10 U.S.C. § 4202 — Authority to increase definitional thresh-

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 of this title 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 sub- secs. (a) and (b) as pars. (1) and (2) of subsecs. (a) and (b), respectively, inserted subsec. (b) heading, and sub- stituted ‘‘In this part’’ for ‘‘In this chapter’’ in intro- ductory provisions of subsec. (b). Subsec. (a)(2). Pub. L. 116–283, § 1846(c)(2), substituted ‘‘to require—’’ for ‘‘to require’’, inserted subpar. (A) designation before ‘‘an eventual total expenditure for research’’ and subpar. (B) designation before ‘‘an even- tual total expenditure for procurement’’ and sub- stituted ‘‘dollars); or’’ for ‘‘dollars) or’’. Subsec. (b). Pub. L. 116–283, § 1846(c)(3), in introduc- tory 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 Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. § 4202. Authority to increase definitional thresh- old amounts: major defense acquisition pro- grams; major systems (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 on the basis of Department of Defense esca- lation rates. (2) MATTERS TO BE CONSIDERED.—For pur- poses of section 4201(a)(2) of this title, the Sec- retary shall consider, as applicable, the fol- lowing: (A) The estimated level of resources re- quired to fulfill the relevant joint military requirement, as determined by the Joint Re- quirements Oversight Council pursuant to section 181 of this title. (B) The cost estimate referred to in sec- tion 4251(a)(6) of this title. (C) The cost estimate referred to in section 4252(a)(1)(C) of this title. (D) The cost estimate within a baseline de- scription as required by section 4214 of this title. (b) ADJUSTMENT AUTHORITY FOR MAJOR SYS- TEMS.— (1) AUTHORITY.—The Secretary of Defense may adjust the amounts and the base fiscal year provided in section 3041(c)(1) of this title on the basis of Department of Defense esca- lation rates. (2) ROUNDING.—An amount, as adjusted under paragraph (1), that is not evenly divis- ible by $5,000,000 shall be rounded to the near- est 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 COMMIT- TEES.—An adjustment under subsection (a) or (b) shall be effective after the Secretary transmits to the Committee on Armed Services of the Sen- ate and the Committee on Armed Services of the House of Representatives a written notification of the adjustment. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1846(b), (d), (e), Jan. 1, 2021, 134 Stat. 4248, 4249.) Editorial Notes CODIFICATION The text of subsecs. (b) and (c) of section 2430 of this title, which was transferred to this section, redesig- nated as pars. (1) and (2) of subsec. (a), respectively, and amended by Pub. L. 116–283, § 1846(d)(1), (2)(A), was based on Pub. L. 102–484, div. A, title VIII, § 817(b)(3), 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)(2), 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. 115–91, div. A, title X, § 1081(a)(38), Dec. 12, 2017, 131 Stat. 1596. The text of subsec. (c) of section 2302d of this title, which was transferred to this section and redesignated as subsecs. (b) and (c) by Pub. L. 116–283, § 1846(e)(1), was based on Pub. L. 104–201, div. A, title VIII, § 805(a)(2), Sept. 23, 1996, 110 Stat. 2605; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 1846(d)(2)(A), (B), inserted subsec. heading and par. (1) designation and Page 2696 TITLE 10—ARMED FORCES § 4203 heading before ‘‘The Secretary’’ and substituted ‘‘in section 4201(a)(2) of this title’’ for ‘‘in subsection (a)(1)(B)’’. Pub. L. 116–283, § 1846(d)(1), transferred subsecs. (b) and (c) of section 2430 of this title to this section, redes- ignated subsec. (b) and subsec. (c) and its pars. (1) to (4) as subsec. (a) and subsec. (a)(2) and its subpars. (A) to (D), respectively, realigned margin of subsec. (a)(2), and struck out second sentence of subsec. (a)(1) as redesig- nated which read as follows: ‘‘An adjustment under this subsection shall be effective after the Secretary trans- mits a written notification of the adjustment to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Rep- resentatives.’’ Subsec. (a)(2). Pub. L. 116–283, § 1846(d)(2)(C)(i), (ii), in- serted par. heading before ‘‘For purposes of’’ and sub- stituted ‘‘section 4201(a)(2) of this title’’ for ‘‘subsection (a)(1)(B)’’. Subsec. (a)(2)(B). Pub. L. 116–283, § 1846(d)(2)(C)(iii), substituted ‘‘section 4251(a)(6)’’ for ‘‘section 2366a(a)(6)’’. Subsec. (a)(2)(C). Pub. L. 116–283, § 1846(d)(2)(C)(iv), substituted ‘‘section 4252(a)(1)(C)’’ for ‘‘section 2366b(a)(1)(C)’’. Subsec. (a)(2)(D). Pub. L. 116–283, § 1846(d)(2)(C)(v), substituted ‘‘section 4214’’ for ‘‘section 2435’’. Subsec. (b). Pub. L. 116–283, § 1846(e)(2), substituted ‘‘Adjustment Authority for Major Systems’’ for ‘‘Ad- justment Authority’’ in subsec. heading, inserted par. headings, substituted ‘‘section 3041(c)(1) of this title’’ for ‘‘subsection (a)’’ in par. (1), and realigned margins of par. (2). Pub. L. 116–283, § 1846(e)(1), transferred subsec. (c) of section 2302d of this title to subsec. (b) of this section and redesignated par. (3) as subsec. (c). Subsec. (c). Pub. L. 116–283, § 1846(e)(3), inserted head- ing and substituted ‘‘under subsection (a) or (b)’’ for ‘‘under this subsection’’ in text. Pub. L. 116–283, § 1846(e)(1)(B), redesignated par. (3) of subsec. (b) as subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. § 4203. Major subprograms (a) AUTHORITY TO DESIGNATE MAJOR SUBPRO- GRAMS AS SUBJECT TO ACQUISITION REPORTING REQUIREMENTS.—(1)(A) If the Secretary of De- fense determines that a major defense acquisi- tion program requires the delivery of two or more categories of end items which differ sig- nificantly from each other in form and function, the Secretary may designate each such category of end items as a major subprogram for the pur- poses of acquisition reporting under this sub- part. (B) If the Secretary of Defense determines that a major defense acquisition program re- quires the delivery of two or more increments or blocks, the Secretary may designate each such increment or block as a major subprogram for the purposes of acquisition reporting under this subpart. (2) The Secretary shall notify the congres- sional defense committees in writing of any pro- posed designation pursuant to paragraph (1) not less than 30 days before the date such designa- tion takes effect. (b) REPORTING REQUIREMENTS.—(1) If the Sec- retary designates a major subprogram of a major defense acquisition program in accord- ance with subsection (a), Selected Acquisition Reports, unit cost reports, and program base- lines under this subpart shall reflect cost, sched- ule, and performance information— (A) for the major defense acquisition pro- gram as a whole (other than as provided in paragraph (2)); and (B) for each major subprogram of the major defense acquisition program so designated. (2) For a major defense acquisition program for which a designation of a major subprogram has been made under subsection (a), unit costs under this subpart shall be submitted in accord- ance with the definitions in subsection (d). (c) REQUIREMENT TO COVER ENTIRE MAJOR DE- FENSE ACQUISITION PROGRAM.—If a subprogram of a major defense acquisition program is des- ignated as a major subprogram under subsection (a), all other elements of the major defense ac- quisition program shall be appropriately orga- nized into one or more subprograms under the major defense acquisition program, each of which subprograms, as so organized, shall be treated as a major subprogram under subsection (a). (d) DEFINITIONS.—Notwithstanding paragraphs (1) and (2) of section 4351(a) of this title, in the case of a major defense acquisition program for which the Secretary has designated one or more major subprograms under this section for the purposes of this subpart— (1) the term ‘‘program acquisition unit cost’’ applies at the level of the subprogram and means the total cost for the development and procurement of, and specific military con- struction for, the major defense acquisition program that is reasonably allocable to each such major subprogram, divided by the rel- evant number of fully-configured end items to be produced under such major subprogram; (2) the term ‘‘procurement unit cost’’ applies at the level of the subprogram and means the total of all funds programmed to be available for obligation for procurement for each such major subprogram, divided by the number of fully-configured end items to be procured under such major subprogram; (3) the term ‘‘major contract’’, with respect to a designated major subprogram, means each of the six largest prime, associate, or Govern- ment furnished equipment contracts under the subprogram that is in excess of $40,000,000 and that is not a firm-fixed price contract; and (4) the term ‘‘life cycle cost’’, with respect to a designated major subprogram, means all costs of development, procurement, military construction, and operations and support, without regard to funding source or manage- ment control. (Added Pub. L. 110–417, [div. A], title VIII, § 811(a)(1), Oct. 14, 2008, 122 Stat. 4520, § 2430a; amended Pub. L. 111–383, div. A, title VIII, § 814(a), Jan. 7, 2011, 124 Stat. 4266; Pub. L. 112–81, div. A, title IX, § 912, Dec. 31, 2011, 125 Stat. 1536; Pub. L. 114–328, div. A, title VIII, § 850, Dec. 23, 2016, 130 Stat. 2295; renumbered § 4203 and amend- ed Pub. L. 116–283, div. A, title XVIII, § 1846(g),