124 STAT. 4254 PUBLIC LAW 111–383—JAN. 7, 2011 ‘‘(B) allowing a covered litigation support contractor access to and use of any technical, proprietary, or confiden- tial 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 con- tractor’ means a contractor (including an expert or technical consult- ant) 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 litiga- tion 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-Govern- ment 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. SEC. 802. DESIGNATION OF ENGINE DEVELOPMENT AND PROCURE- MENT PROGRAM AS MAJOR SUBPROGRAM. (a) DESIGNATION AS MAJOR SUBPROGRAM.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall designate an engine development and procurement program as a major subprogram of the F–35 Lightning II aircraft major defense acquisition program, in accordance with section 2430a of title 10, United States Code. (b) ORIGINAL BASELINE.—For purposes of reporting require- ments referred to in section 2430a(b) of title 10, United States Code, for the major subprogram designated under subsection (a), the Secretary shall use the Milestone B decision as the original baseline for the subprogram. (c) ACTIONS FOLLOWING CRITICAL COST GROWTH.— (1) IN GENERAL.—Subject to paragraph (2), to the extent that the Secretary elects to restructure the Lightning II aircraft major defense acquisition program subsequent to a reassess- ment and actions required by subsections (a) and (c) of section 2433a of title 10, United States Code, during fiscal year 2010, and also conducts such reassessment and actions with respect to an F–35 engine development and procurement program (including related reporting based on the original baseline as defined in subsection (c)), the requirements of section 2433a of such title with respect to a major subprogram designated under subsection (a) shall be considered to be met with respect to the major subprogram. (2) LIMITATION.—Actions taken in accordance with para- graph (1) shall be considered to meet the requirements of section 2433a of title 10, United States Code, with respect Deadline. 10 USC 2320 note. Definition.
