
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2328]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                   CHAPTER 137--PROCUREMENT GENERALLY
 
Sec. 2328. Release of technical data under Freedom of 
        Information Act: recovery of costs
        
    (a) In General.--(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 5 if--
        (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.

(Added Pub. L. 99-500, Sec. 101(c) [title X, Sec. 954(a)(1)], Oct. 18, 
1986, 100 Stat. 1783-82, 1783-172, and Pub. L. 99-591, Sec. 101(c) 
[title X, Sec. 954(a)(1)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-172; 
Pub. L. 99-661, div. A, title IX, formerly title IV, Sec. 954(a)(1), 
Nov. 14, 1986, 100 Stat. 3952, renumbered title IX, Pub. L. 100-26, 
Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 100-26, 
Sec. 7(a)(7)(A), (B)(i), Apr. 21, 1987, 101 Stat. 278.)

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
    Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 added identical 
sections.


                            Prior Provisions

    A prior section 2328 was renumbered section 2348 of this title.


                               Amendments

    1987--Pub. L. 100-26, Sec. 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, Sec. 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, Sec. 7(a)(7)(A)(i)(II), substituted ``search, 
duplication, and review'' for ``search and duplication''.
    Subsec. (b). Pub. L. 100-26, Sec. 7(a)(7)(A)(ii), substituted 
``Crediting of receipts'' for ``Disposition of costs'' in heading.
    Subsec. (c)(3). Pub. L. 100-26, Sec. 7(a)(7)(A)(iii), substituted 
``section 552(a)(4)(A)(iii)'' for ``section 552(a)(4)(A)''.


                    Effective Date of 1987 Amendment

    Section 12(d)(2) of Pub. L. 100-26 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) of Public 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 of Pub. L. 99-570 to section 552(a) of Title 5].''


                             Effective Date

    Section 101(c) [title X, Sec. 954(b)] of Pub. L. 99-500 and Pub. L. 
99-591, and section 954(b) of title IX, formerly title IV, of Pub. L. 
99-661, renumbered title IX by Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 
101 Stat. 273, provided that: ``The amendments made by this section 
[enacting this section] shall take effect at the end of the 90-day 
period beginning on the date of the enactment of this Act [Oct. 18, 
1986].''
