§ 4067. Technology protection features activities

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(a)Activities.— The Secretary of Defense shall carry out activities to develop and incorporate technology protection features in a designated system to increase ally and partner military capability or improve coalition interoperability.

(b)Cost-sharing.—

(1)Any contract for the design or development of a system resulting from activities under subsection

(a)for the purpose of enhancing or enabling the exportability of the system, either for the development of program protection strategies for the system or the design and incorporation of exportability features into the system, shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.

(2)Any contract for the design or development of an exportability feature of a system resulting from activities under subsection

(a)for the purpose of enhancing or enabling the exportability of the system shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.

(3)The Secretary may deem the portion of the costs of the contractor described in paragraph

(1)or

(2)with respect to a designated system or exportability feature as allowable independent research and development costs under the regulations issued under section 3762 of this title if—

(A)in the case of a designated system, the designated system receives Milestone B approval; and

(B)the Secretary determines that doing so would further the purposes of this section.

(c)Definitions.— In this section:

(1)The term “designated system” means any system (including a major system, as defined in section 3041 of title 10, United States Code) that the Under Secretary of Defense for Acquisition and Sustainment designates for purposes of this section.

(2)The term “independent research and development costs” has the meaning given the term in section 31.205-18 of title 48, Code of Federal Regulations.

(3)The term “Milestone B approval” has the meaning given the term in section 4172(e)(7) of this title.

(4)The term “technology protection features” means the technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.

(Added Pub. L. 115–232, div. A, title II, § 223(a), Aug. 13, 2018, 132 Stat. 1682, § 2357; renumbered § 4067 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1841(c), 1842(b), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4243, 4244, 4294; Pub. L. 117–81, div. A, title VIII, § 831(a), title XVII, § 1701(u)(2)(D), (3)(B), Dec. 27, 2021, 135 Stat. 1832, 2151, 2152; Pub. L. 118–159, div. A, title II, § 215, Dec. 23, 2024, 138 Stat. 1824.)

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