---
kind: "section"
citation: "10 U.S.C. § 129d"
title: "10"
title_heading: "Armed Forces"
number: "129d"
heading: "Disclosure to litigation support contractors"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/129d"
units:
  - "Subtitle A — General Military Law"
  - "Part I — Organization and General Military Powers"
  - "Chapter 3 — General Powers and Functions"
---

# §129d. Disclosure to litigation support contractors

- (a) **Disclosure Authority.—** An [officer](/usc/10/101.md?p=b-1) or employee of the [Department](/usc/10/101.md?p=a-6) 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)](#a-2-A), [(B)](#a-2-B), or [(C)](#a-2-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](/usc/10/101.md?p=a-6) of Defense to provide litigation support.
  - (2) The term “sensitive information” means confidential commercial, financial, or proprietary information, technical data, or other privileged information.

## Source credit

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