Sec. 802. REVISION TO LAW RELATING TO DISCLOSURES TO LITIGATION SUPPORT CONTRACTORS

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## SEC. 802 REVISION TO LAW RELATING TO DISCLOSURES TO LITIGATION SUPPORT CONTRACTORS ###

(a)In General ####

(1)Revised authority to cover disclosures under litigation support contracts Chapter 3 of title 10, United States Code, is amended by inserting after section 129c the following new section: > > ## “SEC. 129d Disclosure to litigation support contractors > > > ### “(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.” > . ####

(2)Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 129c the following new item:" “129d. Disclosure to litigation support contractors.” ". ###

(b)Repeal of Superseded Provisions Enacted in Public Law 111-383 Section 2320 of such title is amended— ####

(1)in subsection (c)(2)— #####

(A)by striking “subsection (a)” and all that follows through “a covered Government” and inserting “subsection (a), allowing a covered Government”; and #####

(B)by striking subparagraph (B); and ####

(2)by striking subsection (g).

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Pub. L. 111-383

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Sec. 802

REVISION TO LAW RELATING TO DISCLOSURES TO LITIGATION SUPPORT CONTRACTORS

Pub. L.Pub. L. 111-383

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