republic-os/legal/us/code/title-10/chapter-321/section-4201.md

type, title, description, jurisdiction, corpus, kind, title_number, title_name, chapter_number, chapter_name, section, citation, status, release_point, release_date, source, source_url, source_identifier, source_file, source_hash, raw_snapshot_hash, text_hash, retrieved_at, confidence, tags

type	title	description	jurisdiction	corpus	kind	title_number	title_name	chapter_number	chapter_name	section	citation	status	release_point	release_date	source	source_url	source_identifier	source_file	source_hash	raw_snapshot_hash	text_hash	retrieved_at	confidence	tags
LegalText	10 U.S.C. § 4201	Major defense acquisition programs: definition; exceptions	us	united_states_code	code_section	10	ARMED FORCES	321	GENERAL MATTERS	4201	10 U.S.C. § 4201	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s4201	data/legal/raw/us/code/title-10/usc10.xml	02c846061104b22f64c9ccb95983a88dbcc39a3ae6f1ae08a8ef462c8950d2b1	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	f27719ac896b8f293d6d12b3c29d5cec351288500f72217149aa2254d3757ede	2026-07-04	official	legal us-code

10 U.S.C. § 4201 - Major defense acquisition programs: definition; exceptions

Text

(a) 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—

(1) that is designated by the Secretary of Defense as a major defense acquisition program; or

(2) 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—

(A) 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

(B) 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).

(b) Exceptions.— In this part, the term “major defense acquisition program” does not include the following:

(1) An acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 3602 of this title.

(2) 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).11 See References in Text note below.

(3) An acquisition program for software and covered hardware as described by section 3603 of this title.

(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1846(b), (c), Jan. 1, 2021, 134 Stat. 4248; Pub. L. 118–159, div. A, title VIII, § 804(c)(2), Dec. 23, 2024, 138 Stat. 1968; Pub. L. 119–60, div. A, title VIII, § 812(a)(9), title XVIII, § 1804(d), Dec. 18, 2025, 139 Stat. 952, 1235.)

Notes

Editorial Notes

References in TextSection 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), Apr. 21, 1987, 101 Stat. 279; Pub. L. 102–484, div. A, title VIII, § 817(b)(1), (2), Oct. 23, 1992, 106 Stat. 2455; Pub. L. 111–23, title II, § 206(b)(1), May 22, 2009, 123 Stat. 1728; Pub. L. 114–328, div. A, title VIII, § 847(a), Dec. 23, 2016, 130 Stat. 2292; Pub. L. 115–91, div. A, title VIII, § 831, Dec. 12, 2017, 131 Stat. 1467.

Amendments2025—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 DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, 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.