Pub. L. 111-383, div. A, tit. VIII, subtit. A, sec. 801
DISCLOSURE TO LITIGATION SUPPORT CONTRACTORS.
SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRACTORS.(a) In General.—Section 2320 of title 10, United States Code, is amended—(1) in subsection (c)(2)—(A) by striking “subsection (a), allowing” and inserting “subsection (a)—“(A) allowing”; and(B) by adding at the end the following new subparagraph:124 STAT. 4254 “(B) allowing a covered litigation support contractor access to and use of any technical, proprietary, or confidential data delivered under a contract 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; or”; and(2) by inserting after subsection (f) the following:“(g) In this section, the term ‘covered litigation support contractor’ means a contractor (including an expert or technical consultant) under contract with the Department of Defense to provide litigation support, which contractor executes a contract with the Government agreeing to and acknowledging—“(1) that proprietary or nonpublic technical data furnished will be accessed and used only for the purposes stated in that contract;“(2) that the covered litigation support contractor will take all reasonable steps to protect the proprietary and nonpublic nature of the technical data furnished to the covered litigation support contractor; and“(3) that such technical data provided to the covered litigation support contractor under the authority of this section shall not be used by the covered litigation support contractor to compete against the third party for Government or non-Government contracts.”.(b) Effective Date.—The amendments made by subsection (a) shall take effect on the date that is 120 days after the date of the enactment of this Act.