How To Use the NDAA Pages

Back to NDAA Contents

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle A--Acquisition Policy and Management

P. L. 112-81

House Conference Report 112-329

(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(b) Repeal of Superseded Provisions Enacted in Public Law 111-383- Section 2320 of such title is amended--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).

The House bill contained a provision (sec. 802) that would clarify the authority of the Department of Defense to disclose sensitive information to litigation support contractors.

The Senate amendment contained no similar provision.

The Senate recedes.

House Report 112-078

This section would amend title 10, United States Code, to include a new section relating to the disclosure of confidential commercial, financial or proprietary information, technical data, or other privileged information to a litigation support contractor for the sole purpose of providing litigation support. This section would require the litigation support contractor to execute a contract with the Government agreeing to or acknowledging that any information furnished will be used only for the purpose stated in the contract, that the litigation support contractor will take all precautions necessary to protect the sensitive information, that the sensitive information will not be used by the litigation support contractor to compete against the third party for contracts, and that a violation of any of the above would be basis for the Government to terminate the contract. This section would also repeal a superseded provision in section 2320 of title 10, United States Code.