Page:United States Statutes at Large Volume 100 Part 4.djvu/778

 100 STAT. 3341-173

PUBLIC LAW 99-591—OCT. 30, 1986

requesting such a release if the person pays all reasonable costs attributable to search and duplication. "(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) DISPOSITION OF COSTS.—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 cer^^ tifies 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) of title 5, that such a waiver is in the interests of the ' United States.". (2) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2327 (as added by section 971) the following new item: "2328. Release of technical data."

(b) EFFECTIVE DATE.—The amendments made by this section shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act. SEC. 955. COMPARABLE BUDGETING FOR SIMILAR SYSTEMS. (a) MATTERS TO B E INCLUDED IN ANNUAL DEFENSE BUDGETS.—In

preparing the defense budget for any fiscal year, the Secretary of Defense shall— (1) specifically identify each common procurement weapon ^.; system included in the budget; ' (2) take all feasible steps to minimize variations in procurement unit costs for any such system as shown in the budget requests of the different armed forces requesting procurement funds for the system; and • (3) identify and justify in the budget all such variations in ' procurement unit costs for common procurement weapon systems.

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