US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 4023

Procurement for experimental purposes

(a)

Authority .—

The Secretary of Defense and the Secretaries of the military departments may each buy demonstrations, prototypes, products, supplies, parts, accessories, auxiliary services, and design for products or services that the Secretary of Defense or the Secretary concerned considers necessary for experimental or test purposes in the development of the best supplies that are needed for the national defense.
(b)

Procedures .—

1
1 See References in Text note below.
Purchases under this section may be made or modified inside or outside the United States and by contract or otherwise. Chapter 137  of this title applies only when such purchases are made in quantities greater than necessary for prototyping, experimentation, technical evaluation, assessment of operational utility, or safety or to provide a residual operational capability.

Pub. L. 103–160, div. A, title VIII, § 822(c)(1)107 Stat. 1706Pub. L. 103–337, div. A, title X, § 1070(g)108 Stat. 2859Pub. L. 104–106, div. A, title VIII, § 812110 Stat. 395Pub. L. 114–92, div. A, title VIII, § 814129 Stat. 893Pub. L. 115–232, div. A, title VIII, § 886132 Stat. 1916Pub. L. 116–283, div. A, title XVIII, § 1841(b)(1)134 Stat. 4243Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(B)135 Stat. 2151Pub. L. 119–60, div. A, title XVIII, § 1831139 Stat. 1252(Added , , , § 2373; amended , , ; , , ; , , ; , , ; renumbered § 4023, , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 116–283, div. A, title XVIII, § 1881(a)134 Stat. 4293Pub. L. 116–283, div. A, title XVIII134 Stat. 4149section 3016 of this titleChapter 137 of this title, referred to in subsec. (b), was repealed by , , , effective , in conjunction with the transfer and reorganization of acquisition provisions in this title by , , . For definition of “chapter 137 legacy provisions”, see .

Prior Provisions

act Aug. 10, 1956, ch. 104170A Stat. 233Pub. L. 87–651, title I, § 116(1)76 Stat. 513A prior section 4023, , , related to employment of civilians in service club and library services, prior to repeal by , , .

Pub. L. 103–160, § 822(c)(2)Provisions similar to those in this section were contained in sections 4504 and 9504 of this title, prior to repeal by .

Amendments

Pub. L. 119–60, § 1831(1)2025—Subsec. (a). , substituted “demonstrations, prototypes, products, supplies, parts, accessories, auxiliary services, and design for products or services” for “ordnance, signal, chemical activity, transportation, energy, medical, space-flight, telecommunications, and aeronautical supplies, including parts and accessories, and designs thereof,”.

Pub. L. 119–60, § 1831(2)Subsec. (b). , inserted “or modified” after “may be made” and “prototyping,” after “greater than necessary for”.

Pub. L. 116–283, § 1841(b)(1)Pub. L. 117–81, § 1701(u)(2)(B)section 2373 of this title2021—, as amended by , renumbered as this section.

Pub. L. 115–2322018—Subsec. (a). inserted “telecommunications,” after “space-flight,”.

Pub. L. 114–92, § 814(a)2015—Subsec. (a). , inserted “transportation, energy, medical, space-flight,” before “and aeronautical supplies”.

Pub. L. 114–92, § 814(b)Subsec. (b). , substituted “only when such purchases are made in quantities greater than necessary for experimentation, technical evaluation, assessment of operational utility, or safety or to provide a residual operational capability” for “only when such purchases are made in quantity”.

Pub. L. 104–1061996—Subsec. (b). inserted “only” after “applies” in second sentence.

Pub. L. 103–3371994—Subsec. (a). substituted “chemical activity, and aeronautical supplies,” for “and chemical activity supplies,”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

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

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