US Code

Public Law 119-88 (05/04/2026)

10 U.S.C. § 3775

Definitions

(a)

Covered Government Support Contractor Defined .—

In this subchapter, the term “covered Government support contractor” means a contractor under a contract the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government’s management and oversight of a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort), which contractor—
(1)
is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and
(2)
executes a contract with the Government agreeing to and acknowledging—
(A)
that proprietary or nonpublic technical data furnished will be accessed and used only for the purposes stated in that contract;
(B)
that the covered Government support contractor will enter into a non-disclosure agreement with the contractor to whom the rights to the technical data belong;
(C)
that the covered Government support contractor will take all reasonable steps to protect the proprietary and nonpublic nature of the technical data furnished to the covered Government support contractor during the program or effort for the period of time in which the Government is restricted from disclosing the technical data outside of the Government;
(D)
that a breach of that contract by the covered Government support contractor with regard to a third party’s ownership or rights in such technical data may subject the covered Government support contractor—
(i)
to criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and
(ii)
to civil actions for damages and other appropriate remedies by the contractor or subcontractor whose technical data is affected by the breach; and
(E)
that such technical data provided to the covered Government support contractor under the authority of this section shall not be used by the covered Government support contractor to compete against the third party for Government or non-Government contracts.
(b)

Additional Definitions .—

section 4401 of this titleIn this subchapter, the terms “major system component”, “modular system interface”, and “modular open system approach” have the meanings provided in .

Pub. L. 116–283, div. A, title XVIII, § 1833(a)(1)134 Stat. 4226 (Added and amended , (f), , , 4230.)

Editorial Notes

Codification

section 2320 of this titlePub. L. 116–283, § 1833(f)(1)Pub. L. 111–84, div. A, title VIII, § 821(b)123 Stat. 2411 Pub. L. 114–328, div. A, title VIII, § 809(d)(1)130 Stat. 2267 Pub. L. 115–91, div. A, title VIII, § 835(c)(1)131 Stat. 1471 The text of subsec. (g) of , which was transferred to this section, redesignated as subsec. (a), and amended by , (2)(A), was based on , , ; , , ; , , .

section 2320 of this titlePub. L. 116–283, § 1833(f)Pub. L. 114–328, div. A, title VIII, § 809(d)(2)130 Stat. 2267 Pub. L. 115–91, div. A, title VIII, § 835(c)(1)131 Stat. 1471 Pub. L. 116–283, div. A, title VIII, § 804(b)(2)(A)(ii)134 Stat. 3739 The text of subsec. (h) of , which was transferred to this section, redesignated as subsec. (b), and amended by , was based on , , ; , , ; , , .

Amendments

Pub. L. 116–283, § 1833(f)(1)section 2320 of this title2021—Subsec. (a). , (2)(A), redesignated subsec. (g) of as subsec. (a) of this section and substituted “In this subchapter,” for “In this section,” in introductory provisions.

Pub. L. 116–283, § 1833(f)section 2320 of this titleSubsec. (b). , redesignated subsec. (h) of as subsec. (b) of this section and substituted “In this subchapter,” for “In this section,” and “section 4401” for “section 2446a”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .