
<DELETED>SEC. 6. EXPANDING NECESSARY TECHNOLOGY AND RELATED EXPERTISE
AT UNITED STATES OVERSEAS MISSIONS.</DELETED>
<DELETED> (a) Sense of Congress.--It is the sense of Congress that,
for the United States Government to successfully implement the Program,
it is vital that the United States recruit and retain the necessary
talent to facilitate such partnerships.</DELETED>
<DELETED> (b) In General.--The Secretary of State shall, to the
maximum extent possible, 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 cybersecurity, technology, and other related
expertise to sufficiently carry out the Program.</DELETED>
<DELETED>SEC. 7. EXTENDING AUTHORIZATION OF APPROPRIATIONS FOR THE
REGIONAL TECHNOLOGY OFFICER PROGRAM.</DELETED>
<DELETED> Subsection (d) of section 9508 of the Department of State
Authorization Act of 2022 (22 U.S.C. 10305) is amended by striking
``2027'' and inserting ``2032''.</DELETED>
<DELETED>SEC. 8. PRESERVING MARKET-BASED COMPETITION FOR CYBER AND
DIGITAL TECHNOLOGIES.</DELETED>
<DELETED> (a) 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 abroad, 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 markets.</DELETED>
<DELETED> (b) In General.--Nothing in this Act shall be construed to
permit the Secretary of State, in coordination with other relevant
Federal agencies, in carrying out the program outlined in section
4(a)--</DELETED>
<DELETED> (1) to unduly interfere with, or seek to
substitute for, market-based competition among United States
cyber and digital technology providers;</DELETED>
<DELETED> (2) to condition access to program support on the
acceptance of commercial terms, partnerships, or business
arrangements that United States cyber and digital technology
providers would not voluntarily accept in an arm's length
commercial transaction; or</DELETED>
<DELETED> (3) 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 Program, except as otherwise
required by any other regulations or Federal law.</DELETED>
<DELETED> (c) Cyber and Digital Technology Small Business Owners.--
Notwithstanding subsection (a), in carrying out the Program, the
Secretary of State may provide targeted assistance, including capacity-
building support and the facilitation of foreign government partner
engagement, to United States small businesses and companies that lack
the global reach, existing relationships, or resources to compete
independently in foreign government partner procurement markets,
provided that such assistance does not confer an unfair competitive
advantage over other United States cyber and digital technology
providers.</DELETED>
<DELETED>SEC. 9. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.</DELETED>
<DELETED> Not later than one year after the date of the enactment of
this Act, and not less frequently than every two years until the
termination of the Program's authorities, the Comptroller General of
the United States shall conduct and submit to the appropriate
congressional committees a review of the Program. The review shall
include an assessment of the Department of State's implementation of
the Program, including--</DELETED>
<DELETED> (1) the Department of State's capacity to
implement the Program, including personnel and budgetary
resources;</DELETED>
<DELETED> (2) whether the Department of State has
established the necessary processes and procedures to
successfully achieve the Program objectives outlined in section
4;</DELETED>
<DELETED> (3) the Department of State's ability to conduct
appropriate monitoring and evaluation of Program
implementation;</DELETED>
<DELETED> (4) any technologies added or removed from the
list under section 4(c) of covered cyber and digital
technologies; and</DELETED>
<DELETED> (5) any other elements deemed necessary by the
Comptroller General of the United States.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``U.S. Technology Procurement and
Access to Trusted Hardware Act'' or the ``U.S. Tech PATH Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Commerce, Science, and Transportation of
the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Energy and Commerce of the House of
Representatives.
(2) Foreign country of concern.--The term ``foreign country
of concern'' has the meaning given the term ``covered nation''
in section 4872(f) of title 10, United States Code.
(3) Foreign government partner.--The term ``foreign
government partner'' includes international organizations.
(4) International organizations.--The term ``international
organizations'' has the meaning given the term in section 1 of
the International Organizations Immunities Act (22 U.S.C. 288).
(5) Trusted cyber and digital technologies.--The term
``trusted cyber and digital technologies'' means technologies,
including equipment, services, hardware, or software used in
information and communications technology networks, for which
the Secretary of State, in coordination with the Secretary of
Commerce, has determined--
(A) the provider, supplier, or manufacturer is not
owned by, controlled by, or subject to the influence of
a foreign country of concern; and
(B) do not pose an unacceptable risk to the
national security of the United States or the security
and safety of United States persons.
(6) Pax silica initiative.--The term ``Pax Silica
initiative'' refers to the Department of State-led diplomatic,
economic security, and supply chain initiative, announced on
December 11, 2025, to strengthen cooperation among the United
States, allied countries, partner countries, industry, and
other relevant stakeholders for the purpose of developing and
securing trusted supply chains and infrastructure necessary for
artificial intelligence, semiconductors, advanced
manufacturing, and other technologies determined by the
Secretary of State to be essential to United States national
security, economic security, and technological competitiveness.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) 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-cost, acceptable efficacy, ease and speed of acquisition,
and support for associated training and maintenance;
(2) foreign government partner procurement of cyber and
digital technologies from suppliers aligned with strategic
competitors of the United States poses significant and distinct
risks, including--
(A) supply chain vulnerabilities created by
dependence on strategic competitors whose governments
may compel access to data, networks, or systems,
undermining the cybersecurity and strategic autonomy of
the procuring government;
(B) the erosion of interoperability and alignment
with United States cybersecurity frameworks, standards,
and best practices, reducing the ability of foreign
government partners to operate securely alongside
United States systems and those of United States
allies; and
(C) the adoption of digital governance practices
that are inconsistent with United States economic and
national security interests;
(3) United States foreign government partners consistently
signal strong demand for trusted cyber and digital technologies
from United States suppliers;
(4) United States initiatives such as Pax Silica should
facilitate technology procurements by building enduring
technology partnerships between foreign government partners and
United States suppliers, including by--
(A) assisting foreign government partners in
navigating regulatory, logistical, and technical
hurdles to trusted cyber and digital technology
procurement;
(B) providing foreign government partners with
strategic direction from the United States Government;
(C) incorporating foreign government partner needs
into program development from the outset; and
(D) maintaining long-term engagement with foreign
government partners throughout the procurement cycle of
trusted cyber and digital technologies; and
(5) as the United States seeks to maintain its global
competitive edge in critical and emerging technologies,
including advanced cybersecurity, artificial intelligence,
advanced telecommunications, and robotics, 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 partners.
SEC. 4. UNITED STATES TECHNOLOGY PROCUREMENT PROGRAM.
(a) Establishment.--There is established in the Department of State
the United States Cyber and Digital Technology Procurement Program
(referred to in this Act as the ``Program''), which shall be
administered by the Bureau for Cyberspace and Digital Policy, and which
may support Pax Silica and other related initiatives. To the maximum
extent practicable, 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 partner.
(b) Purposes.--The purposes of the Program shall include the
following:
(1) To streamline foreign government partner procurement of
trusted cyber and digital technologies, including commercial
off-the-shelf technologies, consistent with United States
export control laws, including cybersecurity standards
appropriate to relevant policy goals of the United States.
(2) To establish long-term cyber and digital technology
procurement pipelines with United States providers, including
after the termination of the Program.
(3) To identify the appropriate United States Government
financing mechanisms to address challenges associated with
affordability of trusted cyber and digital technologies.
(4) To provide a comprehensive package to foreign
government partners, with the support of and in coordination
with United States industry technical experts, as appropriate,
to navigate trusted cyber and digital technology procurement
requirements, to understand technical and system complexity, to
assess absorptive capacity, and to identify foreign government
partner-specific logistical and export control challenges,
including by--
(A) designing and implementing procurement,
deployment, and technical knowledge transfer that
enable the participating foreign government partner to
modernize and secure systems;
(B) providing clear guidelines for United States
and trusted foreign supplier entry and eligibility;
(C) conducting assessments related to the
participating foreign government partner's workforce or
technological requirements, including any gaps in
absorptive capacity, including--
(i) feasibility studies to identify,
design, and implement the deployment of trusted
cyber and digital technology solutions; and
(ii) sustainability assessments to
determine the participating foreign government
partner's ability to procure and invest in
trusted cyber and digital technologies,
including the ability to sustain such
investments in the long-term;
(D) providing capacity building to ensure that the
participating foreign government partner obtains the
relevant skills for requirements identification and
assessment, integration of United States procurements
into existing operating environments, research and
procurement, logistics, deployment, and configuration
to ensure a long-term arrangement with United States
suppliers; and
(E) assisting the participating foreign government
partner in developing a long-term strategy to procure
and budget for trusted cyber and digital technology
procurements, including beyond the end of the Program's
lifecycle.
(5) 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 assessment.
(c) Covered Cyber and Digital Technologies.--In implementing the
Program, the Secretary of State shall, in coordination with the
participating foreign government partner and United States industry
technical experts, as appropriate, prioritize the following trusted
cyber and digital technologies, as well as any other trusted cyber and
digital technologies designated by the Secretary pursuant to subsection
(d):
(1) Software and its associated subscriptions and
licensing, including--
(A) operating systems;
(B) enterprise management software;
(C) cloud-based storage solutions and compute
access;
(D) industrial control and automation software,
including Supervisory Control and Data Acquisition
(SCADA), distributed control systems (DCS), and
programmable logic controller (PLC) programming
environments;
(E) digital twin, simulation, and modeling
software; and
(F) cloud and edge orchestration platforms for
robotic and operational technology (OT) device
management.
(2) Hardware, including--
(A) processors;
(B) human-machine interfaces (HMIs) and operator
consoles;
(C) networking equipment, including switches,
routers, and gateways;
(D) industrial networking equipment;
(E) biotechnology equipment, including genomic
sequencers and related hardware; and
(F) other related technologies.
(3) Cybersecurity products, including--
(A) firewalls;
(B) intrusion detection and prevention systems;
(C) Security Information and Event Management
(SIEM) systems;
(D) threat intelligence and monitoring systems;
(E) endpoint detection systems;
(F) Security Operations Centers (SOC);
(G) secure authentication systems; and
(H) cybersecurity training and consulting services.
(4) Telecommunications equipment, including--
(A) subsea fiber-optic cable and associated
equipment;
(B) cellular equipment, including open radio access
network (ORAN) equipment;
(C) satellite-enabling infrastructure; and
(D) broadband infrastructure, including fiber optic
network equipment.
(5) Equipment and related products to enable the adoption
of artificial intelligence (AI) solutions, including--
(A) compute;
(B) storage;
(C) memory;
(D) models, including both closed- and open-weight
models;
(E) AI model licenses;
(F) edge AI capabilities, including next-generation
smartphone technology and relevant mobile operating
systems; and
(G) AI model applications.
(d) 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 (c) 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 country.
(e) Risk Mitigation Requirements.--The Secretary shall--
(1) before approving a partnership under the Program--
(A) conduct, and submit to the appropriate
congressional committees, an initial assessment of
cyber and digital technology misuse and diversion
risks, including--
(i) the foreign government partner's export
control enforcement capacity;
(ii) the foreign government partner's
history of technology transfer to foreign
countries of concern, including permitting
remote access to technology; and
(iii) investments by foreign countries of
concern in the foreign government partner's
critical sectors;
(B) establish monitoring and mitigation
requirements proportional to the risk assessed under
paragraph (1);
(C) include end-use monitoring provisions in all
Program agreements; and
(D) coordinate with the intelligence community and
the Department of Defense regarding counterintelligence
and national security risks; and
(2) on an annual basis for the duration of a partnership
under the Program, update and submit to the appropriate
congressional committees the assessment required by paragraph
(1) in order to continually assess the conditions described in
clauses (i), (ii), and (iii) of paragraph (1)(A), including any
improvements in such conditions.
(f) Foreign Government Partner Contribution.--For any partnership
with a foreign government partner under the Program, the Secretary
shall, to the maximum extent practicable, 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
trusted cyber and digital technologies.
(g) Additional Interagency Coordination.--In implementing the
Program, to address challenges associated with affordability,
financing, technical evaluations, procurement requirements, and long-
term capacity building, the Secretary of State shall, on a case-by-case
basis, coordinate, as appropriate, with the relevant Federal agencies,
including the Department of Commerce, the United States International
Development Finance Cooperation, and the United States Trade and
Development Agency.
(h) Use of Funds.--Funds made available to carry out the Program
shall be used--
(1) to provide assistance or financing--
(A) to foreign government partner civilian
government agencies; or
(B) to law enforcement or military agencies, only
if such entities are the owners and operators of the
foreign government partner's civilian critical
infrastructure; and
(2) to develop blended finance mechanisms, co-developed
with the participating foreign government partner, that
partners with fund managers, project developers, third-party
investors, infrastructure providers, and other private partners
to advance the objections outlined in subsection (b).
(i) Partner Disqualification.--
(1) Prohibition on the use of funds.--No funds shall be
made available under this Act to--
(A) a foreign country of concern; or
(B) any country, entity, or person--
(i) upon which sanctions are imposed by the
United States Department of the Treasury; or
(ii) 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 No. 4 to
part 744 of title 14, Code of Federal
Regulations.
(2) Vetting.--The Secretary of State shall vet foreign
government partners to determine whether there is credible
information that such partner--
(A) has committed serious human rights abuses or
engaged in corruption, as defined by section 1 of
Executive Order 13818 (50 U.S.C. 1701 note; relating to
blocking the property of persons involved in serious
human rights abuse or corruption), or is determined to
be ineligible for assistance pursuant to section 620M
of the Foreign Assistance Act of 1961 (22 U.S.C.
2378d); and
(B) uses or is likely to use technologies outlined
in subsection (c) and supported by this Act to engage
in--
(i) violations of human rights;
(ii) targeted or bulk surveillance in
violation of rule of law principles or
fundamental freedoms;
(iii) the monitoring of journalists,
activists, human rights defenders, opposition
parties, or political dissidents;
(iv) internet shutdowns or to limit or
control elections or protests;
(v) political censorship or the targeting
and suppression of political speech or
political opponents;
(vi) denial of access to technology or
services based on race, ethnicity, gender,
religion, or other discriminatory factors; and
(vii) acts of transnational repression.
(3) Disqualification.--Any foreign government partner
determined by the Secretary of State to engage in the
activities described in paragraph (2)(B) shall be ineligible
for support or assistance under this Act.
(j) Regional Technology Officers.--The Secretary of State shall, to
the maximum extent practicable, leverage the Department of State's
Regional Technology Officer Program, pursuant to section 9508 of the
Department of State Authorization Act of 2022 (22 U.S.C. 10305), to
assist United States overseas missions in identifying foreign
government partners to participate in the Program.
(k) Foreign Commercial Officers.--As appropriate, the Secretary of
State shall, in coordination with the Secretary of Commerce, seek to
leverage the Foreign Commercial Officer Program to assist United States
overseas missions in identifying foreign government partners to
participate in the Program.
(l) Congressional Notification Requirement.--Not later than 15 days
before amounts from the Cyberspace, Digital Connectivity, and Related
Technologies (CDT) Fund are obligated for purposes of carrying out this
section, the Secretary of State shall submit notification of such
obligation to--
(1) the Committee on Foreign Relations in the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs in the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(m) Annual Report.--Not later than one year after the date of the
enactment of this Act and annually thereafter, the Secretary of State,
in coordination with the Secretary of Commerce, shall submit to the
appropriate congressional committees a report that includes--
(1) a complete list of participating foreign government
partners in the Program;
(2) progress and results achieved in the previous calendar
year;
(3) the overall amount of purchases or investments each
foreign government partner has made since initial participation
in the Program;
(4) specific trusted cyber and digital technologies
provided to participating foreign government partners,
including--
(A) the name of the provider company or companies;
(B) the total value of the procurements;
(C) description of the capability; and
(D) how the procured capability addresses the
original request submitted by the foreign government
partner, if applicable;
(5) next steps for each participating foreign government
partner in their respective Program pipeline;
(6) any challenges for a foreign government partner's
participation in the Program, including how those challenges
are being addressed; and
(7) how risks related to technology transfer, if
applicable, are being mitigated.
(n) Authorization of Appropriations.--There is authorized to be
appropriated $500,000,000 for fiscal year 2026 through fiscal year 2031
to the Cyberspace, Digital Connectivity, and Related Technologies (CDT)
Fund under section 592 of the Foreign Assistance Act for Fiscal Year
1961 (22 U.S.C. 2349cc-1) for purposes of carrying out this section.
(o) 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 Act.
SEC. 5. OFFICE OF UNITED STATES TECHNOLOGY PROCUREMENT.
(a) Designation of Responsibility.--The Secretary of State shall
designate an existing office within the Bureau for Cyberspace and
Digital Policy of the Department of State, or newly establish an Office
of United States Technology Procurement (referred to in this Act as the
``Office''), which shall be responsible for administering the Program.
(b) Personnel.--
(1) Composition.--The Office shall be comprised of a
Director, a Deputy Director, and such other staff as the
Secretary deems appropriate.
(2) Staffing.--The Office shall include personnel with
demonstrated expertise or experience in performing the
following functions:
(A) Grant design and management.
(B) Program monitoring, evaluation, and learning.
(C) Cyber and digital technology commercialization,
deployment, or procurement.
(3) Director.--The Director of the Office shall fulfill the
following responsibilities:
(A) Identify, on an annual basis, specific
strategic priorities for the Program consistent with
United States national security priorities and
objectives.
(B) In coordination with the other relevant
officials, select and approve all partnerships with
foreign government partners under the Program.
(C) Conduct oversight, monitoring, and evaluation
of the effectiveness of the Program, including long-
term outcome assessments, to ensure the Program
advances United States foreign policy and national
security interests and to ensure monitoring,
evaluation, and learning results directly inform future
grant decisions.
(D) Ensure, to the maximum extent practicable, that
all Program activities are carried out in coordination
with other Federal efforts to promote the United States
technology stack overseas.
(E) Compiling and submitting the list required by
section 4(m).
(4) Deputy director.--The Deputy Director of the Office may
have responsibility for policy and programming to assist the
Director, particularly with respect to coordination with other
United States departments and agencies.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $2,000,000 for fiscal years 2026 through 2028 for the
purposes of implementing the Office.
SEC. 6. EXPANDING NECESSARY TECHNOLOGY AND RELATED EXPERTISE AT UNITED
STATES OVERSEAS MISSIONS.
(a) Sense of Congress.--It is the sense of Congress that, for the
United States Government to successfully implement the Program, it is
vital that the United States recruit and retain the necessary talent to
facilitate such partnerships.
(b) In General.--The Secretary of State shall, to the maximum
extent possible, 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 cybersecurity, technology, and other related expertise to
sufficiently carry out the Program.
SEC. 7. EXTENDING AUTHORIZATION OF APPROPRIATIONS FOR THE REGIONAL
TECHNOLOGY OFFICER PROGRAM.
Subsection (d) of section 9508 of the Department of State
Authorization Act of 2022 (22 U.S.C. 10305) is amended by striking
``2027'' and inserting ``2032''.
SEC. 8. PRESERVING MARKET-BASED COMPETITION FOR CYBER AND DIGITAL
TECHNOLOGIES.
(a) 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 abroad, 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
markets.
(b) In General.--Nothing in this Act shall be construed to permit
the Secretary of State, in coordination with other relevant Federal
agencies, in carrying out the program outlined in section 4(a)--
(1) to unduly interfere with, or seek to substitute for,
market-based competition among United States cyber and digital
technology providers;
(2) to condition access to program support on the
acceptance of commercial terms, partnerships, or business
arrangements that United States cyber and digital technology
providers would not voluntarily accept in an arm's length
commercial transaction; or
(3) 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 Program, except as otherwise required by
any other regulations or Federal law.
(c) Cyber and Digital Technology Small Business Owners.--
Notwithstanding subsection (a), in carrying out the Program, the
Secretary of State may provide targeted assistance, including capacity-
building support and the facilitation of foreign government partner
engagement, to United States small businesses and companies that lack
the global reach, existing relationships, or resources to compete
independently in foreign government partner procurement markets,
provided that such assistance does not confer an unfair competitive
advantage over other United States cyber and digital technology
providers.
SEC. 9. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
Not later than one year after the date of the enactment of this
Act, and not less frequently than every two years until the termination
of the Program's authorities, the Comptroller General of the United
States shall conduct and submit to the appropriate congressional
committees a review of the Program. The review shall include an
assessment of the Department of State's implementation of the Program,
including--
(1) the Department of State's capacity to implement the
Program, including personnel and budgetary resources;
(2) whether the Department of State has established the
necessary processes and procedures to successfully achieve the
Program objectives outlined in section 4;
(3) the Department of State's ability to conduct
appropriate monitoring and evaluation of Program
implementation;
(4) any technologies added or removed from the list under
section 4(c) of covered cyber and digital technologies; and
(5) any other elements deemed necessary by the Comptroller
General of the United States.
SEC. 10. FOREIGN SERVICE OFFICER TECHNOLOGY CAREER TRACK FEASIBILITY
STUDY AND REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Secretary shall--
(1) conduct a study to determine the feasibility and
advisability of establishing a dedicated technology policy
career track or ``cone'' for Foreign Service officers; and
(2) submit a report containing a summary of the results of
such study to the appropriate committees of Congress.
SEC. 11. DERIVATION OF FUNDS.
Amounts made available to carry out this Act shall be derived from
amounts authorized to be appropriated or otherwise made available to
the Department of State.
Calendar No. 510
119th CONGRESS
2d Session
S. 4570
_______________________________________________________________________
A BILL
To incentivize, streamline, and sustain United States foreign
government partner procurement of United States-origin cyber and
digital technologies.
_______________________________________________________________________
July 27, 2026
Reported with an amendment