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)
section 3762 of this title 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 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)
section 3041 of title 10 The term “designated system” means any system (including a major system, as defined in , 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.
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.
Pub. L. 118–159, § 215(a)2024—Subsec. (a). , substituted “to increase ally and partner military capability or improve coalition interoperability” for “during the research and development phase of such system”.
Pub. L. 118–159, § 215(b)(1)Subsec. (b)(3). , (3)(A), (B), redesignated par. (2) as (3) and inserted “or (2)” after “paragraph (1)” and “or exportability feature” after “with respect to a designated system” in introductory provisions.
section 2357 of title 1010 U.S.C. 4067“Not later than 120 days after the date of the enactment of this Act [], the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to conform with , United States Code [now ], as amended by subsection (a).”
, , , provided that:
Updated Guidance on Planning for Exportability Features for Future Programs
Program Guidance on Planning for Exportability Features .—
section 4201 of title 10section 3602 of title 10section 4067 of title 10Not later than one year after the date of the enactment of this Act [], the Under Secretary of Defense for Acquisition and Sustainment shall ensure that the program guidance for major defense acquisition programs (as defined in , United States Code) and for acquisition programs and projects that are carried out using the rapid fielding or rapid prototyping acquisition pathway under , United States Code[,] is revised to integrate planning for exportability features under , United States Code, including—
“(1)
for major defense acquisition programs, an assessment of such programs to identify potential exportability needs; and
“(2)
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.
“(b)
Revision of Guidance for Program Protection Plans .—
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.”