Title 10, Armed ForcesRelease 119-110

§4424 Mechanisms to Speed Deployment of Successful Weapon System Component or Technology Prototypes

Title 10 › 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 › § 4424

Last updated Sep 22, 2026|Official source

Summary

A military service can pick a prototype for follow-on production and fast fielding without using the usual competitive rules if four things are true: the follow-on work meets a high-priority combat need or cuts weapon costs, the original prototype competition was fair, the prototype team finished the project successfully, and the prototype was shown to work in a relevant setting. The service secretary may move available procurement money (as allowed by appropriations) to pay for low-rate initial production until full funding is approved. That special transfer can last no more than two years, be no more than $50,000,000, and be used only once for a given system. The acquisition leader must notify the congressional defense committees within 30 days and give a short description of the project.

Full Legal Text

Title 10, §4424

Armed Forces, Source: USLM XML via OLRC

(a)Selection of Prototype Project for Production and Rapid Fielding.—
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)Special Transfer Authority.—
(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)Notification to Congress.—
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 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110