US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 4201

Major defense acquisition programs: definition; exceptions

(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)
section 3602 of this title An acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under .
(2)
section 2222(i)(1) of this titlePublic Law 114–9210 U.S.C. 2223a1
1 See References in Text note below.
An acquisition program for a defense business system (as defined in ) carried out using the acquisition guidance issued pursuant to section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (; note).
(3)
section 3603 of this title An acquisition program for software and covered hardware as described by .

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

Editorial Notes

References in Text

section 883(e) of Pub. L. 114–92section 4571 of this titleSection 883(e) of the National Defense Authorization Act for Fiscal Year 2016, referred to in subsec. (b)(2), is , which is set out as a note preceding .

Codification

section 2430 of this titlePub. L. 116–283, § 1846(c)(1)Pub. L. 100–26, § 7(b)(2)(A)101 Stat. 279Pub. L. 102–484, div. A, title VIII, § 817(b)(1)106 Stat. 2455Pub. L. 111–23, title II, § 206(b)(1)123 Stat. 1728Pub. L. 114–328, div. A, title VIII, § 847(a)130 Stat. 2292Pub. L. 115–91, div. A, title VIII, § 831131 Stat. 1467The text of subsec. (a) of , which was transferred to this section and amended by , was based on , , ; , (2), , ; , , ; , , ; , , .

Amendments

Pub. L. 119–60, § 1804(d)(1)2025—Subsec. (a)(2)(A). , 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)Subsec. (a)(2)(B). , 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)Subsec. (b)(3). , added par. (3).

Pub. L. 118–159section 3602 of this titlePublic Law 114–9210 U.S.C. 3201Public Law 114–9210 U.S.C. 23022024—Subsec. (b)(1). , which directed substitution of “” for “section 804 of the National Defense Authorization Act for Fiscal Year 2016 (; note prec.)”, was executed by making the substitution for “section 804 of the National Defense Authorization Act for Fiscal Year 2016 (; note)” to reflect the probable intent of Congress.

Pub. L. 116–283, § 1846(c)(1)section 2430 of this title2021—, transferred subsec. (a) of 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).

Pub. L. 116–283, § 1846(c)(2)Subsec. (a)(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”.

Pub. L. 116–283, § 1846(c)(3)Subsec. (b). , 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

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .