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32 CFR 518.21 - Collection of fees and fee rates for technical data.

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§ 518.21
Collection of fees and fee rates for technical data.
(a) Fees for technical data. Technical data, other than technical data that discloses critical technology with military or space application, if required to be released under the FOIA, shall be released after the person requesting such technical data pays all reasonable costs attributed to search, duplication and review of the records to be released. Technical data, as used in this section, means recorded information, regardless of the form or method of the recording of a scientific or technical nature (including computer software documentation). This term does not include computer software, or data incidental to contract administration, such as financial and/or management information. Army Activities shall retain the amounts received by such a release, and it shall be merged with and available for the same purpose and the same time period as the appropriation from which the costs were incurred in complying with request. All reasonable costs as used in this sense are the full costs to the Federal Government of rendering the service, or fair market value of the service, whichever is higher. Fair market value shall be determined in accordance with commercial rates in the local geographical area. In the absence of a known market value, charges shall be based on recovery of full costs to the Federal Government. The full costs shall include all direct and indirect costs to conduct the search and to duplicate the records responsive to the request. This cost is to be differentiated from the direct costs allowable for other types of information released under the FOIA. DD Form 2086-1 will be used to annotate fees for technical data. The form is available through normal publication channels.
(b) Waiver. Activities shall waive the payment of costs described in paragraph (a) of this section, which are greater than the costs that would be required for release of this same information if the request is made by a citizen of the United States or a United States corporation, and such citizen or corporation certifies that the technical data requested is required to enable it to submit an offer, or determine whether it is capable of submitting an offer to provide the product to which the technical data relates to the United States or a contractor with the United States. However, Activities may require the citizen or corporation to pay a deposit in an amount equal to not more than the cost of complying with the request, which will be refunded upon submission of an offer by the citizen or corporation;
(1) The release of technical data is requested in order to comply with the terms of an international agreement; or,
(2) The Activity determines that such a waiver is in the interest of the United States.
(c) Fee rates -(1) Costs for a manual search of technical data.
Type Grade Hourly rate ($)
Clerical E9/GS 8 and below 13.25
Minimum Charge 8.30
Notes: Professional and Executive (To be established at actual hourly rate prior to search. A minimum charge will be established at 1/2 hourly rates.
(2) Computer search is based on the total cost of the cpu, input-output devices, and memory capacity of the actual computer configuration. The wage for the computer operator and/or programmer determining how to conduct, and subsequently executing the search will be recorded as part of the computer search.
(d) Duplication costs for technical data.
Type Cost ($)
Aerial photograph, maps, specifications, permits, charts, blueprints, and other technical engineering documents 2.50
Engineering data (microfilm)
a. Aperture cards
Silver duplicate negative, per card .75
When key punched and verified, per card .85
Diazo duplicate negative, per card .65
When key punched and verified, per card .75
b. 35 mm roll film, per frame .50
c. 16 mm roll film, per frame .45
d. Paper prints (engineering drawings), each 1.50
e. Paper reprints of microfilm indices, each .10
(e) Review time costs of technical data.
Type Grade Hourly rate($)
Clerical E9/GS 8 and below 13.25
Minimum Charge 8.30
Code of Federal Regulations - Page 170
Notes: Professional and Executive (To be established at actual hourly rate prior to search. A minimum charge will be established at 1/2 hourly rates.
(f) Other technical data records. Charges for any additional services not specifically consistent with Volume 11A of DoD 7000.14-R, shall be made by Activities at the following rates:
Type Cost ($)
1. Minimum charge for office copy (up to six images) 3.50
2. Each additional image .10
3. Each typewritten page 3.50
4. Certification and validation with seal, each 5.20
5. Hand-drawn plots and sketches, each hour or fraction thereof 12.00

Title 32 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 32.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-03-27; vol. 78 # 59 - Wednesday, March 27, 2013
    1. 78 FR 18473 - The Freedom of Information Act
      GPO FDSys XML | Text
      DEPARTMENT OF DEFENSE, Department of the Army
      Final rule.
      Effective Date: This rule is effective March 27, 2013.
      32 CFR Part 518

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
USC : Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 551 - Definitions

§ 552 - Public information; agency rules, opinions, orders, records, and proceedings

§ 552a - Records maintained on individuals

§ 5101 - Purpose

§ 5102 - Definitions; application

§ 5103 - Determination of applicability

§ 5104 - Basis for grading positions

§ 5105 - Standards for classification of positions

§ 5106 - Basis for classifying positions

§ 5107 - Classification of positions

§ 5108 - Classification of positions above GS–15

§ 5110 - Review of classification of positions

§ 5111 - Revocation and restoration of authority to classify positions

§ 5112 - General authority of the Office of Personnel Management

§ 5113 - Classification records

§ 5115 - Regulations

§ 5332 - The General Schedule

§ 5333 - Minimum rate for new appointments

§ 5334 - Rate on change of position or type of appointment; regulations

§ 5341 - Policy

§ 5342 - Definitions; application

§ 5504 - Biweekly pay periods; computation of pay

§ 5505 - Monthly pay periods; computation of pay

§ 5506 - Computation of extra pay based on standard or daylight saving time

§ 5507 - Officer affidavit; condition to pay

§ 5508 - Officer entitled to leave; effect on pay status

§ 5509 - Appropriations

§ 7154 - Transferred]

USC : Title 10 - ARMED FORCES

§ 130 - Authority to withhold from public disclosure certain technical data

§ 1102 - Confidentiality of medical quality assurance records: qualified immunity for participants

§ 2320 - Rights in technical data

§ 2321 - Validation of proprietary data restrictions

§ 2328 - Release of technical data under Freedom of Information Act: recovery of costs

USC : Title 18 - CRIMES AND CRIMINAL PROCEDURE

§ 798 - Disclosure of classified information

§ 3500 - Demands for production of statements and reports of witnesses

USC : Title 31 - MONEY AND FINANCE

§ 3710

USC : Title 35 - PATENTS

§ 181 - Secrecy of certain inventions and withholding of patent

§ 182 - Abandonment of invention for unauthorized disclosure

§ 183 - Right to compensation

§ 184 - Filing of application in foreign country

§ 185 - Patent barred for filing without license

§ 186 - Penalty

§ 187 - Nonapplicability to certain persons

§ 188 - Rules and regulations, delegation of power

U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 2162 - Classification and declassification of Restricted Data

USC : Title 44 - PUBLIC PRINTING AND DOCUMENTS

§ 33

Presidential Documents

Executive Order ... 12600

Title 32 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 32 CFR 518 after this date.

  • 2013-03-27; vol. 78 # 59 - Wednesday, March 27, 2013
    1. 78 FR 18473 - The Freedom of Information Act
      GPO FDSys XML | Text
      DEPARTMENT OF DEFENSE, Department of the Army
      Final rule.
      Effective Date: This rule is effective March 27, 2013.
      32 CFR Part 518