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)
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).
(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.)