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) Rule of construction Nothing in this title may be construed to permit the Secretary of State, in coordination with other relevant Federal agencies, in carrying out the program established by section 402(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 (b), 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.