Title 10 — Armed Forces
Part V · Chapter 321 — General Matters
§ 4202. Authority to increase definitional threshold amounts: major defense acquisition programs; major systems
Statutory text
Adjustments to Thresholds for Major Defense Acquisition Programs.—
Authority.—
The Secretary of Defense may adjust the amounts (and the base fiscal year) provided in section 4201(a)(2) of this title on the basis of Department of Defense escalation rates.
Matters to be considered.—
For purposes of section 4201(a)(2) of this title, the Secretary shall consider, as applicable, the following:
The estimated level of resources required to fulfill the relevant joint military requirement, as determined by the Joint Requirements Oversight Council pursuant to section 181 of this title.
The cost estimate referred to in section 4251(a)(6) of this title.
The cost estimate referred to in section 4252(a)(1)(C) of this title.
The cost estimate within a baseline description as required by section 4214 of this title.
Adjustment Authority for Major Systems.—
Authority.—
The Secretary of Defense may adjust the amounts and the base fiscal year provided in section 3041(c)(1) of this title on the basis of Department of Defense escalation rates.
Rounding.—
An amount, as adjusted under paragraph (1), that is not evenly divisible by $5,000,000 shall be rounded to the nearest multiple of $5,000,000. In the case of an amount that is evenly divisible by $2,500,000 but not evenly divisible by $5,000,000, the amount shall be rounded to the next higher multiple of $5,000,000.
Notification to Congressional Committees.—
An adjustment under subsection (a) or (b) shall be effective after the Secretary transmits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a written notification of the adjustment.
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. § 4202
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1846(b), (d), (e), Jan. 1, 2021, 134 Stat. 4248, 4249.)
Source evidence
Code source credit
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1846(b), (d), (e), Jan. 1, 2021, 134 Stat. 4248, 4249.)Enacted 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(d)(2)(A) · 134 Stat. 3388
Inserted · 10 U.S.C. § 4202(a)
Pub. L. 116–283, § 1846(d)(2)(A), (B), inserted subsec. heading and par. (1) designation and heading before “The Secretary”
Substituted · 10 U.S.C. § 4202(a)
Pub. L. 116–283, § 1846(d)(2)(A), (B), substituted “in section 4201(a)(2) of this title” for “in subsection (a)(1)(B)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283, § 1846(d)(2)(A), (B), inserted subsec. heading and par. (1) designation and heading before “The Secretary” and substituted “in section 4201(a)(2) of this title” for “in subsection (a)(1)(B)”.Enacted provision · exact public law section
(A) by striking “The Secretary” and inserting “ Adjustments to Thresholds for Major Defense Acquisition Programs.— “(1) Authority.— The Secretary” ;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(d)(1) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 4202(a)
Pub. L. 116–283, § 1846(d)(1), transferred subsecs. (b) and (c) of section 2430 of this title to this section, redesignated subsec. (b) and subsec. (c) and its pars. (1) to (4) as subsec. (a) and subsec. (a)(2) and its subpars. (A) to (D), respectively, realigned margin of subsec. (a)(2)
Redesignated · 10 U.S.C. § 4202(a)
Pub. L. 116–283, § 1846(d)(1), transferred subsecs. (b) and (c) of section 2430 of this title to this section, struck out second sentence of subsec. (a)(1) as redesignated which read as follows: “An adjustment under this subsection shall be effective after the Secretary transmits a written notification of the adjustment to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 1846(d)(1), transferred subsecs. (b) and (c) of section 2430 of this title to this section, redesignated subsec. (b) and subsec. (c) and its pars. (1) to (4) as subsec. (a) and subsec. (a)(2) and its subpars. (A) to (D), respectively, realigned margin of subsec. (a)(2), and struck out second sentence of subsec. (a)(1) as redesignated which read as follows: “An adjustment under this subsection shall be effective after the Secretary transmits a written notification of the adjustment to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.”Enacted provision · exact public law section
(1) Transfer and internal redesignations.— Subsections (b) and (c) of section 2430 of title 10, United States Code, are transferred to section 4202 of such title, as added by subsection (b), inserted after the section heading, and amended— (A) by redesignating subsection (b) as subsection (a); (B) by striking the second sentence of that subsection; and (C) by redesignating subsection (c) as paragraph (2), realigning that paragraph 2 ems to the right, and redesignating paragraphs (1), (2), (3), and (4) therein as subparagraphs (A), (B), (C), and (D), respectively.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(d)(2)(C)(i) · 134 Stat. 3388
Inserted · 10 U.S.C. § 4202(a)(2)
Pub. L. 116–283, § 1846(d)(2)(C)(i), (ii), inserted par. heading before “For purposes of”
Substituted · 10 U.S.C. § 4202(a)(2)
Pub. L. 116–283, § 1846(d)(2)(C)(i), (ii), substituted “section 4201(a)(2) of this title” for “subsection (a)(1)(B)”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 116–283, § 1846(d)(2)(C)(i), (ii), inserted par. heading before “For purposes of” and substituted “section 4201(a)(2) of this title” for “subsection (a)(1)(B)”.Enacted provision · exact public law section
(i) by inserting “Matters to be considered.—” before “For purposes of”;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(d)(2)(C)(iii) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4202(a)(2)(B)
Pub. L. 116–283, § 1846(d)(2)(C)(iii), substituted “section 4251(a)(6)” for “section 2366a(a)(6)”
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 116–283, § 1846(d)(2)(C)(iii), substituted “section 4251(a)(6)” for “section 2366a(a)(6)”.Enacted provision · exact public law section
(iii) in subparagraph (B), as redesignated by paragraph (1)(C), by striking “section 2366a(a)(6)” and inserting “section 4251(a)(6)”;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(d)(2)(C)(iv) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4202(a)(2)(C)
Pub. L. 116–283, § 1846(d)(2)(C)(iv), substituted “section 4252(a)(1)(C)” for “section 2366b(a)(1)(C)”
Source evidence
Code amendment note
Subsec. (a)(2)(C). Pub. L. 116–283, § 1846(d)(2)(C)(iv), substituted “section 4252(a)(1)(C)” for “section 2366b(a)(1)(C)”.Enacted provision · exact public law section
(iv) in subparagraph (C), as so redesignated, by striking “section 2366b(a)(1)(C)” and inserting “section 4252(a)(1)(C)”; andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(d)(2)(C)(v) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4202(a)(2)(D)
Pub. L. 116–283, § 1846(d)(2)(C)(v), substituted “section 4214” for “section 2435”
Source evidence
Code amendment note
Subsec. (a)(2)(D). Pub. L. 116–283, § 1846(d)(2)(C)(v), substituted “section 4214” for “section 2435”.Enacted provision · exact public law section
(v) in subparagraph (D), as so redesignated, by striking “section 2435” and inserting “section 4214”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(e)(2) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4202(b)
Pub. L. 116–283, § 1846(e)(2), substituted “Adjustment Authority for Major Systems” for “Adjustment Authority” in subsec. heading
Inserted · 10 U.S.C. § 4202(b)
Pub. L. 116–283, § 1846(e)(2), inserted par. headings
Substituted · 10 U.S.C. § 4202(b)
Pub. L. 116–283, § 1846(e)(2), substituted “section 3041(c)(1) of this title” for “subsection (a)” in par. (1), and realigned margins of par. (2)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–283, § 1846(e)(2), substituted “Adjustment Authority for Major Systems” for “Adjustment Authority” in subsec. heading, inserted par. headings, substituted “section 3041(c)(1) of this title” for “subsection (a)” in par. (1), and realigned margins of par. (2).Enacted provision · exact public law section
(2) Amendments to new 4202(b).— Subsection (b) of section 4202 of such title, as so transferred and redesignated, is amended— (A) by striking “Adjustment authority.—(1) The Secretary” and inserting “ Adjustment Authority for Major Systems.— “(1) Authority.— The Secretary” ; (B) by striking “subsection (a)” and inserting “section 3041(c)(1) of this title”; and (C) by realigning paragraph (2) 2 ems from the left margin and inserting “Rounding.—” in that paragraph after “(2)”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(e)(1) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 4202(b)
Pub. L. 116–283, § 1846(e)(1), transferred subsec. (c) of section 2302d of this title to subsec. (b) of this section and redesignated par. (3) as subsec. (c)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 1846(e)(1), transferred subsec. (c) of section 2302d of this title to subsec. (b) of this section and redesignated par. (3) as subsec. (c).Enacted provision · exact public law section
(1) Transfer and internal redesignations.— Subsection (c) of section 2302d of title 10, United States Code, is transferred to section 4202 of such title, as added by subsection (b), inserted after subsection (a) of that section, as transferred and amended by subsection (d), and amended— (A) by redesignating such subsection as subsection (b); and (B) by redesignating paragraph (3) thereof as subsection (c).William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(e)(3) · 134 Stat. 3388
Inserted · 10 U.S.C. § 4202(c)
Pub. L. 116–283, § 1846(e)(3), inserted heading
Substituted · 10 U.S.C. § 4202(c)
Pub. L. 116–283, § 1846(e)(3), substituted “under subsection (a) or (b)” for “under this subsection” in text
Source evidence
Code amendment note
Subsec. (c). Pub. L. 116–283, § 1846(e)(3), inserted heading and substituted “under subsection (a) or (b)” for “under this subsection” in text.Enacted provision · exact public law section
(3) Amendments to new 4202(c).— Subsection (c) of section 4202 of such title, as redesignated by paragraph (1), is amended— (A) by inserting “Notification to Congressional Committees.—” before “An adjustment”; and (B) by striking “under this subsection” and inserting “under subsection (a) or (b)”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1846(e)(1)(B) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 4202(c)
Pub. L. 116–283, § 1846(e)(1)(B), redesignated par. (3) of subsec. (b) as subsec. (c)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 1846(e)(1)(B), redesignated par. (3) of subsec. (b) as subsec. (c).Enacted provision · exact public law section
(B) by redesignating paragraph (3) thereof as subsection (c).
17 of 17 references resolved to an enrolled provision
Editorial Notes
Codification
The text of subsecs. (b) and (c) of section 2430 of this title, which was transferred to this section, redesignated as pars. (1) and (2) of subsec. (a), respectively, and amended by Pub. L. 116–283, § 1846(d)(1), (2)(A), was based on Pub. L. 102–484, div. A, title VIII, § 817(b)(3), , 106 Stat. 2455; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), , 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774; Pub. L. 111–23, title II, § 206(b)(2), , 123 Stat. 1728; Pub. L. 113–291, div. A, title X, § 1071(f)(18), , 128 Stat. 3511; Pub. L. 115–91, div. A, title X, § 1081(a)(38), , 131 Stat. 1596.
The text of subsec. (c) of section 2302d of this title, which was transferred to this section and redesignated as subsecs. (b) and (c) by Pub. L. 116–283, § 1846(e)(1), was based on Pub. L. 104–201, div. A, title VIII, § 805(a)(2), , 110 Stat. 2605; Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774.
Amendments
2021—Subsec. (a). Pub. L. 116–283, § 1846(d)(2)(A), (B), inserted subsec. heading and par. (1) designation and heading before “The Secretary” and substituted “in section 4201(a)(2) of this title” for “in subsection (a)(1)(B)”.
Pub. L. 116–283, § 1846(d)(1), transferred subsecs. (b) and (c) of section 2430 of this title to this section, redesignated subsec. (b) and subsec. (c) and its pars. (1) to (4) as subsec. (a) and subsec. (a)(2) and its subpars. (A) to (D), respectively, realigned margin of subsec. (a)(2), and struck out second sentence of subsec. (a)(1) as redesignated which read as follows: “An adjustment under this subsection shall be effective after the Secretary transmits a written notification of the adjustment to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.”
Subsec. (a)(2). Pub. L. 116–283, § 1846(d)(2)(C)(i), (ii), inserted par. heading before “For purposes of” and substituted “section 4201(a)(2) of this title” for “subsection (a)(1)(B)”.
Subsec. (a)(2)(B). Pub. L. 116–283, § 1846(d)(2)(C)(iii), substituted “section 4251(a)(6)” for “section 2366a(a)(6)”.
Subsec. (a)(2)(C). Pub. L. 116–283, § 1846(d)(2)(C)(iv), substituted “section 4252(a)(1)(C)” for “section 2366b(a)(1)(C)”.
Subsec. (a)(2)(D). Pub. L. 116–283, § 1846(d)(2)(C)(v), substituted “section 4214” for “section 2435”.
Subsec. (b). Pub. L. 116–283, § 1846(e)(2), substituted “Adjustment Authority for Major Systems” for “Adjustment Authority” in subsec. heading, inserted par. headings, substituted “section 3041(c)(1) of this title” for “subsection (a)” in par. (1), and realigned margins of par. (2).
Pub. L. 116–283, § 1846(e)(1), transferred subsec. (c) of section 2302d of this title to subsec. (b) of this section and redesignated par. (3) as subsec. (c).
Subsec. (c). Pub. L. 116–283, § 1846(e)(3), inserted heading and substituted “under subsection (a) or (b)” for “under this subsection” in text.
Pub. L. 116–283, § 1846(e)(1)(B), redesignated par. (3) of subsec. (b) as subsec. (c).
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
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1846(b), (d), (e), , 134 Stat. 4248, 4249.)