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119th Congress

Title 10 — Armed Forces

Part V · Chapter 322 — Major Systems and Major Defense Acquisition Programs Generally

§ 4231. Major systems: determination of quantity for low-rate initial production

Statutory text

(a)

Determination of Quantities To Be Procured for Low-Rate Initial Production.—

(1)

In the course of the development of a major system, the determination of what quantity of articles of that system should be procured for low-rate initial production (including the quantity to be procured for preproduction verification articles) shall be made—

(A)

when the milestone B decision with respect to that system is made; and

(B)

by the official of the Department of Defense who makes that decision.

(2)

In this section, the term “milestone B decision” means the decision to approve the system development and demonstration of a major system by the official of the Department of Defense designated to have the authority to make that decision.

(3)

Any increase from a quantity determined under paragraph (1) may only be made with the approval of the official making the determination.

(4)

The quantity of articles of a major system that may be procured for low-rate initial production may not be less than one operationally configured production unit unless another quantity is established at the milestone B decision.

(5)

The Secretary of Defense shall include a statement of the quantity determined under paragraph (1) in the first SAR submitted with respect to the program concerned after that quantity is determined. If the quantity exceeds 10 percent of the total number of articles to be produced, as determined at the milestone B decision with respect to that system, the Secretary shall include in the statement the reasons for such quantity. For purposes of this paragraph, the term “SAR” means a Selected Acquisition Report submitted under section 4351 of this title.

(b)

Low-Rate Initial Production of Weapon Systems.—

Except as provided in subsection (c), low-rate initial production with respect to a new system is production of the system in the minimum quantity necessary—

(1)

to provide production-configured or representative articles for operational tests pursuant to section 4171 of this title;

(2)

to establish an initial production base for the system; and

(3)

to permit an orderly increase in the production rate for the system sufficient to lead to full-rate production upon the successful completion of operational testing.

(c)

Low-Rate Initial Production of Naval Vessel and Satellite Programs.—

With respect to naval vessel programs and military satellite programs, low-rate initial production is production of items at the minimum quantity and rate that (1) preserves the mobilization production base for that system, and (2) is feasible, as determined pursuant to regulations prescribed by the Secretary of Defense.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title VIII § 803(a) · 103 Stat. 1352

    Enacted · 10 U.S.C. § 4231

    Added Pub. L. 101–189, div. A, title VIII, § 803(a), Nov. 29, 1989, 103 Stat. 1487, § 2400

    Source evidence

    Code source credit
    Added Pub. L. 101–189, div. A, title VIII, § 803(a), Nov. 29, 1989, 103 Stat. 1487, § 2400

    Enacted provision · exact public law section
    (a) In General.— Chapter 141 of title 10, United States Code, is amended by inserting after section 2399 (as added by section 802) the following new section: “§ 2400. Low-rate initial production of new systems “(a) Determination of Quantities To Be Procured for Low-Rate Initial Production.— (1) In the course of the development of a major system, the determination of what quantity of articles of that system should be procured for low-rate initial production (including the quantity to be procured for preproduction verification articles) shaft be made— “(A) when the milestone II decision with respect to that system is made; and “(B) by the official of the Department of Defense who makes that decision. “(2) In paragraph (1), the term ‘milestone II decision’ means the decision to approve the full-scale engineering development of a major system by the official of the Department of Defense designated to have the authority to make that decision. “(3) Any increase from a quantity determined under paragraph (1) may only be made with the approval of the official making the determination. “(4) The Secretary of Defense shall include a statement of the quantity determined under paragraph (1) in the first SAR submitted with respect to the program concerned after that quantity is determined. For purposes of the preceding sentence, the term ‘SAR’ means a Selected Acquisition Report submitted under section 2432 of this title. “(b) Low-Rate Initial Production or Weapon Systems.— Except as provided in subsection (c), low-rate initial production with respect to a new system is production of the system in the minimum quantity necessary— “(1) to provide production-configured or representative articles for operational tests pursuant to section 2399 of this title; “(2) to establish an initial production base for the system; and “(3) to permit an orderly increase in the production rate for the system sufficient to lead to full-rate production upon the successful completion of operational testing. “(c) Low-Rate Initial Production of Naval Vessel and Satellite Programs.— (1) With respect to naval vessel programs and military satellite programs, low-rate initial production is production of items at the minimum quantity and rate that (A) preserves the mobilization production base for that system, and (B) is feasible, as determined pursuant to regulations prescribed by the Secretary of Defense. “(2) For each naval vessel program and military satellite program, Reports. the Secretary of Defense shall submit to Congress a report providing— “(A) an explanation of the rate and quantity prescribed for low-rate initial production and the considerations in establishing that rate and quantity; “(B) a test and evaluation master plan for that program; and “(C) an acquisition strategy for that program that has been approved by the Secretary, to include the procurement objec-fives in terms of total quantity of articles to be procured and annual production rates.”.

  2. Pub. L. 103–355 § 3015(1) · 108 Stat. 3243

    1. Substituted · 10 U.S.C. § 4231(a)(2)

      Pub. L. 103–355, § 3015(1), substituted “this section” for “paragraph (1)”

    2. Substituted · 10 U.S.C. § 4231(a)(2)

      Pub. L. 103–355, § 3015(1), substituted “engineering and manufacturing development” for “full-scale engineering development”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 103–355, § 3015(1), substituted “this section” for “paragraph (1)” and “engineering and manufacturing development” for “full-scale engineering development”.

    Enacted provision · exact public law section
    (1) in paragraph (2)— (A) by striking out “paragraph (1)” and inserting in lieu thereof “this section”; and (B) by striking out “full-scale engineering development” and inserting in lieu thereof “engineering and manufacturing development”;

  3. Pub. L. 103–355 § 3015(2) · 108 Stat. 3243

    1. Added · 10 U.S.C. § 4231(a)(4)

      Pub. L. 103–355, § 3015(2), (3), added par. (4)

    2. Redesignated · 10 U.S.C. § 4231(a)(4)

      Pub. L. 103–355, § 3015(2), (3), redesignated former par. (4) as (5)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 103–355, § 3015(2), (3), added par. (4) and redesignated former par. (4) as (5).

    Enacted provision · exact public law section
    (2) by redesignating paragraph (4) as paragraph (5) and in that paragraph by inserting after the first sentence the following: “If the quantity exceeds 10 percent of the total number of articles to be produced, as determined at the milestone II decision with respect to that system, the Secretary shall include in the statement the reasons for such quantity.”; and

  4. Pub. L. 103–355 § 3015(2) · 108 Stat. 3243

    1. Redesignated · 10 U.S.C. § 4231(a)(5)

      Pub. L. 103–355, § 3015(2), redesignated par. (4) as (5)

    2. Inserted · 10 U.S.C. § 4231(a)(5)

      Pub. L. 103–355, § 3015(2), inserted after first sentence “If the quantity exceeds 10 percent of the total number of articles to be produced, as determined at the milestone II decision with respect to that system, the Secretary shall include in the statement the reasons for such quantity.”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 103–355, § 3015(2), redesignated par. (4) as (5) and inserted after first sentence “If the quantity exceeds 10 percent of the total number of articles to be produced, as determined at the milestone II decision with respect to that system, the Secretary shall include in the statement the reasons for such quantity.”

    Enacted provision · exact public law section
    (2) by redesignating paragraph (4) as paragraph (5) and in that paragraph by inserting after the first sentence the following: “If the quantity exceeds 10 percent of the total number of articles to be produced, as determined at the milestone II decision with respect to that system, the Secretary shall include in the statement the reasons for such quantity.”; and

  5. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 4321(b)(13) · 110 Stat. 186

    Substituted · 10 U.S.C. § 4231(a)(5)

    Pub. L. 104–106, § 4321(b)(13), substituted “this paragraph” for “the preceding sentence”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 104–106, § 4321(b)(13), substituted “this paragraph” for “the preceding sentence”.

    Enacted provision · exact public law section
    (13) Section 2400(a)(5) is amended by striking out “the preceding sentence” and inserting in lieu thereof “this paragraph”.

  6. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1062(d) · 110 Stat. 186

    1. Struck · 10 U.S.C. § 4231(c)

      Pub. L. 104–106, § 1062(d), struck out “(1)” before “With respect to”

    2. Redesignated · 10 U.S.C. § 4231(c)

      Pub. L. 104–106, § 1062(d), redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively

    3. Struck · 10 U.S.C. § 4231(c)

      Pub. L. 104–106, § 1062(d), struck out former par. (2) which read as follows: “For each naval vessel program and military satellite program, the Secretary of Defense shall submit to Congress a report providing—

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–106, § 1062(d), struck out “(1)” before “With respect to”, redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively, and struck out former par. (2) which read as follows: “For each naval vessel program and military satellite program, the Secretary of Defense shall submit to Congress a report providing—

    “(A) an explanation of the rate and quantity prescribed for low-rate initial production and the considerations in establishing that rate and quantity; “(B) a test and evaluation master plan for that program; and “(C) an acquisition strategy for that program that has been approved by the Secretary, to include the procurement objectives in terms of total quantity of articles to be procured and annual production rates.”

    Enacted provision · exact public law section
    (d) Report on Low-Rate Production Under Naval Vessel and Military Satellite Programs.— Section 2400(c) of such title is amended— (1) by striking out paragraph (2); and (2) in paragraph (1)— (A) by striking out “(1)”; and (B) by redesignating clauses (A) and (B) as clauses (1) and (2), respectively.

  7. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 821(c)(1) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 4231(a)(1)(A)

    Pub. L. 107–107, § 821(c)(1), substituted “milestone B” for “milestone II”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 107–107, § 821(c)(1), substituted “milestone B” for “milestone II”.

    Enacted provision · exact public law section
    (1) by striking “milestone II” each place it appears in paragraphs (1)(A), (2), (4) and (5) and inserting “milestone B”; and

  8. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title VIII § 821(c) · 115 Stat. 1012

    1. Substituted · 10 U.S.C. § 4231(a)(2)

      Pub. L. 107–107 substituted “milestone B” for “milestone II”

    2. Substituted · 10 U.S.C. § 4231(a)(2)

      Pub. L. 107–107 substituted “system development and demonstration” for “engineering and manufacturing development”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 107–107 substituted “milestone B” for “milestone II” and “system development and demonstration” for “engineering and manufacturing development”.

    Enacted provision · exact public law section
    (c) Adjustments to Requirement for Determination of Quantity for Low-Rate Initial Production.— Section 2400(a) of title 10, United States Code, is amended— (1) by striking “milestone II” each place it appears in paragraphs (1)(A), (2), (4) and (5) and inserting “milestone B”; and (2) in paragraph (2), by striking “engineering and manufacturing development” and inserting “system development and demonstration”.

  9. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 821(c)(1) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 4231(a)(4); 10 U.S.C. § 4231(a)(5)

    Pub. L. 107–107, § 821(c)(1), substituted “milestone B” for “milestone II”

    Source evidence

    Code amendment note
    Subsec. (a)(4), (5). Pub. L. 107–107, § 821(c)(1), substituted “milestone B” for “milestone II”.

    Enacted provision · exact public law section
    (1) by striking “milestone II” each place it appears in paragraphs (1)(A), (2), (4) and (5) and inserting “milestone B”; and

  10. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1847(c)(1)(B) · 134 Stat. 3388

    Amended · 10 U.S.C. § 4231

    Pub. L. 116–283, § 1847(c)(1)(B), amended section catchline generally. Prior to amendment, section catchline read as follows: “Low-rate initial production of new systems”

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1847(c)(1)(B), amended section catchline generally. Prior to amendment, section catchline read as follows: “Low-rate initial production of new systems”.

    Enacted provision · exact public law section
    (B) The heading of such section is amended to read as follows: “§ 4231. Major systems: determination of quantity for low-rate initial production” .

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment 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.

  11. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1847(c)(1)(A) · 134 Stat. 3388

    Changed · 10 U.S.C. § 4231

    Pub. L. 116–283, § 1847(c)(1)(A), renumbered section 2400 of this title as this section

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1847(c)(1)(A), renumbered section 2400 of this title as this section.

    Enacted provision · exact public law section
    (A) Section 2400 of title 10, United States Code, is transferred to chapter 322 of such title, as added by subsection (a), inserted after the table of sections at the beginning of subchapter II, redesignated as section 4231, and amended— (i) in subsection (a)(5), by striking “section 2432” and inserting “sections 4351 through 4358”; and (ii) in subsection (b)(1), by striking “section 2399” and inserting “section 4171”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment 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.

  12. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1847(c)(1)(A)(i) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 4231(a)(5)

      Pub. L. 116–283, § 1847(c)(1)(A)(i), as amended by Pub. L. 117–81, § 1701(o)(6)(C)(ii)

    2. Substituted · 10 U.S.C. § 4231(a)(5)

      Pub. L. 116–283, § 1847(c)(1)(A)(i), as substituted “section 4351” for “section 2432”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 116–283, § 1847(c)(1)(A)(i), as amended by Pub. L. 117–81, § 1701(o)(6)(C)(ii), substituted “section 4351” for “section 2432”.

    Enacted provision · exact public law section
    (i) in subsection (a)(5), by striking “section 2432” and inserting “sections 4351 through 4358”; and

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment 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.

  13. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1847(c)(1)(A)(ii) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 4231(b)(1)

    Pub. L. 116–283, § 1847(c)(1)(A)(ii), substituted “section 4171” for “section 2399”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 116–283, § 1847(c)(1)(A)(ii), substituted “section 4171” for “section 2399”.

    Enacted provision · exact public law section
    (ii) in subsection (b)(1), by striking “section 2399” and inserting “section 4171”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment 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.

20 of 20 references resolved to an enrolled provision

Editorial Notes

Amendments1994–2021 · 4 rounds

2021

Pub. L. 116–283, § 1847(c)(1)(B), amended section catchline generally. Prior to amendment, section catchline read as follows: “Low-rate initial production of new systems”.

Pub. L. 116–283, § 1847(c)(1)(A), renumbered section 2400 of this title as this section.

Subsec. (a)(5). Pub. L. 116–283, § 1847(c)(1)(A)(i), as amended by Pub. L. 117–81, § 1701(o)(6)(C)(ii), substituted “section 4351” for “section 2432”.

Subsec. (b)(1). Pub. L. 116–283, § 1847(c)(1)(A)(ii), substituted “section 4171” for “section 2399”.

2001

Subsec. (a)(1)(A). Pub. L. 107–107, § 821(c)(1), substituted “milestone B” for “milestone II”.

Subsec. (a)(2). Pub. L. 107–107 substituted “milestone B” for “milestone II” and “system development and demonstration” for “engineering and manufacturing development”.

Subsec. (a)(4), (5). Pub. L. 107–107, § 821(c)(1), substituted “milestone B” for “milestone II”.

1996

Subsec. (a)(5). Pub. L. 104–106, § 4321(b)(13), substituted “this paragraph” for “the preceding sentence”.

Subsec. (c). Pub. L. 104–106, § 1062(d), struck out “(1)” before “With respect to”, redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively, and struck out former par. (2) which read as follows: “For each naval vessel program and military satellite program, the Secretary of Defense shall submit to Congress a report providing—

“(A) an explanation of the rate and quantity prescribed for low-rate initial production and the considerations in establishing that rate and quantity;

“(B) a test and evaluation master plan for that program; and

“(C) an acquisition strategy for that program that has been approved by the Secretary, to include the procurement objectives in terms of total quantity of articles to be procured and annual production rates.”

1994

Subsec. (a)(2). Pub. L. 103–355, § 3015(1), substituted “this section” for “paragraph (1)” and “engineering and manufacturing development” for “full-scale engineering development”.

Subsec. (a)(4). Pub. L. 103–355, § 3015(2), (3), added par. (4) and redesignated former par. (4) as (5).

Subsec. (a)(5). Pub. L. 103–355, § 3015(2), redesignated par. (4) as (5) and inserted after first sentence “If the quantity exceeds 10 percent of the total number of articles to be produced, as determined at the milestone II decision with respect to that system, the Secretary shall include in the statement the reasons for such quantity.”

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.

Amendment by Pub. L. 116–283 effective , 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 of 1996 Amendment

For effective date and applicability of amendment by section 4321(b)(13) of Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 2220 of this title.

Credits

1989–2021 · 6 acts
  1. 1989Added Pub. L. 101–189, div. A, title VIII, § 803(a), , 103 Stat. 1487, § 2400
  2. 1994amended Pub. L. 103–355, title III, § 3015, , 108 Stat. 3332
  3. 1996Pub. L. 104–106, div. A, title X, § 1062(d), div. D, title XLIII, § 4321(b)(13), , 110 Stat. 444, 673
  4. 2001Pub. L. 107–107, div. A, title VIII, § 821(c), , 115 Stat. 1182
  5. 2021renumbered § 4231 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(c)(1), , 134 Stat. 4254
  6. 2021Pub. L. 117–81, div. A, title XVII, § 1701(o)(6)(C)(ii), , 135 Stat. 2147.
Show as published

(Added Pub. L. 101–189, div. A, title VIII, § 803(a), , 103 Stat. 1487, § 2400; amended Pub. L. 103–355, title III, § 3015, , 108 Stat. 3332; Pub. L. 104–106, div. A, title X, § 1062(d), div. D, title XLIII, § 4321(b)(13), , 110 Stat. 444, 673; Pub. L. 107–107, div. A, title VIII, § 821(c), , 115 Stat. 1182; renumbered § 4231 and amended Pub. L. 116–283, div. A, title XVIII, § 1847(c)(1), , 134 Stat. 4254; Pub. L. 117–81, div. A, title XVII, § 1701(o)(6)(C)(ii), , 135 Stat. 2147.)

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