10 U.S.C. § 129d — Disclosure to litigation support contractors

submitted 15 years ago by Pub. L. 112-81 to r/title-10-ARMED-FORCES · 217 words · no verdicts yet

in plain englishAI-generated · not legal advice

Defense Department staff may share sensitive information with a litigation support contractor helping with a lawsuit. The contractor must agree to use it only for that purpose and keep it protected. It can't use the information to compete for other contracts, or the government can end the deal.

(a) Disclosure Authority. A Defense Department officer or employee can share sensitive information with a litigation support contractor if (1) the only reason is to help the government with administrative, technical, or professional litigation support during or in preparation for a lawsuit; and (2) under its contract, the contractor agrees and acknowledges that (A) it will use the sensitive information only for the purposes stated in the contract; (B) it will take every necessary precaution to keep the information from leaking; (C) it won't use the information to compete against anyone else for government or private contracts; and (D) breaking any of those three promises lets the government end the litigation support contract. (b) Definitions. (1) "Litigation support contractor" means a contractor — including an expert or technical consultant — under contract with the Department of Defense to provide litigation support. (2) "Sensitive information" means confidential commercial, financial, or proprietary information, technical data, or other privileged information.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (Added Pub. L. 112–81, div. A, title VIII, § 802(a)(1), Dec. 31, 2011, 125 Stat. 1484.)

history & why it existsrecord from the source credit

2011Enacted · Pub. L. 112-81 · 125 Stat. 1484

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-81 on 2011-12-31.

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