119-s2135

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2135 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2135

 To modify other transaction authority, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 June 18, 2025

 Mr. Sheehy introduced the following bill; which was read twice and 
 referred to the Committee on Armed Services

_______________________________________________________________________

 A BILL

 To modify other transaction authority, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Prototype to Production Act''.

SEC. 2. MODIFICATIONS TO OTHER TRANSACTIONS.

    (a) In General.--

Section 4022 of title 10, United States Code, is 
amended--

    (1) in subsection

    (a) --
        (A) by amending paragraph

    (2) to read as follows:
 ``

    (2) The authority of this section may be exercised for a 
transaction for a prototype project, or for a transaction for a follow-
on production contract or transaction that is awarded pursuant to 
subsection

    (f) or

    (g) , that is expected to cost the Department of 
Defense in excess of $100,000,000 (including all options) only upon a 
written determination that the requirements of subsection
            (d) will be 
met by a head of the contracting activity, or, for the Defense Advanced 
Research Projects Agency, the Defense Innovation Unit, or the Missile 
Defense Agency, the director of the agency.''; and
        (B) by amending paragraph

    (3) to read as follows:
 ``

    (3) The authority of the head of the contracting activity, the 
director of the Defense Advanced Research Projects Agency, the director 
of the Defense Innovation Unit, the director of the Missile Defense 
Agency, or the senior procurement executive, as applicable, under 
paragraph

    (2) , may not be delegated.'';

    (2) in subsection

    (e) --
        (A) by amending paragraph

    (1) to read as follows:
 ``

    (1) The term `head of the contracting activity' means 
 those officials within the organization who have responsibility 
 for and manage an acquisition organization and usually hold 
 unlimited procurement authority.''; and
        (B) by adding at the end the following new 
 paragraph:
 ``

    (6) The term `follow-on production' means a contract or 
 transaction that is intended to further develop, test, produce, 
 deploy, operate, or sustain a capability that was successfully 
 prototyped under the authority established in subsection

    (a) .'';

    (3) by redesignating subsections

    (h) and
            (i) as subsections
            (i) and

    (j) , respectively; and

    (4) by inserting after subsection

    (g) the following new 
 subsection:
 ``

    (h) Authority To Award a Production Transaction to Rapidly Field 
an Existing Capability.--A production transaction may be awarded, with 
or without the use of competitive procedures, to acquire emergent and 
proven technologies and field production quantities of new or upgraded 
systems that do not require additional development and have been 
demonstrated in a relevant environment when the appropriate service or 
component acquisition executive determines in writing that exceptional 
circumstances justify the use of such a transaction to address a high 
priority warfighter need.''.
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