
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 821(c)]
[CITE: 10USC2400]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
            CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
 
Sec. 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) shall 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 this section, the term ``milestone II decision'' means the 
decision to approve the engineering and manufacturing 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 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 II 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 II 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 2432 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 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.--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.

(Added Pub. L. 101-189, div. A, title VIII, Sec. 803(a), Nov. 29, 1989, 
103 Stat. 1487; amended Pub. L. 103-355, title III, Sec. 3015, Oct. 13, 
1994, 108 Stat. 3332; Pub. L. 104-106, div. A, title X, Sec. 1062(d), 
div. D, title XLIII, Sec. 4321(b)(13), Feb. 10, 1996, 110 Stat. 444, 
673.)


                            Prior Provisions

    A prior section 2400 was renumbered section 2534 of this title.


                               Amendments

    1996--Subsec. (a)(5). Pub. L. 104-106, Sec. 4321(b)(13), substituted 
``this paragraph'' for ``the preceding sentence''.
    Subsec. (c). Pub. L. 104-106, Sec. 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, Sec. 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, Sec. 3015(2), (3), added par. (4) 
and redesignated former par. (4) as (5).
    Subsec. (a)(5). Pub. L. 103-355, Sec. 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.''


                    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 251 of Title 41, Public Contracts.
