Title 10 — Armed ForcesRelease 119-73

§129d Disclosure to litigation support contractors

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART I— - ORGANIZATION AND GENERAL MILITARY POWERS › Chapter CHAPTER 3— - GENERAL POWERS AND FUNCTIONS › § 129d

Last updated Apr 6, 2026|Official source

Summary

Allows a Department of Defense employee to give sensitive information to a litigation support contractor only to help with government legal cases, while a case is happening or being prepared. The contractor must agree in the contract to use the information only for that work, keep it secure, not use it to compete for government or private contracts, and know that breaking these promises can get their contract ended. litigation support contractor — a person or company (including experts or consultants) hired by the Department of Defense to help with legal cases. sensitive information — private business, financial, technical, or other protected data.

Full Legal Text

Title 10, §129d

Armed Forces — Source: USLM XML via OLRC

(a)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)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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 129d

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73