Title 10Armed ForcesRelease 119-90

§843 Definitions.

Title 10 › Subtitle Subtitle A— General Military Law › Part V— ACQUISITION › Subpart I— Defense Industrial Base › Chapter 385— OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS › Subchapter III— LIMITATIONS ON PROCUREMENT FROM CERTAIN FOREIGN SOURCES › § 843

Last updated May 14, 2026|Official source

Summary

Defines several key words used in the subtitle. Covered activities are five kinds of harmful actions: violence against U.S. or partner personnel; giving money, logistics, training, or intelligence to those violent actors; foreign spying against the United States or its partners; transnational organized crime or other criminal acts; and other actions that put U.S. or partner missions and forces at direct or indirect risk. Covered contract, grant, or cooperative agreement is any such agreement done outside the United States, including its territories. Covered person or entity is any foreign business or similar organization (including a foreign reporting company under section 5336(a)(11)(A)(ii) of title 31) that answers a covered solicitation or works on a covered contract, grant, or cooperative agreement. Definition 4 was repealed on December 23, 2024 (Pub. L. 118–159, div. A, title XVII, § 1701(e), 138 Stat. 2207). Covered procurement action is a head of contracting activity’s step to bar someone from award, end a contract for default, or void a contract in whole or in part. Covered solicitation is any Department of Defense request for work to be done outside the United States. Head of contracting activity has the meaning given in Federal Acquisition Regulation 1.601.

Full Legal Text

Title 10, §843

Armed Forces — Source: USLM XML via OLRC

“In this subtitle:
“(1)The term ‘covered activities’ means activities where a covered person or entity is—
“(A)engaging in acts of violence against personnel of the United States or its partners and allies;
“(B)providing financing, logistics, training, or intelligence to a person described in subparagraph (A);
“(C)engaging in foreign intelligence activities against the United States or its partners and allies;
“(D)engaging in transnational organized crime or criminal activities; or
“(E)engaging in other activities that present a direct or indirect risk to United States or partner and allied missions and forces.
“(2)The term ‘covered contract, grant, or cooperative agreement’ means a contract, grant, or cooperative agreement that is performed outside the United States, including its possessions and territories.
“(3)The term ‘covered person or entity’ means any person, corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity outside of the United States or any foreign reporting company in accordance with section 5336(a)(11)(A)(ii) of title 31, United States Code, that is responding to a covered solicitation or performing work on a covered contract, grant, or cooperative agreement.
“[(4)Repealed. Pub. L. 118–159, div. A, title XVII, § 1701(e), Dec. 23, 2024, 138 Stat. 2207.]
“(5)The term ‘covered procurement action’ means an action taken by a head of contracting activity to—
“(A)exclude a person or commercial entity from an award with or without an existing contract, grant, or cooperative agreement;
“(B)terminate a contract, grant, or cooperative agreement for default; or
“(C)void, in whole or in part, a contract, grant, or cooperative agreement.
“(6)The term ‘covered solicitation’ means any solicitation by the Department of Defense for work for which the place of performance is outside of the United States.
“(7)The term ‘head of contracting activity’ has the meaning described in section 1.601 of the Federal Acquisition Regulation.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 843

Title 10Armed Forces

Last Updated

May 14, 2026

Release point: 119-90