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10 U.S.C. § 4424 — Mechanisms to speed deployment of successful weapon system component or technology prototypes
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-10/section-4424-mechanisms-to-speed-deployment-of-successful-weapon-system-component-or--17dc7a0497.md
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Source location: Title 10, Chapter 327, § 4424; chapter-327-weapon-systems-development-and-related-matters.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements for Budget Display.—** In the defense budget materials for any fiscal year, the Secretary of Defense shall, with respect to advanced component development and prototype activities (within the research, development, test, and evaluation budget), set forth the amounts requested for each of the following:
(1) Acquisition programs of record.
(2) Development, prototyping, and experimentation of weapon system components or other technologies, including those based on commercial products and technologies, separate from acquisition programs of record.
(3) Other budget line items as determined by the Secretary of Defense.
**(b) Additional Requirements.—** For purposes of subsection (a)(2), the amounts requested for development, prototyping, and experimentation of weapon system components or other technologies shall be—
(1) structured into either capability, weapon system component, or technology portfolios that reflect the priority areas for prototype projects; and
(2) justified with general descriptions of the types of capability areas and technologies being funded or expected to be funded during the fiscal year concerned.
**(c) Definitions.—** In this section, the terms “budget” and “defense budget materials” have the meaning given those terms in [section 234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section234&num=0&edition=prelim) and the term “commercial product” has the meaning given that term in [section 103 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section103&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4421
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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
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2447d
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Federal law — U.S. Code and appendices · legal_authorities
Page 2765
TITLE 10—ARMED FORCES
§ 4424
process that identifies the most promising, inno-
vative, and cost-effective prototypes that ad-
dress 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) TYPE OF TRANSACTION.—Prototype projects
shall be funded through contracts, cooperative
agreements, or other transactions.
(d) FUNDING LIMIT.—(1) Each prototype project
may not exceed a total amount of $10,000,000
(based on fiscal year 2017 constant dollars), un-
less—
(A) the Secretary of the military depart-
ment, 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 des-
ignee, 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 out-
come 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 De-
fense escalation rates.
(e) RELATED PROTOTYPE AUTHORITIES.—Proto-
type projects that exceed the duration and fund-
ing limits established in this section shall be
pursued under the rapid prototyping process es-
tablished by section 3602 of this title. In addi-
tion, nothing in this subchapter shall affect the
authority to carry out prototype projects under
section 4022 or any other section of this title re-
lated to prototyping.
(Added Pub. L. 114–328, div. A, title VIII,
§ 806(a)(1), Dec. 23, 2016, 130 Stat. 2258, § 2447c; re-
numbered § 4423 and amended Pub. L. 116–283,
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4424
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