(a) Disclosure Authority.—An officer or employee of the Department of Defense may disclose sensitive information to a litigation support contractor if—(1) the disclosure is for the sole purpose of providing litigation support to the Government in the form of administrative, technical, or professional services during or in anticipation of litigation; and
(2) under a contract with the Government, the litigation support contractor agrees to and acknowledges—(A) that sensitive information furnished will be accessed and used only for the purposes stated in the relevant contract;
(B) that the contractor will take all precautions necessary to prevent disclosure of the sensitive information provided to the contractor;
(C) that such sensitive information provided to the contractor under the authority of this section shall not be used by the contractor to compete against a third party for Government or non-Government contracts; and
(D) that the violation of subparagraph (A), (B), or (C) is a basis for the Government to terminate the litigation support contract of the contractor.
(b) Definitions.—In this section:(1) The term “litigation support contractor” means a contractor (including an expert or technical consultant) under contract with the Department of Defense to provide litigation support.
(2) The term “sensitive information” means confidential commercial, financial, or proprietary information, technical data, or other privileged information.
Structure US Code
Subtitle A— General Military Law
PART I— ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 3— GENERAL POWERS AND FUNCTIONS
§ 122a. Public availability of Department of Defense reports required by law
§ 123. Authority to suspend officer personnel laws during war or national emergency
§ 123b. Forces stationed abroad: limitation on number
§ 125. Functions, powers, and duties: transfer, reassignment, consolidation, or abolition
§ 125a. Reform: improvement of efficacy and efficiency
§ 126. Transfer of funds and employees
§ 127. Emergency and extraordinary expenses
§ 127a. Operations for which funds are not provided in advance: funding mechanisms
§ 127b. Department of Defense rewards program
§ 127c. Purchase of weapons overseas: force protection
§ 127e. Support of special operations to combat terrorism
§ 129. Civilian personnel management
§ 129a. General policy for total force management
§ 129b. Authority to procure personal services
§ 129c. Medical personnel: limitations on reductions
§ 129d. Disclosure to litigation support contractors
§ 130. Authority to withhold from public disclosure certain technical data
§ 130f. Notification requirements for sensitive military operations
§ 130h. Prohibitions relating to missile defense information and systems
§ 130i. Protection of certain facilities and assets from unmanned aircraft