(1)The Secretary of Defense shall, if required to release technical data under section
552 of title
5 (relating to the Freedom of Information Act), release such technical data to the person requesting the release if the person pays all reasonable costs attributable to search, duplication, and review.
(2)The Secretary of Defense shall prescribe regulations, pursuant to notice and receipt of public comment, specifying a uniform schedule of fees under this section.
(b) Crediting of Receipts.— An amount received under this section—
(1)shall be retained by the Department of Defense or the element of the Department of Defense receiving the amount; and
(2)shall be merged with and available for the same purpose and the same time period as the appropriation from which the costs incurred in complying with requests for technical data were paid.
(c) Waiver.— The Secretary of Defense shall waive the payment of costs required by subsection (a) which are in an amount greater than the costs that would be required for such a release of information under section
552 of title
(1)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 such citizen or corporation 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 (except that the Secretary 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, to be refunded upon submission of an offer by the citizen or corporation);
(2)the release of technical data is requested in order to comply with the terms of an international agreement; or
(3)the Secretary determines, in accordance with section
552(a)(4)(A)(iii) of title
5, that such a waiver is in the interests of the United States.
A prior section
2328 was renumbered section
2348 of this title.
1987—Pub. L. 100–26, § 7(a)(7)(B)(i), substituted “Release of technical data under Freedom of Information Act: recovery of costs” for “Release of technical data” in section catchline.
Subsec. (a)(1). Pub. L. 100–26, § 7(a)(7)(A)(i)(I), substituted “such technical data to the person requesting the” for “technical data to a person requesting such a”.
Pub. L. 100–26, § 7(a)(7)(A)(i)(II), substituted “search, duplication, and review” for “search and duplication”.
Subsec. (b). Pub. L. 100–26, § 7(a)(7)(A)(ii), substituted “Crediting of receipts” for “Disposition of costs” in heading.
Subsec. (c)(3). Pub. L. 100–26, § 7(a)(7)(A)(iii), substituted “section
552(a)(4)(A)(iii)” for “section
Effective Date of 1987 Amendment
Pub. L. 100–26, § 12(d)(2),Apr. 21, 1987, 101 Stat. 289, provided that: “The amendment to section 2328 of such title made by section
7(a)(7)(A)(i)(II) shall take effect on the same date and in the same manner as provided in section 1804(b) ofPublic Law 99–570 [set out as an Effective Date of 1986 Amendment note under section
552 of Title
5, Government Organization and Employees] for the amendment made by section 1803 of that Public Law to section
552a of title
5, United States Code [probably means amendment by section 1803 ofPub. L. 99–570to section
552(a) of Title
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