10 U.S.C. § 129d (2024)
This is the official text of 10 U.S.C. § 129d (2024), part of Federal (US Code)’s United States Code — the codified general and permanent federal statutes of the United States, organized into more than 50 numbered titles by subject.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Disclosure to litigation support contractors
Official statutory text
(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.
(Added Pub. L. 112–81, div. A, title VIII, §802(a)(1), Dec. 31, 2011, 125 Stat. 1484.)
(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.
(Added Pub. L. 112–81, div. A, title VIII, §802(a)(1), Dec. 31, 2011, 125 Stat. 1484.)
Status: in_force · Read it on the official government site
Need a lawyer in Federal (US Code)?
Find a Federal (US Code) lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.