Title 10Armed ForcesRelease 119-73not60

§4423 Requirements and Limitations for Weapon System Component or Technology Prototype Projects

Title 10 › Subtitle Subtitle A— General Military Law › Part V— ACQUISITION › Subpart F— Major Systems, Major Defense Acquisition Programs, and Weapon Systems Development › Chapter 327— WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS › Subchapter II— DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON SYSTEM COMPONENTS OR TECHNOLOGY › § 4423

Last updated Apr 3, 2026|Official source

Summary

Prototype projects must be finished within two years of when they start. The military department’s service acquisition executive must pick projects by a merit-based process. The process must choose the most promising, innovative, and cost-effective ideas that meet one or more elements listed in 10 U.S.C. 4422(c)(1) and that can be shown to work in a relevant setting. Projects are paid for by contracts, cooperative agreements, or other transactions. Normally a project cannot cost more than $10,000,000 (in fiscal year 2017 dollars). The military department Secretary or their designee can approve up to $50,000,000, but must tell the congressional defense committees within 30 days and include the project, expected funding, and the anticipated outcome. The Secretary of Defense may adjust those dollar limits and the base year using Department of Defense escalation rates. Projects that go past the time or money limits must use the rapid prototyping process in section 3602. This does not change authorities for prototyping under section 4022 or other related rules.

Full Legal Text

Title 10, §4423

Armed Forces — Source: USLM XML via OLRC

(a)A prototype project shall be completed within two years of its initiation.
(b)A prototype project shall be selected by the service acquisition executive of the military department concerned through a merit-based selection process that identifies the most promising, innovative, and cost-effective prototypes that address one or more of the elements set forth in subsection (c)(1) of section 4422 of this title and are expected to be successfully demonstrated in a relevant environment.
(c)Prototype projects shall be funded through contracts, cooperative agreements, or other transactions.
(d)(1)Each prototype project may not exceed a total amount of $10,000,000 (based on fiscal year 2017 constant dollars), unless—
(A)the Secretary of the military department, or the Secretary’s designee, approves a larger amount of funding for the project, not to exceed $50,000,000; and
(B)the Secretary, or the Secretary’s designee, submits to the congressional defense committees, within 30 days after approval of such funding for the project, a notification that includes—
(i)the project;
(ii)expected funding for the project; and
(iii)a statement of the anticipated outcome of the project.
(2)The Secretary of Defense may adjust the amounts (and the base fiscal year) provided in paragraph (1) on the basis of Department of Defense escalation rates.
(e)Prototype projects that exceed the duration and funding limits established in this section shall be pursued under the rapid prototyping process established by section 3602 of this title. In addition, nothing in this subchapter shall affect the authority to carry out prototype projects under section 4022 or any other section of this title related to prototyping.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (e). Pub. L. 118–159 substituted “section 3602 of this title” for “section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note)”. 2022—Subsec. (e). Pub. L. 117–263 substituted “section 4022” for “section 4003”. 2021—Pub. L. 116–283, § 1851(c)(1), renumbered section 2447c of this title as this section. Subsec. (b). Pub. L. 116–283, § 1851(c)(3)(A), substituted “section 4422” for “section 2447b”. Subsec. (e). Pub. L. 116–283, § 1851(c)(3)(B), substituted “section 4003” for “section 2371b”.

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. § 4423

Title 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60