[Code of Federal Regulations]
[Title 32, Volume 2, Parts 191 to 399]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR204.9]

[Page 323-324]
 
                       TITLE 32--NATIONAL DEFENSE
 
                               (CONTINUED)
 
PART 204--USER CHARGES--Table of Contents
 
Sec. 204.9  Examples of benefits not to be charged under provisions of Sec. 204.4(c)(4) of this part.

    (a) Services requested by members of the U.S. Armed Forces in their 
capacity as Service members.
    (b) Services requested by members of the U.S. Armed Forces who are 
in a casualty status, or requested by their next of kin or legal 
representative, or requested by any source, when it relates to a 
casualty.
    (c) The address of record of a member or former member of the U.S. 
Armed Forces when the address is available readily through a directory 
(locator) service, and when the address is requested by a member of the 
U.S. Armed Forces or by a relative or a legal representative of a member 
of the U.S. Armed Forces or when the address of record is requested by 
any source for the purpose of paying monies or forwarding property to a 
member or former member of the U.S. Armed Forces.
    (d) Services requested by or on behalf of a member or former member 
of the U.S. Armed Forces or, if deceased, his or her next of kin or 
legal representative that pertain to the following:
    (1) Information required to obtain financial benefits regardless of 
the terms of separation from the Service.
    (2) Document showing membership and military record in the Armed 
Forces if discharge or release was under honorable conditions, except as 
provided in paragraphs (1) and (2) of this section.
    (3) Information relating to a decoration or award or required for 
memorilization purposes.
    (4) Review or change in type of discharge or correction of records.
    (5) Personal documents, such as birth certificates, when such 
documents are required to be furnished by the member.
    (e) Services that are furnished free in accordance with statutes or 
executive orders.
    (f) Information from or copies of medical and dental records or X-
ray 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 or her next of kin, or 
legal representative.
    (g) Services involving confirmation of employment, disciplinary or 
other records, and salaries of active or separated civilian or military 
personnel, when requested by prospective employers or recognized sources 
of inquiry for credit or financial purposes.
    (h) Services requested by and furnished to a Member of Congress for 
official use.
    (i) Services requested by state, territorial, county, or municipal 
government, or an agency thereof, that is performing a function related 
to or furthering of a DoD objective.
    (j) Services requested by a court, when the service will serve as a 
substitute for personal court appearance of a military or civilian 
employee of the Department of Defense.
    (k) Services requested by a nonprofit organization that is 
performing a function related to or furthering an objective of the 
Federal Government or that is in the interest of public health and 
welfare, including education.
    (l) Services requested by an individual or corporation that is 
performing a function related to or furthering an objective of the 
Federal Government, when the cost of such services would be chargeable 
to a Federal Government contract or grant held by the individual or 
corporation.
    (m) Services requested by donors with respect to their gifts.
    (n) Requests for occasional and incidental services (including 
requests from residents of foreign countries), that are not requested 
often, when it is

[[Page 324]]

determined administratively that a fee would be inappropriate for the 
occasional and incidental services.
    (o) Requests from Federal employees for the completion of claims for 
reimbursement under the Federal Employees Health Benefit Act of 1959.
    (p) Administrative services provided by reference or reading rooms 
to inspect public records, excluding copies of records or documents 
furnished.
    (q) Requests for military locator service by financial organizations 
that are located on DoD installations.
    (r) Requests for military locator service by financial organizations 
that are engaged in the direct deposit program and that are not located 
on DoD installations. Requests for an address of record shall include 
the following:
    (1) A statement that the financial organization is listed as a 
direct deposit recipient in the current U.S. Treasury Bureau of 
Accounts, ``Financial Organizations Directory.''
    (2) A statement that the individual, whose address is being 
requested, has his or her pay forwarded as a direct deposit by a DoD 
disbursing officer.
    (3) The individual's financial organization's account number.
    (s) Services rendered in response to requests for classification 
review of DoD classified records, submitted under Executive Order 12065 
and implemented by 32 CFR part 159. Such services consist of the work 
performed in conducting the classification review or in granting and 
completing an appeal from a denial of declassification following such 
review.
    (t) Services of a humanitarian nature performed in such emergency 
situations as life-saving transportation for non-U.S. Armed Forces 
patients, search and rescue operations, and airlift of personnel and 
supplies to a disaster site. This does not mean that inter- and intra-
Governmental agreements to recover all or part of costs should not be 
negotiated. Rather, it means the recipient or beneficiary will not be 
assessed a ``user charge.''
[51 FR 16024, Apr. 23, 1986. Redesignated and amended at 56 FR 64482, 
Dec. 10, 1991]