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10 U.S.C. § 4202 — Authority to increase definitional threshold amounts: major defense acquisition programs; major systems
Federal law — U.S. Code and appendices · legal_authorities
**(a) Adjustments to Thresholds for Major Defense Acquisition Programs.—**
(1) **Authority.—** — The Secretary of Defense may adjust the amounts (and the base fiscal year) provided in [section 4201(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201/a/2&num=0&edition=prelim) on the basis of Department of Defense escalation rates.
(2) **Matters to be considered.—** — For purposes of [section 4201(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201/a/2&num=0&edition=prelim), the Secretary shall consider, as applicable, the following:
(A) The estimated level of resources required to fulfill the relevant joint military requirement, as determined by the Joint Requirements Oversight Council pursuant to [section 181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section181&num=0&edition=prelim).
(B) The cost estimate referred to in [section 4251(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4251/a/6&num=0&edition=prelim).
(C) The cost estimate referred to in [section 4252(a)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4252/a/1/C&num=0&edition=prelim).
(D) The cost estimate within a baseline description as required by [section 4214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4214&num=0&edition=prelim).
**(b) Adjustment Authority for Major Systems.—**
(1) **Authority.—** — The Secretary of Defense may adjust the amounts and the base fiscal year provided in [section 3041(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3041/c/1&num=0&
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Source file: Laws/federal/codes/united-states-code/title-10/section-4202-authority-to-increase-definitional-threshold-amounts-major-defense-acqui--7c806905bf.md
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Source location: Title 10, Chapter 321, § 4202; chapter-321-general-matters.md
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**(a) Adjustments to Thresholds for Major Defense Acquisition Programs.—**
(1) **Authority.—** — The Secretary of Defense may adjust the amounts (and the base fiscal year) provided in [section 4201(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201/a/2&num=0&edition=prelim) on the basis of Department of Defense escalation rates.
(2) **Matters to be considered.—** — For purposes of [section 4201(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201/a/2&num=0&edition=prelim), the Secretary shall consider, as applicable, the following:
(A) The estimated level of resources required to fulfill the relevant joint military requirement, as determined by the Joint Requirements Oversight Council pursuant to [section 181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section181&num=0&edition=prelim).
(B) The cost estimate referred to in [section 4251(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4251/a/6&num=0&edition=prelim).
(C) The cost estimate referred to in [section 4252(a)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4252/a/1/C&num=0&edition=prelim).
(D) The cost estimate within a baseline description as required by [section 4214 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4214&num=0&edition=prelim).
**(b) Adjustment Authority for Major Systems.—**
(1) **Authority.—** — The Secretary of Defense may adjust the amounts and the base fiscal year provided in [section 3041(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3041/c/1&num=0&edition=prelim) on the basis of Department of Defense escalation rates.
(2) **Rounding.—** — An amount, as adjusted under paragraph (1), that is not evenly divisible by $5,000,000 shall be rounded to the nearest multiple of $5,000,000. In the case of an amount that is evenly divisible by $2,500,000 but not evenly divisible by $5,000,000, the amount shall be rounded to the next higher multiple of $5,000,000.
**(c) Notification to Congressional Committees.—** An adjustment under subsection (a) or (b) shall be effective after the Secretary transmits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a written notification of the adjustment.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** There is a Joint Requirements Oversight Council in the Department of Defense.
**(b) Mission.—** In addition to other matters assigned to it by the President or Secretary of Defense, the Joint Requirements Oversight Council shall assist the Chairman of the Joint Chiefs of Staff in—
(1) evaluating global trends, emerging threats, and adversary capabilities to inform understanding of joint operational problems and to shape joint force design;
(2) coordinating with commanders of combatant commands to compile, refine, and prioritize joint operational problems;
(3) continuously reviewing and assessing joint military capabilities of elements of the Department of Defense listed in [section 111(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section111/b&num=0&edition=prelim) in a manner that meets applicable requirements in the national defense strategy under [section 113(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113/g&num=0&edition=prelim);
(4) identifying and prioritizing gaps and opportunities in joint military capabilities, including making recommendations for changes to address such capability and capacity gaps;
(5) identifying advances in technology, innovative commercial solutions, and concepts of operation that could improve the military advantage of the joint force;
(6) recommending joint capability requirements that—
(A) describe the joint operational problem to provide necessary context for the joint capability requirement;
(B) proposes nonprescriptive solutions to joint operational problems; and
(C) ensures system interoperability, where appropriate, between and among joint military capabilities;
(7) designing the joint force in a manner t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 181
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 104–201, div. A, title VIII, § 805(a)(2), Sept. 23, 1996, 110 Stat. 2605; amended Pub. L. 105–85, div. A, title X, § 1073(a)(41), Nov. 18, 1997, 111 Stat. 1902; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 116–283, div. A, title XVIII, §§ 1806(c)(3), 1846(e)(1), Jan. 1, 2021, 134 Stat. 4155, 4249, related to definitional threshold amounts of a major system.
#### Effective Date of Repeal
Repeal 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 a note preceding [section 3001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2302d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 100–26, § 7(b)(2)(A), Apr. 21, 1987, 101 Stat. 279; amended Pub. L. 102–484, div. A, title VIII, § 817(b), Oct. 23, 1992, 106 Stat. 2455; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 111–23, title II, § 206(b), May 22, 2009, 123 Stat. 1728; Pub. L. 113–291, div. A, title X, § 1071(f)(18), Dec. 19, 2014, 128 Stat. 3511; Pub. L. 114–92, div. A, title VIII, § 825(a), Nov. 25, 2015, 129 Stat. 907; Pub. L. 114–328, div. A, title VIII, §§ 807(b), 847(a), Dec. 23, 2016, 130 Stat. 2261, 2292; Pub. L. 115–91, div. A, title VIII, § 831, title X, § 1081(a)(38), Dec. 12, 2017, 131 Stat. 1467, 1596; Pub. L. 116–283, div. A, title XVIII, § 1846(c)(1), (d)(1), (f)(1), Jan. 1, 2021, 134 Stat. 4248–4250, defined major defense acquisition program. See sections 4201, 4202(a), and 4204 of this title.
#### Effective Date of Repeal
Repeal 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 a note preceding [section 3001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2430
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Baseline Description Requirement.—**
(1) The Secretary of a military department shall establish a baseline description for each major defense acquisition program and for each designated major subprogram under the program under the jurisdiction of such Secretary.
(2) The baseline shall include sufficient parameters to describe the cost estimate (referred to as the “Baseline Estimate” in sections 4371 through 4375 of this title), schedule, performance, supportability, and any other factor of such major defense acquisition program or designated major subprogram.
**(b) Funding Limit.—** No amount appropriated or otherwise made available to the Department of Defense for carrying out a major defense acquisition program or any designated major subprogram under the program may be obligated after the program or subprogram enters system development and demonstration without an approved baseline description unless such obligation is specifically approved by the Under Secretary of Defense for Acquisition and Sustainment.
**(c) Schedule.—** A baseline description for a major defense acquisition program or any designated major subprogram under the program shall be prepared under this section—
(1) before the program or subprogram enters system development and demonstration;
(2) before the program or subprogram enters production and deployment; and
(3) before the program or subprogram enters full rate production.
**(d) Original Baseline Estimate.—**
(1) In this subpart, the term “original Baseline Estimate”, with respect to a major defense acquisition program or any designated major subprogram under the program, means the baseline description established with respect to the program or subprogram under subsection (a) prepared before the program or subprogram enters system
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4214
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this chapter:
(1) **Program acquisition unit cost; procurement unit cost; major contract.—** — Except as provided in [section 4203(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4203/d&num=0&edition=prelim), the terms “program acquisition unit cost”, “procurement unit cost”, and “major contract” have the same meanings as provided in [section 4351(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4351/a&num=0&edition=prelim).
(2) **Significant cost growth threshold.—** — The term “significant cost growth threshold” means the following:
(A) In the case of a major defense acquisition program or designated major defense subprogram, a percentage increase in the program acquisition unit cost for the program or subprogram of—
(i) at least 15 percent over the program acquisition unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; or
(ii) at least 30 percent over the program acquisition unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
(B) In the case of a major defense acquisition program or designated major defense subprogram that is a procurement program, a percentage increase in the procurement unit cost for the program or subprogram of—
(i) at least 15 percent over the procurement unit cost for the program or subprogram as shown in the current Baseline Estimate for the program or subprogram; or
(ii) at least 30 percent over the procurement unit cost for the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.
(3) **Critical cost growth threshold.—** — The term “criti
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4371
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Federal law — U.S. Code and appendices · legal_authorities
Page 2695
TITLE 10—ARMED FORCES
§ 4202
1 See References in Text note below.
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
(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.)
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
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.
AMENDMENTS
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 Fis-
cal 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
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4202
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