Title 10 — Armed ForcesRelease 119-73not60

§129d Disclosure to Litigation Support Contractors

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

Last updated Apr 3, 2026|Official source

Summary

The Department of Defense can give sensitive information to a contractor who helps with legal cases, but only when the information is shared just to provide administrative, technical, or professional support before or during a legal matter. The contractor’s contract must say the contractor will use the information only for that help, keep it secure, not use it to compete for other contracts, and know that breaking these rules can end the contract. Litigation support contractor — a contractor (including experts or consultants) hired by the Department of Defense to help with legal work. Sensitive information — confidential commercial, financial, proprietary, technical, or other privileged information.

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 3, 2026

Release point: 119-73not60