US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 3794

Release of technical data under Freedom of Information Act: recovery of costs

(a)

In General .—

(1)
section 552 of title 5 The Secretary of Defense shall, if required to release technical data under (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 .—

section 552 of title 5The 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 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)
section 552(a)(4)(A)(iii) of title 5 the Secretary determines, in accordance with , that such a waiver is in the interests of the United States.

Pub. L. 99–500, § 101(c) [title X, § 954(a)(1)]100 Stat. 1783–82Pub. L. 99–591, § 101(c) [title X, § 954(a)(1)]100 Stat. 3341–82Pub. L. 99–661, div. A, title IX100 Stat. 3952Pub. L. 100–26, § 3(5)101 Stat. 273Pub. L. 100–26, § 7(a)(7)(A)101 Stat. 278Pub. L. 116–283, div. A, title XVIII, § 1833o134 Stat. 4234Pub. L. 117–81, div. A, title XVII, § 1701(b)(12)(B)135 Stat. 2134(Added , , , 1783–172, and , , , 3341–172, § 2328; , formerly title IV, § 954(a)(1), , , renumbered title IX, , , ; amended , (B)(i), , ; renumbered § 3794, ()(2), , ; , , .)

Editorial Notes

Codification

Pub. L. 99–591Pub. L. 99–500 is a corrected version of .

Pub. L. 99–500Pub. L. 99–591Pub. L. 99–661, , and added identical sections.

Prior Provisions

Pub. L. 96–513, title II, § 21394 Stat. 2885Prior sections 3794 to 3797 were repealed by , title VII, § 701, , , 2955, effective .

Pub. L. 86–616, § 3(a)74 Stat. 389section 1184 of this titleSection 3794, added , , , authorized Secretary of the Army to remove an officer from active list of Regular Army if his removal is recommended by a board of review and provided that decision of Secretary in such a case is final and conclusive. See .

Pub. L. 86–616, § 3(a)74 Stat. 389section 1185 of this titleSection 3795, added , , , provided that each officer under consideration for removal from active list of Regular Army under this chapter be given written notification, at least 30 days prior to a board of inquiry hearing, that he is being required to show cause for retention on active list, be allowed reasonable time to prepare a defense, be allowed to appear in person and by counsel at proceedings before board of inquiry, and be allowed full access to, and furnished copies of, records relevant to his case at all stages of proceedings, except records that Secretary determines be withheld in interests of national security, in which case, a summary, to extent national security permits, be furnished. See .

Pub. L. 86–616, § 3(a)74 Stat. 389section 1186 of this titleSection 3796, added , , , authorized Secretary of the Army, at any time during proceedings under this chapter and before removal of an officer from active list of Regular Army, to grant that officer’s request for voluntary retirement, if he is otherwise qualified therefor, or for honorable discharge with severance benefits. See .

Pub. L. 86–616, § 3(a)74 Stat. 390section 1187 of this titleSection 3797, added , , , provided that no officer serve on a board under this chapter unless he holds a regular or temporary grade above lieutenant colonel, and is senior in regular grade to, and outranks, any officer considered by that board and that no person be a member of more than one board convened under this chapter for same officer. See .

Amendments

Pub. L. 116–283, § 1833oPub. L. 117–81, § 1701(b)(12)(B)section 2328 of this title2021—()(2), as amended by , renumbered as this section.

Pub. L. 100–26, § 7(a)(7)(B)(i)1987—, substituted “Release of technical data under Freedom of Information Act: recovery of costs” for “Release of technical data” in section catchline.

Pub. L. 100–26, § 7(a)(7)(A)(i)(I)Subsec. (a)(1). , 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”.

Pub. L. 100–26, § 7(a)(7)(A)(ii)Subsec. (b). , substituted “Crediting of receipts” for “Disposition of costs” in heading.

Pub. L. 100–26, § 7(a)(7)(A)(iii)Subsec. (c)(3). , substituted “section 552(a)(4)(A)(iii)” for “section 552(a)(4)(A)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and Effective Date note below.

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date of 1987 Amendment

Pub. L. 100–26, § 12(d)(2)101 Stat. 289

10 U.S.C. 3794section 1804(b) of Public Law 99–570section 552 of Title 5section 552a of title 5section 1803 of Pub. L. 99–570section 552(a) of Title 5“The amendment to section 2328 of such title [now ] made by section 7(a)(7)(A)(i)(II) shall take effect on the same date and in the same manner as provided in [set out as an Effective Date of 1986 Amendment note under , Government Organization and Employees] for the amendment made by section 1803 of that Public Law to , United States Code [probably means amendment by to ].”
, , , provided that:

Effective Date

Pub. L. 99–500, § 101(c) [title X, § 954(b)]100 Stat. 1783–82Pub. L. 99–591, § 101(c) [title X, § 954(b)]100 Stat. 3341–82Pub. L. 99–661, div. A, title IX100 Stat. 3953Pub. L. 100–26, § 3(5)101 Stat. 273

“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 [].”
, , , 1783–173, , , , 3341–173, and , formerly title IV, § 954(b), , , renumbered title IX by , , , provided that: