EconDefense
USC-08 / Research, innovation and experimentation

Cost-share technology-protection and exportability features in designated defense systems

Develop technology-protection and exportability features for designated systems to improve allied or partner capability and interoperability, sharing the specified development costs with contractors and conditionally treating the contractor share as allowable independent R&D.

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Authority / instrument · USC-08

Exportability and technology protection

Research, innovation and experimentation

Statute & instrument
Authority holder

Secretary of Defense; Under Secretary of Defense for Acquisition and Sustainment designates systems

What this does not authorize / hard limit

This does not itself license an export, approve a foreign sale, or transfer classified technology.

Recorded executor

Authorized component contracting, agreements, or personnel office; assignment is illustrative

Continue to actor →

Recorded executing role; this record-specific route is not an additional institutional office.

Legal basisSources linkedLegal sources and instrument limits are recorded.
RequirementsGates recordedRead the requirements for this instrument; applicability depends on the proposed action.
Public fundingRules recordedLawfully available development funds plus contractor cost share; §3762 regulations govern any eligible IR&D treatment. Office budget figures are separate institutional context, not an allocation to this instrument.
Assigned rolesRoles recordedPublic sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.
EngagementProgram unverifiedAdded in the October 5 statutory review; no current implementing program, intake or individual delegation verified.

Public evidence describes the institution and instrument; it is not approval of an individual transaction.

At a glance

Possible toolUSC-08 · Other statutory tools
Legal basis10 U.S.C. §4067

Authority holder: Secretary of Defense; Under Secretary of Defense for Acquisition and Sustainment designates systems

Other statutory tools

Mechanism tags describe the source text; they do not expand the authority.

Availability and verification

Express statutory pathway identified in the USC scrub. Current implementation, public intake, appropriations, available balances, and transaction-specific delegations were not independently verified.

Requirements and limits

Eligibility & prerequisites

  • Use a designated system and the statutory technology-protection purpose.
  • Covered contracts normally allocate half the cost to the contractor; another share requires the Secretary’s good-cause determination.
  • Allowable IR&D treatment requires the statutory determination and, for a designated system, Milestone B approval.

Limits & exclusions

  • This does not itself license an export, approve a foreign sale, or transfer classified technology.

Funding conditions

  • Lawfully available development funds plus contractor cost share; §3762 regulations govern any eligible IR&D treatment.

Read the funding and execution guide

Who contributes what

Need & planning

  • Relevant DoD mission or program sponsor

Resources

  • Sponsoring component budget owner and comptroller; available funding not verified

Approval

  • Secretary of Defense; Under Secretary of Defense for Acquisition and Sustainment designates systems; transaction-specific delegation must be confirmed
    Office profile
    Office profile

Execution

  • Authorized component contracting, agreements, or personnel office; assignment is illustrative

Partners & review

  • Program counsel, fiscal officials, and eligible external counterpart as applicable

Office links are editorial matches to the original role text, not verified delegations. Composite labels and unmatched actors are preserved.

Coordination pathway

Mission sponsor → relevant program or personnel lead → counsel and fiscal review → official holding the required authority → eligible counterpart. Named functions are routing guidance, not verified individual delegations.

Actor and execution-role sources

October 5 statutory review

Added in the October 5 statutory coverage review. The cited legal mechanism and its conditions were examined; a current implementing program, intake, funding balance and individual delegation were not verified.

Section coverage and review findings

Legal basis

  • 10 U.S.C. §4067Official GovInfo 2024 baseline; read alongside the enacted amendments identified in this record.
  • 10 U.S.C. §3762Official GovInfo 2024 baseline; read alongside the enacted amendments identified in this record.

What this research establishes

Legal basisSources linkedLegal sources and instrument limits are recorded.
RequirementsGates recordedRead the requirements for this instrument; applicability depends on the proposed action.
Public fundingRules recordedLawfully available development funds plus contractor cost share; §3762 regulations govern any eligible IR&D treatment. Office budget figures are separate institutional context, not an allocation to this instrument.
Assigned rolesRoles recordedPublic sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.
EngagementProgram unverifiedAdded in the October 5 statutory review; no current implementing program, intake or individual delegation verified.

Confidence: High on the cited statutory text and express conditions; operational availability is unverified.

Currentness: Reviewed 2026-10-05 against official GovInfo 2024 Code text and a targeted P.L. 119-60 enacted-amendment search. OLRC direct pages were intermittently under maintenance. This is not an exhaustive certification of legislation after that baseline, funding, implementation, or individual delegation.

Review scope: Record reviewed 2026-10-05. Publication is not legal-currentness certification.

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