10 U.S.C. § 4067: Technology protection features 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. 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. 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. in the case of a designated system, the designated system receives Milestone B approval; and the Secretary determines that doing so would further the purposes of this section. 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. 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. The term “Milestone B approval” has the meaning given the term in section 4172(e)(7) of this title . 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. for major defense acquisition programs, an assessment of such programs to identify potential exportability needs; and for technologies under an acquisition program or project carried out using the rapid fielding or rapid prototyping acquisition pathway that are transitioned to a major capability acquisition program, an assessment of potential exportability needs of such technologies not later than one year after the date of such transition. Not later than three years after the date of the enactment of this Act, the Under Secretary shall revise guidance for program protection plans to integrate a requirement to determine exportability for the programs covered by such plans.”