---
kind: "section"
citation: "10 U.S.C. § 3602"
title: "10"
title_heading: "Armed Forces"
number: "3602"
heading: "Middle tier of acquisition for rapid prototyping and rapid fielding"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/3602"
units:
  - "Subtitle A — General Military Law"
  - "Part V — Acquisition"
  - "Subpart C — Contracting Methods and Contract Types"
  - "Chapter 253 — Rapid Acquisition Procedures"
---

# §3602. Middle tier of acquisition for rapid prototyping and rapid fielding

- (a) **Guidance Required.—** The Under [Secretary](/usc/10/4951.md?p=3) of Defense for Acquisition and Sustainment, in consultation with the Comptroller of the [Department](/usc/10/101.md?p=a-6) of Defense and the Vice Chairman of the Joint Chiefs of Staff, shall establish pathways as described under [subsection (b)](#b) to establish a process for conducting middle tier acquisitions for [programs](/usc/10/2101.md?p=1) or projects that are intended to be completed in a period of two to five years.
- (b) **Acquisition Pathways.—** The Under [Secretary](/usc/10/4951.md?p=3) of Defense for Acquisition and Sustainment shall establish the following two acquisition pathways:
  - (1) **Rapid prototyping.—** The rapid prototyping pathway shall provide for the use of innovative technologies to rapidly develop fieldable prototypes to demonstrate new capabilities and meet emerging [military](/usc/10/801.md?p=8) needs. The objective of an acquisition [program](/usc/10/2101.md?p=1) or project under this pathway shall be to field a prototype that can be demonstrated in an operational [environment](/usc/10/2700.md?p=2) and provide for a residual operational capability within five years of the development of an approved requirement.
  - (2) **Rapid fielding.—** The rapid fielding pathway shall provide for the use of proven technologies to field production quantities of new or upgraded systems with minimal development required. The objective of an acquisition [program](/usc/10/2101.md?p=1) or project under this pathway shall be to begin production within six months and complete fielding within five years of the development of an approved requirement.
- (c) **Expedited Process.—**
  - (1) **In general.—** Before using the authority under this section, the Under [Secretary](/usc/10/4951.md?p=3) shall develop a streamlined and coordinated requirements, budget, and acquisition process that results in the development of an approved requirement for each acquisition [program](/usc/10/2101.md?p=1) or project in a period of not more than six months from the time that the process is initiated. [Programs](/usc/10/2101.md?p=1) or projects carried out under the authority of this section shall not be subject to the Joint Capabilities Integration and Development System Manual and [Department](/usc/10/101.md?p=a-6) of Defense Directive 5000.01.
  - (2) **Rapid prototyping.—** With respect to the rapid prototyping pathway, the process described in [paragraph (1)](#c-1) shall include—
    - (A) a merit-based process for the consideration of innovative technologies and new capabilities to meet needs communicated by the Joint Chiefs of Staff and the combatant commanders;
    - (B) a process for developing and implementing acquisition and funding strategies for a [program](/usc/10/2101.md?p=1) or project to be carried out under such pathway;
    - (C) a process for demonstrating and evaluating the performance of fieldable prototypes developed pursuant to such [program](/usc/10/2101.md?p=1) or project in an operational [environment](/usc/10/2700.md?p=2);
    - (D) a process for transitioning successful prototypes to new or existing acquisition [programs](/usc/10/2101.md?p=1) for production and fielding under the rapid fielding pathway or the major capability acquisition pathway (as defined under [Department](/usc/10/101.md?p=a-6) of Defense Instruction 5000.85 or successor instruction); and
    - (E) a process for iterating prototyping and fielding within the rapid prototyping pathway that may use a process described in [paragraph (4)(F)](#c-4-F).
  - (3) **Rapid fielding.—** With respect to the rapid fielding pathway, the process described in [paragraph (1)](#c-1) shall include—
    - (A) a merit-based process for the consideration of existing products and proven technologies to meet needs communicated by the Joint Chiefs of Staff and the combatant commanders;
    - (B) a process for demonstrating performance and evaluating for current operational purposes the proposed products and technologies;
    - (C) a process for developing and implementing acquisition and funding strategies for a [program](/usc/10/2101.md?p=1) or project to be carried out under such pathway;
    - (D) a process for considering lifecycle costs and addressing issues of logistics support and system interoperability; and
    - (E) a process for identifying and exploiting opportunities to use the rapid fielding pathway to reduce total ownership costs.
  - (4) **Streamlined procedures.—** The process described in [paragraph (1)](#c-1) may provide for any of the following streamlined procedures:
    - (A) The [service acquisition executive](/usc/10/101.md?p=a-10) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned may appoint a [program manager](/usc/10/1737.md?p=a-1) for a [program](/usc/10/2101.md?p=1) or project for which the authority under this section is used from among candidates from among civilian employees or members of the [armed forces](/usc/10/101.md?p=a-4) who have significant and relevant experience managing large and complex [programs](/usc/10/2101.md?p=1).
    - (B) A [program manager](/usc/10/1737.md?p=a-1) appointed under [subparagraph (A)](#c-4-A) may be provided staff positions for a technical staff, including experts in business management, cost estimation, contracting, auditing, engineering, certification, testing, and logistics, to enable the [program manager](/usc/10/1737.md?p=a-1) to manage the [program](/usc/10/2101.md?p=1) without the technical assistance of another element of the [Department](/usc/10/101.md?p=a-6) of Defense to the maximum extent practicable.
    - (C) A [program manager](/usc/10/1737.md?p=a-1) appointed under [subparagraph (A)](#c-4-A) may, in coordination with the users of the good or service to be acquired under such a [program](/usc/10/2101.md?p=1) or project and the test community, to make trade-offs among life-cycle costs, requirements, and schedules to meet the goals of the [program](/usc/10/2101.md?p=1) or project.
    - (D) Each [service acquisition executive](/usc/10/101.md?p=a-10), acting in coordination with the defense acquisition executive, may serve as the decision authority for a [program](/usc/10/2101.md?p=1) or project for which the authority under this section is used, or shall delegate such decision authority.
    - (E) A [program manager](/usc/10/1737.md?p=a-1) appointed under [subparagraph (A)](#c-4-A) may seek an expedited waiver from any regulatory requirement, or in the case of a statutory requirement, a waiver from Congress, that the [program manager](/usc/10/1737.md?p=a-1) determines adds cost, schedule, or performance delays with little or no value to the management of such [program](/usc/10/2101.md?p=1) or project.
    - (F) If an operational capability is fielded for a [program](/usc/10/2101.md?p=1) or project for which the authority under this section is used, the appropriate [service acquisition executive](/usc/10/101.md?p=a-10) may permit continuous iterative prototyping and fielding under the same [program](/usc/10/2101.md?p=1) or project for an unlimited number of subsequent periods, where each period is intended to be five years.

## Source credit

(Added Pub. L. 118–159, div. A, title VIII, § 804(a), Dec. 23, 2024, 138 Stat. 1966.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 114–92, div. A, title VIII, § 804, Nov. 25, 2015, 129 Stat. 882, as amended by Pub. L. 114–328, div. A, title VIII, §§ 849(a), 864(b), 897, title X, § 1081(c)(2), Dec. 23, 2016, 130 Stat. 2293, 2304, 2327, 2419; Pub. L. 115–91, div. A, title VIII, § 866, Dec. 12, 2017, 131 Stat. 1495; Pub. L. 116–92, div. A, title IX, § 902(33), Dec. 20, 2019, 133 Stat. 1546; Pub. L. 116–283, div. A, title VIII, § 805, Jan. 1, 2021, 134 Stat. 3742, which was set out in a note preceding section 3201 of this title, prior to repeal by Pub. L. 118–159, div. A, title VIII, § 804(b), Dec. 23, 2024, 138 Stat. 1968.