from charges based on fair market value will be deposited to miscellaneous receipts of the Treasury.

(d) Collections for utilities and services in connection with the lease of property will be deposited to the appropriation or fund responsible for financing the operations of the equipment and facility. When authorized by law, proceeds from sale of property, other than those related to the Disposal Program and the Exchange Sale Program, will be credited to the appropriation or fund responsible for its replacement, and for property not to be replaced, sale proceeds will be deposited to miscellaneous receipts of the Treasury. Proceeds from the Disposal and Exchange Sale Programs will be accounted for and deposited in accordance with existing instructions.

§ 288.6 Legislative proposals.

In cases where collection of fees and charges for services or property is limited or restricted by provisions of existing law, the DoD component(s) concerned will submit appropriate remedial legislative proposals under applicable legislative procedures.

§ 288.7 Accounting and reporting.

(a) Accounting requirement. Each military department, agency and other appropriate DoD component will maintain records for each fiscal year on:

(1) All changes in costs or charges for services or property covered by this part, as well as for the establishment of new user charges based on annual review of such costs and charges;

(2) Total collections of user charges during the fiscal year of each DoD component, furnishing the total amount deposited and credited to miscellaneous receipts of the Treasury and to each appropriation and fund account for attachment to Form 4 of BoB Circular A-25;

(3) The collections by categories of activities in the above Form 4;

(4) A complete inventory of all user charges in effect.

(b) Reporting requirement. DoD Instruction 7730.431 requires DoD Components to submit reports

on user

charges to the Assistant Secretary of

1 Filed as part of original. Copies may be obtained from U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120.

Defense (Comptroller) for consolidation and transmission to the Bureau of the Budget as provided in BoB Circular A-25.

(c) Responsibilities. DOD components, responsible for initiating, developing, and adopting schedules of fees and charges consistent with the provisions of this part shall:

(1) Identify each service or activity covered by this part;

(2) Determine the extent of the special benefit provided;

(3) Determine applicable costs; and (4) Establish appropriate charges. [32 F.R. 6025, Apr. 15, 1967, as amended at 34 F.R. 12340, July 26, 1969; 36 F.R. 22236, Nov. 23, 1971]

(a) Each military department and Defense agency is responsible for intiating, developing, and adopting schedules of fees and charges consistent with the provisions of this part and shall:

(1) Identify each service or activity covered by this part;

(2) Determine the extent of the special benefit provided;

(3) Determine applicable costs; and (4) Establish appropriate charges.

(b) The DoD components will publish necessary implementing procedures to accomplish the purpose of this part and submit two copies to the Assistant Secretary of Defense (Comptroller) within 90 days. This part is effective immediately. § 288.9 Examples of benefits not to be charged under provisions of § 288.3 (d).

(a) Any services requested by members of the Armed Forces when the document or information requested is required by such personnel in their capacity as members of the Armed Forces of the United States.

(b) Any services requested by members of the Armed Forces, who are in a casualty status, or by their next of kin or legal representative; and requests for information from any source relating to a casualty.

(c) The address of record of an active duty member or former member of the Armed Forces when it can be furnished informally through local directory (10cator) reference, when requested by a member of the Armed Forces or a relative or legal representative of a member of the Armed Forces, or the address of record requested by any source when the address is required for the purpose of

paying monies or forwarding property to a member or former member of the Armed Forces.

(d) Any services requested by or on behalf of a member or former member of the Armed Forces, or if deceased, their next of kin or legal representative, pertaining to requests for:

(1) Information required to obtain financial benefits;

(2) Document showing membership and military record in the Armed Forces if discharge or release was under honorable conditions;

(3) Information relating to a decoration or award or information required for memorialization purposes;

(4) Review or change in type of discharge or correction of records;

(5) Personal documents, e.g., birth certificates, when such documents were required to be furnished by the individual.

(e) Those services which are furnished free in accordance with statutes or Executive orders.

(f) Information from or copies of medical and dental records and/or Xray films of patients or former patients of military, medical, or dental facilities when such information is required and requests for such data are (1) submitted by an accredited medical facility, physician, or dentist or (2) requested by the patient, his next of kin, or legal representative.

(g) Any services furnished the general public relating to or in furtherance of the Armed Forces recruiting programs and any services furnished representatives of public information media or the general public in the interest of public understanding of the Armed Forces.

(h) Any services involving confirmation of employment, disciplinary, or other records or salaries of active or separated civilian or military personnel when requested by prospective employers or recognized sources of inquiry for credit or financial purposes.

(1) Any services requested by and furnished to a Member of Congress for official use.

(j) Any services requested by a State, territorial, county, or municipal government or an agency thereof which is carrying on a function related to or in furtherance of an objective of the Department of Defense.

(k) Any services requested by a court

when the furnishing of such will serve as a substitute for personal court appearance of a military or civilian employee of the Department of Defense.

(1) Any services requested by a nonprofit organization which is carrying on a function related to or in furtherance of an objective of the Federal Government or in the interest of public health and welfare.

(m) Any services requested by an individual or corporation which is carrying on a function related to or in furtherance of an objective of the Federal Government and when the cost of such services would be chargeable directly to a Federal Government contract or grant held by the individual or corporation.

(n) Any services requested by donors with respect to their gifts.

(0) Any request which results in an unsuccessful search of records other than requests to determine the existence or nonexistence of a record.

(p) Requests for services which are occasional and incidental (including any request from a resident of a foreign country), not of a type that is requested often, if it is administratively determined that a fee would be inappropriate in such an occasional case.

(q) Any request from Federal employees for the accomplishment of forms applicable to claims for reimbursement in connection with Federal Employees Health Benefit Act of 1959.

(r) Administrative services normally provided in reference or reading rooms for public inspection of records, except for copies of records or documents furnished.

[32 F.R. 6025, Apr. 15, 1967, as amended at 34 F.R. 12340, July 26, 1969]

§ 288.10 Schedule of fees and rates.

(a) This schedule applies to authorized services related to copying, certifying, and searching records rendered to the public by components of the Department of Defense, except when those services are excluded or excepted from charges under § 288.3 (d) of or § 288.9 to this instruction. Except as provided in special cases prescribed below, a minimum fee of $2 will be levied for processing any chargeable case. Normally only one (1) copy of any record or document will be provided.

(b) Requests involving:

20 by 24 double weight matte finish,

each

6.50

35mm color transparencies (cardboard

2.00

mount), each_

3.50

.25

4 by 5 color transparencies or color negative, each..

6.75

8 by 10 color transparencies or color negative, each...

14.00

(Includes requests for transcripts of graduation from military academies and schools.)

(ii) Certificates:

Original copy

Each additional copy-‒‒‒‒

(Includes all requests for certificates, verification of attendance, and course completion from service schools and other facilities.)

(2) Medical and dental records of patients and former patients when requested for purposes other than further treatment. Covers request for information from or copies of medical records, including clinical records (inpatient records of military and nonmilitary patients), health records (military outpatient records), outpatient records (nonmilitary outpatient records), dental records and loan of X-rays.

Over 25

(Plus $1.25 for each print over

25.)

9 by 18 inch negative format in quan

tities:

Print enlargements:

14 by 14 inch format, each..

3.00

18 by 18 inch format, each.

3.50

20 by 20 inch format, each.

4.00

Duplicative positives, each.

3.00

2.00 .05

Duplicative negatives:

Up to 9 by 9 inch format, each

6.00

3.00

9 by 18 inch format, each.... 10.00 (iii) Aerial photographic indexes and mosaic copies:

.50

16 mm. roll film, per frame.. Paper prints (engineering drawings), each

.25

.50

.05

Searching, per hour or fraction there- Fee of (including overhead costs) –

First print.

Each additional print of same document

(6) Copies of medical articles and illustrations. Standards contained in reference (a) of the basic instruction will be utilized in computing costs.

(7) Claims, litigation. (Includes court-martial records, furnishing information from Investigative Reports, e.g., automobile collision investigations, safety reports, etc.) Requests pertaining to private litigation and to cases in which the United States is a party and where court rules provide for reproduction of records without cost to the Government (if not covered in 2. or 3. above).

Paper reprints of microfilm indices, each

(10) General. Charges for any additional services not specifically provided above and consistent with the provisions of the basic instruction will be made by the respective DOD Components at the following rates.

Clerical search and processing per Fee

.05

2.00

3.00

(8) Publications and Forms. A search and/or processing fee as prescribed in 10.a., below, will be made for requests requiring extensive time (one hour or more):

(i) Shelf Stock: (Requestors may be furnished more than one copy of a publi

seal, each_-_. Review of application for authorization to solicit members of the military services for the purchase of life insurance on U.S. military installations in foreign areas....... Hand drawn plots and sketches, each hour or fraction thereof.. [37 FR 23719, Nov. 8, 1972]

175.00

6.00

PART 289-SALE OF DEPARTMENT OF DEFENSE DIRECTIVES, INSTRUCTIONS, AND INDEXES TO THE PUBLIC

Sec.

289.1

Subscription service.

289.2 Ordering individual copies.

AUTHORITY: The provisions of this Part 289 issued under 10 U.S.C. 133; 31 U.S.C. 4838.

8 289.1 Subscription service.

(a) Effective September 1, 1967, new and revised DoD Directives, Instructions, and Changes (except those marked "For Official Use Only"), published under the subject group numbers listed in subparagraph (2) of this paragraph and identified by asterisks in the left-hand margins of the "DoD Quarterly Listing of Unclassified Issuances" and/or the "Quarterly Indexes" will be made available on a subscription basis, with automatic mailing upon payment of fees.

1

(1) The subscription will entitle the subscriber to automatically receive one copy of each new and revised issuance published under the subject groups desired, for the subscription period.

(2) Subscriptions will be accepted for a single subject group or for as many individual subject groups as the subscriber chooses. A list of the available subject groups is as follows:

(2) Subscription service pertains only to the release of new and revised DoD Directives and Instructions; Changes; and Indexes, as specified in paragraph (a) of this section.

[32 F.R. 11780, Aug. 16, 1967, as amended at 33 F.R. 19815, Dec. 27, 1968]

§ 289.2 Ordering individual copies.

(a) In addition to the subscription service on new and revised DoD Issuances outlined in § 289.1, individual copies of any other DoD Directive, Instruction, and Change listed in the "DoD Quarterly Listing of Unclassified Issuances," will continue to be made available on an "as ordered" basis, without charge to the requester.

(b) The U.S. Naval Publications and Forms Center (formerly the Naval Supply Depot), 5801 Tabor Avenue, Philadelphia, Pa. 19120, Attention: Code 300, will provide this service after September 1, 1967. Distribution will be restricted to one copy of each DoD Issuance per customer.

[32 F.R. 11780, Aug. 16, 1967 as amended at 35 F.R. 18047, Nov. 25, 1970]

1000-Manpower, Personnel, and Reserve.

290.3

Policy.

2000-International Programs.

290.4

3000-Planning and Readiness.

290.5

4000-Logistics and Resources Management.

5000-General Administration.

6000 Health and Medical.

290.6

7000-Comptrollership.

Index-Listing of DoD Unclassified Issuances and Subject Index.

(b) An annual service charge of $6 for the DoD Issuances published under each subject group will apply without regard to the number of documents which may be issued within the group. This fee is to defray administrative expense for screening and distributing DoD Issu

ances.

(1) Orders may be forwarded at any time to the Director, Navy Publications and Printing Service, Eastern Division, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111, in any form, accompanied by a certified bank check or postal money order payable to the Treasurer of the United States.

1Filed as part of original document.

58-112-76- -45

Procedure for submission of requests for DCAA records by members of the public.

290.7

Fees.