REVISION TO LAW RELATING TO DISCLOSURES TO LITIGATION SUPPORT CONTRACTORS.

SEC. 802. REVISION TO LAW RELATING TO DISCLOSURES TO LITIGATION SUPPORT CONTRACTORS. (a) In General.— (1) Revised authority to cover disclosures under litigation support contracts.—Chapter 3 of title 10, United States Code, is amended by inserting after section 129c the following new section: “SEC. 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.” . (2) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 129c the following new item: “129d. Disclosure to litigation support contractors.” . (b) Repeal of Superseded Provisions Enacted in Public Law 111-383.—Section 2320 of such title is amended— (1) in subsection (c)(2)— (A) by striking “subsection (a)” and all that follows through “a covered Government” and inserting “subsection (a), allowing a covered Government”; and (B) by striking subparagraph (B); and (2) by striking subsection (g).