§ 4201. Major defense acquisition programs: definition; exceptions

• (a) 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) 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). 1 1 See References in Text note below.
  • (3) An acquisition program for software and covered hardware as described by section 3603 of this title .