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

Subtitle A--Acquisition Policy and Management

P. L. 111-

Joint Explanatory Statement of the Committees on Armed Services of the U. S. Senate and House of Representatives on H. R. 6523

From H. R. 6523

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:

`(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.

From H.R. 5136:  National Defense Authorization Act for Fiscal Year 2011

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 inserting `or covered litigation support contractor' after `covered Government support contractor'; and

(B) by inserting after `oversight of' the following: `, or preparation for litigation relating to,'; 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.

The House bill contained a provision (sec. 801) that would amend section 2320 of title 10, United States Code, to address the protections applicable when non-public information is disclosed to litigation support contractors.

The Senate committee-reported bill contained no similar provision. The agreement includes the House provision with a clarifying amendment.

From H. Rpt. 111-491, accompanying H. R. 5136, the NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

SECTION 801--DISCLOSURE TO LITIGATION SUPPORT CONTRACTORS

This section would amend section 2320 of title 10, United States Code, to allow the Secretary of Defense to disclose technical data to a litigation support contractor for the purpose of assisting the Department of Defense in preparing for litigation. This section would require that the litigation support contractor: use the technical data only for the purpose of fulfilling its contract with the Department; take all reasonable steps to protect the technical data; and not use the technical data to compete with the owner of the technical data on any government or non-government contract. This section would take effect 120 days after the date of enactment of this Act.