Sec. 821. Authority for disclosure of certain sensitive information to Department of Defense contractors performing under a Department of Defense federally funded research and development center contract
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Chapter 3 of title 10, United States Code, is amended by inserting after section 129d the following new section: Subject to subsection (b), an officer or employee of the Department of Defense may disclose sensitive information to a Department of Defense contractor performing under a Department of Defense federally funded research and development center contract if the disclosure is for the sole purpose of the performance of administrative, technical or professional services under and within the scope of the contract. Sensitive information may be disclosed under subsection
(a)with respect to a contract described in that subsection only if the contractor agrees to and acknowledges in such contract— that sensitive information furnished to the contractor under the authority of this section will be accessed and used only for the purposes stated in the contract; that the contractor will take all precautions necessary to prevent disclosure of the sensitive information furnished to anyone not authorized access to the information in order to perform such contract; that such sensitive information furnished 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 that the violation of paragraph (1), (2), or
(3)is a basis for the Government to terminate the contract for default or to pursue other such remedies as permitted under the contract or by law. In this section, the term sensitive information means confidential commercial, financial, or proprietary information, technical data, contract performance, contract performance evaluation, management, and administration data, or other privileged information owned by other defense contractors that is exempt from public disclosure under section 552(b)(4) of title 5 or which would otherwise be prohibited from disclosure under section 1832 or 1905 of title 18. . The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 129d the following new item: 129e. Disclosure to Department of Defense contractors performing under a Department of Defense federally funded research and development center contract. .