[USC02] 10 USC 2302d: Major system: definitional threshold amounts
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TEXT OF PART V OF SUBTITLE A (3001 ET SEQ.), EFFECTIVE JANUARY 1, 2022, CURRENTLY SET OUT AS A PREVIEW

10 USC 2302d: Major system: definitional threshold amounts Text contains those laws in effect on July 24, 2021
From Title 10-ARMED FORCESSubtitle A-General Military LawPART IV-SERVICE, SUPPLY, AND PROCUREMENTCHAPTER 137-PROCUREMENT GENERALLY

§2302d. Major system: definitional threshold amounts

(a) Department of Defense Systems.-For purposes of section 2302(5) of this title, a system for which the Department of Defense is responsible shall be considered a major system if-

(1) the total expenditures for research, development, test, and evaluation for the system are estimated to be more than $115,000,000 (based on fiscal year 1990 constant dollars); or

(2) the eventual total expenditure for procurement for the system is estimated to be more than $540,000,000 (based on fiscal year 1990 constant dollars).


(b) Civilian Agency Systems.-For purposes of section 2302(5) of this title, a system for which a civilian agency is responsible shall be considered a major system if total expenditures for the system are estimated to exceed the greater of-

(1) $750,000 (based on fiscal year 1980 constant dollars); or

(2) the dollar threshold for a "major system" established by the agency pursuant to Office of Management and Budget (OMB) Circular A–109, entitled "Major Systems Acquisitions".


(c) Adjustment Authority.-(1) The Secretary of Defense may adjust the amounts and the base fiscal year provided in subsection (a) on the basis of Department of Defense escalation rates.

(2) 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.

(3) An adjustment under this subsection 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.

(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.)

Amendment of Section

Pub. L. 116–283, div. A, title XVIII, §§1801(d), 1806(c)(3), 1846(e)(1), Jan. 1, 2021, 134 Stat. 4151 , 4155, 4249, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is amended as follows:

(1) by transferring subsections (a) and (b) to section 3041(c), (d), respectively, of this title; and

(2) by transferring subsection (c) to section 4202 of this title.

See 2021 Amendment notes below.

Repeal of Section

Pub. L. 116–283, div. A, title XVIII, §§1801(d), 1881(a), Jan. 1, 2021, 134 Stat. 4151 , 4293, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is repealed.

Amendments

2021-Subsecs. (a), (b). Pub. L. 116–283, §1806(c)(3), redesignated subsecs. (a) and (b) as section 3041(c), (d), respectively, of this title.

Subsec. (c). Pub. L. 116–283, §1846(e)(1), redesignated subsec. (c) as section 4202 of this title.

1999-Subsec. (c)(3). Pub. L. 106–65 substituted "and the Committee on Armed Services" for "and the Committee on National Security".

1997-Subsec. (a)(2). Pub. L. 105–85 substituted "procurement for the system is estimated to be" for "procurement of".

Effective Date of 2021 Amendment

Amendment by sections 1806(c)(3) and 1846(e)(1) of Pub. L. 116–283 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.

Effective Date of Repeal

Repeal by section 1881(a) of Pub. L. 116–283 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.