Title 10 — Armed Forces
Part V · Chapter 201 — Definitions
§ 3041. Major system
Statutory text
In General.—
In this part (other than in sections 4292(e) and 4321), the term “major system” means a combination of elements that will function together to produce the capabilities required to fulfill a mission need. The elements may include hardware, equipment, software or any combination thereof, but excludes construction or other improvements to real property.
System Considered to Be a Major System.—
A system shall be considered a major system if—
the conditions of subsection (c) or (d), as applicable, are satisfied; or
the system is designated a “major system” by the head of the agency responsible for the system.
Department of Defense Systems.—
In general.—
For purposes of subsection (b), a system for which the Department of Defense is responsible shall be considered a major system if—
the total expenditures for research, development, test, and evaluation for the system are estimated to be more than $275,000,000 (based on fiscal year 2024 constant dollars); or
the eventual total expenditure for procurement for the system is estimated to be more than $1,300,000,000 (based on fiscal year 2024 constant dollars).
Adjustment authority.—
Authority for the Secretary of Defense to adjust amounts and the base fiscal year in effect under this subsection is provided in section 4202(b) of this title.
Civilian Agency Systems.—
For purposes of subsection (b), a system for which a civilian agency is responsible shall be considered a major system if total expenditures for the system are estimated to exceed the greater of—
$2,000,000 (based on fiscal year 2024 constant dollars); or
the dollar threshold for a “major system” established by the agency pursuant to Office of Management and Budget (OMB) Circular A–109, entitled “Major Systems Acquisitions”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title XVIII § 1806(c) · 134 Stat. 3388
Enacted · 10 U.S.C. § 3041
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(c), Jan. 1, 2021, 134 Stat. 4154
Source evidence
Code source credit
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(c), Jan. 1, 2021, 134 Stat. 4154Enacted provision · exact public law section
(c) New Subchapter III.— (1) In general.— Such chapter is further amended by adding after subchapter II, as added by subsection (b), the following new subchapter: “SUBCHAPTER III— DEFINITIONS RELATING TO MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS “Sec. “3041. Major system. “3042. Major defense acquisition program. “§ 3041. Major system “§ 3042. Major defense acquisition program “For the definition of the term ‘major defense acquisition program’ for purposes of this part, see section 4201 of this title.” . (2) Transfer of 2302(5).— Paragraph (5) of section 2302 of such title is transferred to section 3041 of such title, as added by paragraph (1), inserted after the section heading, realigned 2 ems to the left, redesignated as subsection (a), and amended— (A) by striking “The term” and inserting “In General.—In this part (other than in sections 4292(e) and 4321), the term”; (B) by designating the third sentence as subsection (b); (C) in subsection (b), as so designated— (i) by inserting “System Considered to Be a Major System.—” before “A system shall be”; and (ii) by striking “system if (A)” and all that follows and inserting “system if— “(1) the conditions of subsection (c) or (d), as applicable, are satisfied; or “(2) the system is designated a ‘major system’ by the head of the agency responsible for the system.” . (3) Transfer of 2302d(a) and (b).— Subsections (a) and (b) of section 2302d of such title are transferred to section 3041 of such title, as amended by paragraph (2), inserted after subsection (b), as designated by paragraph (2)(B), redesignated as subsections (c) and (d), respectively, and amended— (A) by striking “section 2302(5) of this title” in both subsections and inserting “subsection (b)”; and (B) in subsection (c), as so redesignated— (i) by striking “Systems.—For purposes of” and inserting “ Systems.— “(1) In general.— For purposes of” ; (ii) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (iii) by adding at the end the following new paragraph: “(2) Adjustment authority.— Authority for the Secretary of Defense to adjust amounts and the base fiscal year in effect under this subsection is provided in section 4202(b) of this title.” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1806(c)(2)(A) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3041(a)
Pub. L. 116–283, § 1806(c)(2)(A), redesignated par. (5) of section 2302 of this title as subsec. (a) of this section, realigned margin
Inserted · 10 U.S.C. § 3041(a)
Pub. L. 116–283, § 1806(c)(2)(A), inserted heading
Substituted · 10 U.S.C. § 3041(a)
Pub. L. 116–283, § 1806(c)(2)(A), substituted “In this part (other than in sections 4292(e) and 4321), the term” for “The term”. Former third sentence of subsec. (a) designated (b)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283, § 1806(c)(2)(A), redesignated par. (5) of section 2302 of this title as subsec. (a) of this section, realigned margin, inserted heading, and substituted “In this part (other than in sections 4292(e) and 4321), the term” for “The term”. Former third sentence of subsec. (a) designated (b).Enacted provision · exact public law section
(A) by striking “The term” and inserting “In General.—In this part (other than in sections 4292(e) and 4321), the term”;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1806(c)(2)(B) · 134 Stat. 3388
Amended · 10 U.S.C. § 3041(b)
Pub. L. 116–283, § 1806(c)(2)(B), (C), after transfer of section 2302(5) of this title to subsec. (a) of this section, designated third sentence of subsec. (a) as (b)
Inserted · 10 U.S.C. § 3041(b)
Pub. L. 116–283, § 1806(c)(2)(B), (C), after transfer of section 2302(5) of this title to subsec. (a) of this section, inserted heading
Substituted · 10 U.S.C. § 3041(b)
Pub. L. 116–283, § 1806(c)(2)(B), (C), after transfer of section 2302(5) of this title to subsec. (a) of this section, substituted “system if—” and pars. (1) and (2) for “system if (A) the conditions of section 2302d of this title are satisfied, or (B) the system is designated a ‘major system’ by the head of the agency responsible for the system.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–283, § 1806(c)(2)(B), (C), after transfer of section 2302(5) of this title to subsec. (a) of this section, designated third sentence of subsec. (a) as (b), inserted heading, and substituted “system if—” and pars. (1) and (2) for “system if (A) the conditions of section 2302d of this title are satisfied, or (B) the system is designated a ‘major system’ by the head of the agency responsible for the system.”Enacted provision · exact public law section
(B) by designating the third sentence as subsection (b);William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1806(c)(3) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3041(c)
Pub. L. 116–283, § 1806(c)(3), redesignated subsec. (a) of section 2302d of this title as subsec. (c) of this section
Substituted · 10 U.S.C. § 3041(c)
Pub. L. 116–283, § 1806(c)(3), substituted “subsection (b)” for “section 2302(5) of this title” in introductory provisions
Amended · 10 U.S.C. § 3041(c)
Pub. L. 116–283, § 1806(c)(3), designated existing provisions as par. (1)
Inserted · 10 U.S.C. § 3041(c)
Pub. L. 116–283, § 1806(c)(3), inserted heading
Redesignated · 10 U.S.C. § 3041(c)
Pub. L. 116–283, § 1806(c)(3), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively
Added · 10 U.S.C. § 3041(c)
Pub. L. 116–283, § 1806(c)(3), added par. (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 116–283, § 1806(c)(3), redesignated subsec. (a) of section 2302d of this title as subsec. (c) of this section, substituted “subsection (b)” for “section 2302(5) of this title” in introductory provisions, designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).Enacted provision · exact public law section
(3) Transfer of 2302d(a) and (b).— Subsections (a) and (b) of section 2302d of such title are transferred to section 3041 of such title, as amended by paragraph (2), inserted after subsection (b), as designated by paragraph (2)(B), redesignated as subsections (c) and (d), respectively, and amended— (A) by striking “section 2302(5) of this title” in both subsections and inserting “subsection (b)”; and (B) in subsection (c), as so redesignated— (i) by striking “Systems.—For purposes of” and inserting “ Systems.— “(1) In general.— For purposes of” ; (ii) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (iii) by adding at the end the following new paragraph: “(2) Adjustment authority.— Authority for the Secretary of Defense to adjust amounts and the base fiscal year in effect under this subsection is provided in section 4202(b) of this title.” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1806(c)(3) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3041(d)
Pub. L. 116–283, § 1806(c)(3), redesignated subsec. (b) of section 2302d of this title as subsec. (d) of this section
Substituted · 10 U.S.C. § 3041(d)
Pub. L. 116–283, § 1806(c)(3), substituted “subsection (b)” for “section 2302(5) of this title” in introductory provisions
Source evidence
Code amendment note
Subsec. (d). Pub. L. 116–283, § 1806(c)(3), redesignated subsec. (b) of section 2302d of this title as subsec. (d) of this section and substituted “subsection (b)” for “section 2302(5) of this title” in introductory provisions.Enacted provision · exact public law section
(3) Transfer of 2302d(a) and (b).— Subsections (a) and (b) of section 2302d of such title are transferred to section 3041 of such title, as amended by paragraph (2), inserted after subsection (b), as designated by paragraph (2)(B), redesignated as subsections (c) and (d), respectively, and amended— (A) by striking “section 2302(5) of this title” in both subsections and inserting “subsection (b)”; and (B) in subsection (c), as so redesignated— (i) by striking “Systems.—For purposes of” and inserting “ Systems.— “(1) In general.— For purposes of” ; (ii) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (iii) by adding at the end the following new paragraph: “(2) Adjustment authority.— Authority for the Secretary of Defense to adjust amounts and the base fiscal year in effect under this subsection is provided in section 4202(b) of this title.” .Pub. L. 119–60 § 1804(a)(1)(A) · 139 Stat. 1234
Substituted · 10 U.S.C. § 3041(c)(1)(A)
Pub. L. 119–60, § 1804(a)(1)(A), substituted “$275,000,000 (based on fiscal year 2024 constant dollars)” for “$115,000,000 (based on fiscal year 1990 constant dollars)”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(1)(A). Pub. L. 119–60, § 1804(a)(1)(A), substituted “$275,000,000 (based on fiscal year 2024 constant dollars)” for “$115,000,000 (based on fiscal year 1990 constant dollars)”.Pub. L. 119–60 § 1804(a)(1)(B) · 139 Stat. 1234
Substituted · 10 U.S.C. § 3041(c)(1)(B)
Pub. L. 119–60, § 1804(a)(1)(B), substituted “$1,300,000,000 (based on fiscal year 2024 constant dollars)” for “$540,000,000 (based on fiscal year 1990 constant dollars)”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(1)(B). Pub. L. 119–60, § 1804(a)(1)(B), substituted “$1,300,000,000 (based on fiscal year 2024 constant dollars)” for “$540,000,000 (based on fiscal year 1990 constant dollars)”.Pub. L. 119–60 § 1804(a)(2) · 139 Stat. 1234
Substituted · 10 U.S.C. § 3041(d)(1)
Pub. L. 119–60, § 1804(a)(2), substituted “$2,000,000 (based on fiscal year 2024 constant dollars)” for “$750,000 (based on fiscal year 1980 constant dollars)”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 119–60, § 1804(a)(2), substituted “$2,000,000 (based on fiscal year 2024 constant dollars)” for “$750,000 (based on fiscal year 1980 constant dollars)”.
15 of 18 references resolved to an enrolled provision · 3 unresolved
Editorial Notes
Codification
The text of par. (5) of section 2302 of this title, which was transferred to this section, redesignated as subsecs. (a) and (b), and amended by Pub. L. 116–283, § 1806(c)(2), was based on Pub. L. 98–525, title XII, § 1211, , 98 Stat. 2589; Pub. L. 100–26, § 7(k)(2), , 101 Stat. 284; Pub. L. 104–201, div. A, title VIII, § 805(a)(1), , 110 Stat. 2605.
The text of subsecs. (a) and (b) of section 2302d of this title, which were transferred to this section, redesignated as subsecs. (c) and (d), respectively, and amended by Pub. L. 116–283, § 1806(c)(3), was based on Pub. L. 104–201, div. A, title VIII, § 805(a)(2), , 110 Stat. 2605; Pub. L. 105–85, div. A, title X, § 1073(a)(41), , 111 Stat. 1902.
Amendments2021–2025 · 2 rounds
2025
Subsec. (c)(1)(A). Pub. L. 119–60, § 1804(a)(1)(A), substituted “$275,000,000 (based on fiscal year 2024 constant dollars)” for “$115,000,000 (based on fiscal year 1990 constant dollars)”.
Subsec. (c)(1)(B). Pub. L. 119–60, § 1804(a)(1)(B), substituted “$1,300,000,000 (based on fiscal year 2024 constant dollars)” for “$540,000,000 (based on fiscal year 1990 constant dollars)”.
Subsec. (d)(1). Pub. L. 119–60, § 1804(a)(2), substituted “$2,000,000 (based on fiscal year 2024 constant dollars)” for “$750,000 (based on fiscal year 1980 constant dollars)”.
2021
Subsec. (a). Pub. L. 116–283, § 1806(c)(2)(A), redesignated par. (5) of section 2302 of this title as subsec. (a) of this section, realigned margin, inserted heading, and substituted “In this part (other than in sections 4292(e) and 4321), the term” for “The term”. Former third sentence of subsec. (a) designated (b).
Subsec. (b). Pub. L. 116–283, § 1806(c)(2)(B), (C), after transfer of section 2302(5) of this title to subsec. (a) of this section, designated third sentence of subsec. (a) as (b), inserted heading, and substituted “system if—” and pars. (1) and (2) for “system if (A) the conditions of section 2302d of this title are satisfied, or (B) the system is designated a ‘major system’ by the head of the agency responsible for the system.”
Subsec. (c). Pub. L. 116–283, § 1806(c)(3), redesignated subsec. (a) of section 2302d of this title as subsec. (c) of this section, substituted “subsection (b)” for “section 2302(5) of this title” in introductory provisions, designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).
Subsec. (d). Pub. L. 116–283, § 1806(c)(3), redesignated subsec. (b) of section 2302d of this title as subsec. (d) of this section and substituted “subsection (b)” for “section 2302(5) of this title” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date
Section and amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
Credits
2021–2025 · 2 acts
- 2021Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(c), , 134 Stat. 4154
- 2025Pub. L. 119–60, div. A, title XVIII, § 1804(a), , 139 Stat. 1234.
Show as published
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(c), , 134 Stat. 4154; Pub. L. 119–60, div. A, title XVIII, § 1804(a), , 139 Stat. 1234.)