# § 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)** An acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 3602 of this title.
**1** 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]
See References in Text note below.
**(3)** An acquisition program for software and covered hardware as described by section 3603 of this title.
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**Source Credit**: (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.)
## 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 , which is set out as a note preceding .
### Codification
The text of subsec. (a) of , which was transferred to this section and amended by , was based on , , ; , (2), , ; , , ; , , ; , , .
### Amendments
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)”.
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)”.
Subsec. (b)(3). , added par. (3).
2024—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.
2021—, 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).
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”.
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
Section 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 .