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10 U.S.C. § 4067 — Technology protection features activities
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3762&num=0&edition=prelim) 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
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Source file: Laws/federal/codes/united-states-code/title-10/section-4067-technology-protection-features-activities--0d899d5667.md
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Source location: Title 10, Chapter 303, § 4067; chapter-303-research-and-engineering-activities.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3762&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3041&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4172/e/7&num=0&edition=prelim).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** Except as provided under subsection (b), in this part, the term “major defense acquisition program” means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and—
(1) that is designated by the Secretary of Defense as a major defense acquisition program; or
(2) in the case of a program that is not a program for the acquisition of an automated information system (either a product or a service), that is estimated by the Secretary of Defense to require—
(A) an eventual total expenditure for research, development, test, and evaluation of more than $1,000,000,000 (based on fiscal year 2024 constant dollars); or
(B) an eventual total expenditure for procurement, including all planned increments or spirals, of more than $4,500,000,000 (based on fiscal year 2024 constant dollars).
**(b) Exceptions.—** In this part, the term “major defense acquisition program” does not include the following:
(1) An acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under [section 3602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3602&num=0&edition=prelim).
(2) An acquisition program for a defense business system (as defined in [section 2222(i)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222/i/1&num=0&edition=prelim)) carried out using the acquisition guidance issued pursuant to section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; [10 U.S.C. 2223a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2223a&num=0&edition=prelim) note).11 See References in
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In this part (other than in sections 4292(e) and 4321), the term “major system” means a combination of elements that will function together to produce the capabilities required to fulfill a mission need. The elements may include hardware, equipment, software or any combination thereof, but excludes construction or other improvements to real property.
**(b) System Considered to Be a Major System.—** A system shall be considered a major system if—
(1) the conditions of subsection (c) or (d), as applicable, are satisfied; or
(2) the system is designated a “major system” by the head of the agency responsible for the system.
**(c) Department of Defense Systems.—**
(1) **In general.—** — For purposes of subsection (b), a system for which the Department of Defense is responsible shall be considered a major system if—
(A) the total expenditures for research, development, test, and evaluation for the system are estimated to be more than $275,000,000 (based on fiscal year 2024 constant dollars); or
(B) the eventual total expenditure for procurement for the system is estimated to be more than $1,300,000,000 (based on fiscal year 2024 constant dollars).
(2) **Adjustment authority.—** — Authority for the Secretary of Defense to adjust amounts and the base fiscal year in effect under this subsection is provided in [section 4202(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4202/b&num=0&edition=prelim).
**(d) Civilian Agency Systems.—** For purposes of subsection (b), a system for which a civilian agency is responsible shall be considered a major system if total expenditures for the system are estimated to exceed the greater of—
(1) $2,000,000 (based on fiscal year 2024 constant dollars); or
(2) the do
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3041
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations.—** The Secretary of Defense shall prescribe regulations governing the payment by the Department of Defense of expenses incurred by contractors for independent research and development costs. Such regulations shall provide that expenses incurred for independent research and development shall be reported independently from other allowable indirect costs.
**(b) Costs Treated as Fair and Reasonable, and Allowable, Expenses.—** The regulations prescribed under subsection (a) shall provide that independent research and development costs shall be considered a fair and reasonable, and allowable, indirect expense on Department of Defense contracts.
**(c) Additional Controls.—** Subject to subsection (d), the regulations prescribed under subsection (a) may include the following provisions:
(1) Controls on the reimbursement of costs to the contractor for expenses incurred for independent research and development to ensure that such costs were incurred for independent research and development.
(2) Implementation of regular methods for transmission—
(A) from the Department of Defense to contractors, in a reasonable manner, of timely and comprehensive information regarding planned or expected needs of the Department of Defense for future technology and advanced capability; and
(B) from contractors to the Department of Defense, in a reasonable manner, of information regarding progress by the contractor on the independent research and development programs of the contractor.
**(d) Limitations on Regulations.—** Regulations prescribed under subsection (a) may not include provisions that would infringe on the independence of a contractor to choose which technologies to pursue in its independent research and development program if the chief executive officer o
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3762
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Guidance Required.—** The Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Comptroller of the Department of Defense and the Vice Chairman of the Joint Chiefs of Staff, shall establish pathways as described under subsection (b) to establish a process for conducting middle tier acquisitions for programs or projects that are intended to be completed in a period of two to five years.
**(b) Acquisition Pathways.—** The Under Secretary of Defense for Acquisition and Sustainment shall establish the following two acquisition pathways:
(1) **Rapid prototyping.—** — The rapid prototyping pathway shall provide for the use of innovative technologies to rapidly develop fieldable prototypes to demonstrate new capabilities and meet emerging military needs. The objective of an acquisition program or project under this pathway shall be to field a prototype that can be demonstrated in an operational environment and provide for a residual operational capability within five years of the development of an approved requirement.
(2) **Rapid fielding.—** — The rapid fielding pathway shall provide for the use of proven technologies to field production quantities of new or upgraded systems with minimal development required. The objective of an acquisition program or project under this pathway shall be to begin production within six months and complete fielding within five years of the development of an approved requirement.
**(c) Expedited Process.—**
(1) **In general.—** — Before using the authority under this section, the Under Secretary shall develop a streamlined and coordinated requirements, budget, and acquisition process that results in the development of an approved requirement for each acquisition program or project in a period of not more
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3602
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2357, act Aug. 10, 1956, ch. 1041, 70A Stat. 135, required Secretary of each military department to report to Congress on contracts for research and development, prior to repeal by Pub. L. 101–510, div. A, title XIII, § 1301(11), Nov. 5, 1990, 104 Stat. 1668.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2357
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Federal law — U.S. Code and appendices · legal_authorities
Page 2647
TITLE 10—ARMED FORCES
§ 4067
Pub. L. 116–283, set out as a note preceding section 3001
of this title.
EFFECTIVE DATE OF 2011 AMENDMENT
Amendment by Pub. L. 111–383 effective Jan. 1, 2011,
see section 901(p) of Pub. L. 111–383, set out as a note
under section 131 of this title.
§ 4067. Technology protection features activities
(a) ACTIVITIES.—The Secretary of Defense
shall carry out activities to develop and incor-
porate technology protection features in a des-
ignated system to increase ally and partner
military capability or improve coalition inter-
operability.
(b) COST-SHARING.—(1) Any contract for the de-
sign 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 de-
sign 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 pur-
pose of enhancing or enabling the exportability
of the system shall include a cost-sharing provi-
sion that requires the contractor to bear half of
the cost of such activities, or such other portion
of such cost as the Secretary considers appro-
priate 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
rese
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4067
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.