US Code

Public Law 119-83 (04/13/2026)

10 U.S.C. § 4231

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

(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)
section 4351 of this title 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 .
(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)
section 4171 of this title to provide production-configured or representative articles for operational tests pursuant to ;
(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.

Pub. L. 101–189, div. A, title VIII, § 803(a)103 Stat. 1487 Pub. L. 103–355, title III, § 3015108 Stat. 3332 Pub. L. 104–106, div. A, title X, § 1062(d)110 Stat. 444 Pub. L. 107–107, div. A, title VIII, § 821(c)115 Stat. 1182 Pub. L. 116–283, div. A, title XVIII, § 1847(c)(1)134 Stat. 4254 Pub. L. 117–81, div. A, title XVII, § 1701o135 Stat. 2147 (Added , , , § 2400; amended , , ; , div. D, title XLIII, § 4321(b)(13), , , 673; , , ; renumbered § 4231 and amended , , ; ()(6)(C)(ii), , .)

Editorial Notes

Amendments

Pub. L. 116–283, § 1847(c)(1)(B)2021—, 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)section 2400 of this title, renumbered as this section.

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

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

Pub. L. 107–107, § 821(c)(1)2001—Subsec. (a)(1)(A). , substituted “milestone B” for “milestone II”.

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

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

Pub. L. 104–106, § 4321(b)(13)1996—Subsec. (a)(5). , substituted “this paragraph” for “the preceding sentence”.

Pub. L. 104–106, § 1062(d)Subsec. (c). , 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.”

Pub. L. 103–355, § 3015(1)1994—Subsec. (a)(2). , substituted “this section” for “paragraph (1)” and “engineering and manufacturing development” for “full-scale engineering development”.

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

Pub. L. 103–355, § 3015(2)Subsec. (a)(5). , 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

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 .

Effective Date of 1996 Amendment

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