10 USC § 129d - Disclosure to litigation support contractors

---
identifier: "/us/usc/t10/s129d"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 129d - Disclosure to litigation support contractors"
title_number: 10
title_name: "ARMED FORCES"
section_number: "129d"
section_name: "Disclosure to litigation support contractors"
chapter_number: 3
chapter_name: "GENERAL POWERS AND FUNCTIONS"
part_number: "I"
part_name: "ORGANIZATION AND GENERAL MILITARY POWERS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 112–81, div. A, title VIII, § 802(a)(1), Dec. 31, 2011, 125 Stat. 1484.)"
---


# § 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.

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**Source Credit**: (Added Pub. L. 112–81, div. A, title VIII, § 802(a)(1), Dec. 31, 2011, 125 Stat. 1484.)