Title 10 — Armed Forces
Part V · Chapter 321 — General Matters
§ 4201. Major defense acquisition programs: definition; exceptions
Statutory text
Definition.—
Except as provided under subsection (b), in this part, the term “major defense acquisition program” means a Department of Defense acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and—
that is designated by the Secretary of Defense as a major defense acquisition program; or
in the case of a program that is not a program for the acquisition of an automated information system (either a product or a service), that is estimated by the Secretary of Defense to require—
an eventual total expenditure for research, development, test, and evaluation of more than $1,000,000,000 (based on fiscal year 2024 constant dollars); or
an eventual total expenditure for procurement, including all planned increments or spirals, of more than $4,500,000,000 (based on fiscal year 2024 constant dollars).
Exceptions.—
In this part, the term “major defense acquisition program” does not include the following:
An acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 3602 of this title.
An acquisition program for a defense business system (as defined in section 2222(i)(1) of this title) carried out using the acquisition guidance issued pursuant to section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2223a note).1
An acquisition program for software and covered hardware as described by section 3603 of this title.
Footnotes
- 1 See References in Text note below.
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 § 1846(b) · 134 Stat. 3388
Enacted · 10 U.S.C. § 4201
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1846(b), (c), Jan. 1, 2021, 134 Stat. 4248
Source evidence
Code source credit
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1846(b), (c), Jan. 1, 2021, 134 Stat. 4248Enacted provision · exact public law section
(b) Designation of Revised Subpart F and Insertion of New Chapter 321.— Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232), is amended by inserting before subpart G the following new subpart: “Subpart F— Major Systems, Major Defense Acquisition Programs, and Weapon Systems Development “CHAPTER 321— GENERAL MATTERS “Sec. “4201. Major defense acquisition programs: definition; exceptions. “4202. Authority to increase definitional threshold amounts: major defense acquisition programs; major systems. “4203. Major subprograms. “4204. Milestone decision authority. “4205. Weapon systems for which procurement funding requested in budget: development and procurement schedules. “§ 4201. Major defense acquisition programs: definition; exceptions “§ 4202. Authority to increase definitional threshold amounts: major defense acquisition programs; major systems “§ 4204. Milestone decision authority” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(c)(1) · 134 Stat. 3388
Struck · 10 U.S.C. § 4201
Pub. L. 116–283, § 1846(c)(1), transferred subsec. (a) of section 2430 of this title to this section, struck out par. (1) designation
Inserted · 10 U.S.C. § 4201
Pub. L. 116–283, § 1846(c)(1), transferred subsec. (a) of section 2430 of this title to this section, inserted subsec. (a) heading
Substituted · 10 U.S.C. § 4201
Pub. L. 116–283, § 1846(c)(1), transferred subsec. (a) of section 2430 of this title to this section, substituted “under subsection (b), in this part” for “under paragraph (2), in this chapter”
Redesignated · 10 U.S.C. § 4201
Pub. L. 116–283, § 1846(c)(1), transferred subsec. (a) of section 2430 of this title to this section, redesignated par. (2) as subsec. (b) and subpars. (A) and (B) of subsecs. (a) and (b) as pars. (1) and (2) of subsecs. (a) and (b), respectively
Inserted · 10 U.S.C. § 4201
Pub. L. 116–283, § 1846(c)(1), transferred subsec. (a) of section 2430 of this title to this section, inserted subsec. (b) heading
Substituted · 10 U.S.C. § 4201
Pub. L. 116–283, § 1846(c)(1), transferred subsec. (a) of section 2430 of this title to this section, substituted “In this part” for “In this chapter” in introductory provisions of subsec. (b)
Source evidence
Code amendment note
Pub. L. 116–283, § 1846(c)(1), transferred subsec. (a) of section 2430 of this title to this section, struck out par. (1) designation, inserted subsec. (a) heading, substituted “under subsection (b), in this part” for “under paragraph (2), in this chapter”, redesignated par. (2) as subsec. (b) and subpars. (A) and (B) of subsecs. (a) and (b) as pars. (1) and (2) of subsecs. (a) and (b), respectively, inserted subsec. (b) heading, and substituted “In this part” for “In this chapter” in introductory provisions of subsec. (b).Enacted provision · exact public law section
(1) Headings and internal redesignations.— Subsection (a) of section 2430 of title 10, United States Code, is transferred to section 4201 of such title, as added by subsection (b), inserted after the section heading, and amended— (A) by striking “(1) Except as” and inserting “Definition.—Except as”; (B) by striking “under paragraph (2)” and inserting “under subsection (b)”; (C) by striking “in this chapter” and inserting “in this part”; (D) by redesignating paragraph (2) as subsection (b) and striking “In this chapter” and inserting “Exceptions.—In this part”; and (E) by redesignating subparagraphs (A) and (B) of subsection (a) and of subsection (b), as so redesignated, as paragraphs (1) and (2), respectively.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(c)(2) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4201(a)(2)
Pub. L. 116–283, § 1846(c)(2), substituted “to require—” for “to require”
Inserted · 10 U.S.C. § 4201(a)(2)
Pub. L. 116–283, § 1846(c)(2), inserted subpar. (A) designation before “an eventual total expenditure for research” and subpar. (B) designation before “an eventual total expenditure for procurement”
Substituted · 10 U.S.C. § 4201(a)(2)
Pub. L. 116–283, § 1846(c)(2), substituted “dollars); or” for “dollars) or”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 116–283, § 1846(c)(2), substituted “to require—” for “to require”, inserted subpar. (A) designation before “an eventual total expenditure for research” and subpar. (B) designation before “an eventual total expenditure for procurement” and substituted “dollars); or” for “dollars) or”.Enacted provision · exact public law section
(2) Revisions to new section 4201(a)(2).— Subsection (a)(2) of such section 4201, as redesignated and amended by paragraph (1), is amended— (A) by striking “to require an eventual” and inserting “to require— “(A) an eventual” ; and (B) by striking “or an eventual” and inserting “; or “(B) an eventual” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(c)(3) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4201(b)
Pub. L. 116–283, § 1846(c)(3), in introductory provisions, substituted “include the following:” for “include—”, in par. (1)
Substituted · 10 U.S.C. § 4201(b)
Pub. L. 116–283, § 1846(c)(3), in introductory provisions, substituted “An” for “an” and period at end for “; or” and in par. (2)
Substituted · 10 U.S.C. § 4201(b)
Pub. L. 116–283, § 1846(c)(3), in introductory provisions, substituted “An” for “an”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–283, § 1846(c)(3), in introductory provisions, substituted “include the following:” for “include—”, in par. (1), substituted “An” for “an” and period at end for “; or” and in par. (2), substituted “An” for “an”.Enacted provision · exact public law section
(3) Revisions to new section 4201(b).— Subsection (b) of such section 4201, as redesignated and amended by paragraph (1)(D), is amended— (A) by striking “include—” and inserting “include the following:”; (B) by striking “an” at the beginning of paragraphs (1) and (2), as redesignated by paragraph (1)(E) and inserting “An”; and (C) by striking “; or” at the end of paragraph (1), as so redesignated, and inserting a period.Pub. L. 118–159 div. A title VIII § 804(c)(2) · 138 Stat. 1968
Substituted · 10 U.S.C. § 4201(b)(1)
Pub. L. 118–159, which directed substitution of “section 3602 of this title” for “section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 3201 note prec.)”, was executed by making the substitution for “section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note)” to reflect the probable intent of Congress
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 118–159, which directed substitution of “section 3602 of this title” for “section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 3201 note prec.)”, was executed by making the substitution for “section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note)” to reflect the probable intent of Congress.Pub. L. 119–60 § 1804(d)(1) · 139 Stat. 952
Substituted · 10 U.S.C. § 4201(a)(2)(A)
Pub. L. 119–60, § 1804(d)(1), substituted “$1,000,000,000 (based on fiscal year 2024 constant dollars)” for “$300,000,000 (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. (a)(2)(A). Pub. L. 119–60, § 1804(d)(1), substituted “$1,000,000,000 (based on fiscal year 2024 constant dollars)” for “$300,000,000 (based on fiscal year 1990 constant dollars)”.Pub. L. 119–60 § 1804(d)(2) · 139 Stat. 952
Substituted · 10 U.S.C. § 4201(a)(2)(B)
Pub. L. 119–60, § 1804(d)(2), substituted “$4,500,000,000 (based on fiscal year 2024 constant dollars)” for “$1,800,000,000 (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. (a)(2)(B). Pub. L. 119–60, § 1804(d)(2), substituted “$4,500,000,000 (based on fiscal year 2024 constant dollars)” for “$1,800,000,000 (based on fiscal year 1990 constant dollars)”.Pub. L. 119–60 § 812(a)(9) · 139 Stat. 952
Added · 10 U.S.C. § 4201(b)(3)
Pub. L. 119–60, § 812(a)(9), added par. (3)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 119–60, § 812(a)(9), added par. (3).
13 of 17 references resolved to an enrolled provision · 4 unresolved
Editorial Notes
References in Text
Section 883(e) of the National Defense Authorization Act for Fiscal Year 2016, referred to in subsec. (b)(2), is section 883(e) of Pub. L. 114–92, which is set out as a note preceding section 4571 of this title.
Codification
The text of subsec. (a) of section 2430 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1846(c)(1), was based on Pub. L. 100–26, § 7(b)(2)(A), , 101 Stat. 279; Pub. L. 102–484, div. A, title VIII, § 817(b)(1), (2), , 106 Stat. 2455; Pub. L. 111–23, title II, § 206(b)(1), , 123 Stat. 1728; Pub. L. 114–328, div. A, title VIII, § 847(a), , 130 Stat. 2292; Pub. L. 115–91, div. A, title VIII, § 831, , 131 Stat. 1467.
Amendments2021–2025 · 3 rounds
2025
Subsec. (a)(2)(A). Pub. L. 119–60, § 1804(d)(1), substituted “$1,000,000,000 (based on fiscal year 2024 constant dollars)” for “$300,000,000 (based on fiscal year 1990 constant dollars)”.
Subsec. (a)(2)(B). Pub. L. 119–60, § 1804(d)(2), substituted “$4,500,000,000 (based on fiscal year 2024 constant dollars)” for “$1,800,000,000 (based on fiscal year 1990 constant dollars)”.
Subsec. (b)(3). Pub. L. 119–60, § 812(a)(9), added par. (3).
2024
Subsec. (b)(1). Pub. L. 118–159, which directed substitution of “section 3602 of this title” for “section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 3201 note prec.)”, was executed by making the substitution for “section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note)” to reflect the probable intent of Congress.
2021
Pub. L. 116–283, § 1846(c)(1), transferred subsec. (a) of section 2430 of this title to this section, struck out par. (1) designation, inserted subsec. (a) heading, substituted “under subsection (b), in this part” for “under paragraph (2), in this chapter”, redesignated par. (2) as subsec. (b) and subpars. (A) and (B) of subsecs. (a) and (b) as pars. (1) and (2) of subsecs. (a) and (b), respectively, inserted subsec. (b) heading, and substituted “In this part” for “In this chapter” in introductory provisions of subsec. (b).
Subsec. (a)(2). Pub. L. 116–283, § 1846(c)(2), substituted “to require—” for “to require”, inserted subpar. (A) designation before “an eventual total expenditure for research” and subpar. (B) designation before “an eventual total expenditure for procurement” and substituted “dollars); or” for “dollars) or”.
Subsec. (b). Pub. L. 116–283, § 1846(c)(3), in introductory provisions, substituted “include the following:” for “include—”, in par. (1), substituted “An” for “an” and period at end for “; or” and in par. (2), substituted “An” for “an”.
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 · 3 acts
- 2021Added and amended Pub. L. 116–283, div. A, title XVIII, § 1846(b), (c), , 134 Stat. 4248
- 2024Pub. L. 118–159, div. A, title VIII, § 804(c)(2), , 138 Stat. 1968
- 2025Pub. L. 119–60, div. A, title VIII, § 812(a)(9), title XVIII, § 1804(d), , 139 Stat. 952, 1235.
Show as published
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1846(b), (c), , 134 Stat. 4248; Pub. L. 118–159, div. A, title VIII, § 804(c)(2), , 138 Stat. 1968; Pub. L. 119–60, div. A, title VIII, § 812(a)(9), title XVIII, § 1804(d), , 139 Stat. 952, 1235.)