Title 10Armed ForcesRelease 119-73

§4424 Mechanisms to speed deployment of successful weapon system component or technology prototypes

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART V— - ACQUISITION › Subpart Subpart F— - Major Systems, Major Defense Acquisition Programs, and Weapon Systems Development › Chapter CHAPTER 327— - WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS › Subchapter SUBCHAPTER II— - DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON SYSTEM COMPONENTS OR TECHNOLOGY › § 4424

Last updated Apr 6, 2026|Official source

Summary

A military department’s top weapons buyer can pick a prototype project for follow-on production without a new competition if four things are true: the next step meets a high-priority warfighter need or cuts weapon costs; the original prototype work was awarded by competition; the people who did the prototype finished their tasks successfully; and the prototype was shown to work in a real-world-type setting. If Congress allows it ahead of time in the appropriations laws, the service secretary can move leftover procurement money to pay for a small initial production run until full funding is approved. That transfer can last no more than 2 years, be no more than $50,000,000, and can be used only once for the same system. This power is in addition to other transfer authorities. Within 30 days of selecting a project, the acquisition head must notify the congressional defense committees and give a short description.

Full Legal Text

Title 10, §4424

Armed Forces — Source: USLM XML via OLRC

(a)A weapon system component or technology prototype project may be selected by the service acquisition executive of the military department concerned for a follow-on production contract or other transaction without the use of competitive procedures, notwithstanding the requirements of sections 3201 through 3205 of this title, if—
(1)the follow-on production project addresses a high priority warfighter need or reduces the costs of a weapon system;
(2)competitive procedures were used for the selection of parties for participation in the original prototype project;
(3)the participants in the original prototype project successfully completed the requirements of the project; and
(4)a prototype of the system to be procured was demonstrated in a relevant environment.
(b)(1)The Secretary of a military department may, as specified in advance by appropriations Acts, transfer funds that remain available for obligation in procurement appropriation accounts of the military department to fund the low-rate initial production of the rapid fielding project until required funding for full-rate production can be submitted and approved through the regular budget process of the Department of Defense.
(2)The funds transferred under this subsection to fund the low-rate initial production of a rapid fielding project shall be for a period not to exceed two years, the amount for such period may not exceed $50,000,000, and the special transfer authority provided in this subsection may not be used more than once to fund procurement of a particular new or upgraded system.
(3)The special transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.
(c)Within 30 days after the service acquisition executive of a military department selects a weapon system component or technology project for a follow-on production contract or other transaction, the service acquisition executive shall notify the congressional defense committees of the selection and provide a brief description of the rapid fielding project.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 116–283, § 1851(c)(1), renumbered section 2447d of this title as this section. Subsec. (a). Pub. L. 116–283, § 1851(c)(4), substituted “sections 3201 through 3205” for “section 2304” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date

Section effective Jan. 1, 2017, see section 806(a)(2) of Pub. L. 114–328, set out as a note under section 4421 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 4424

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73