[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR204.7]

[Page 383]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 204_USER FEES--Table of Contents
 
Sec. 204.7  Legislative proposals.

    (a) Legislative proposals that allow the DoD Component to retain 
collections may be appropriate when a fee is levied in order to finance 
a service intended to be provided on a substantially self-sustaining 
basis and thus is dependent upon adequate collections.
    (1) The authority to use fees credited to an appropriation is 
generally subject to limits set in annual appropriations language. 
However, it may be appropriate to request exemption from annual 
appropriations control, if a provision of the service is dependent on 
demand that is irregular or unpredictable (e.g., a fee to reimburse an 
agency for the cost of overtime pay of inspectors for services performed 
after regular duty hours).
    (2) Legislative proposals that permit fees to be credited to 
accounts shall be consistent with the full-cost recovery guidelines 
contained in this part. Any fees in excess of full cost recovery and any 
increase in fees to recover the portion of retirement costs which 
recoups all (funded or unfunded) accrual costs not covered by employee 
contributions are to be credited to the general fund of the Treasury as 
miscellaneous receipts.
    (b) Where the retention of the collection is appropriate, the DoD 
Components(s) concerned may submit legislative proposals under 
applicable legislative procedures included in OMB Circular A-19. These 
procedures may be obtained from the Office of Legislative Counsel, 
General Counsel, 1600 Defense Pentagon, Washington, DC 20301-1600. 
Proposals to remove user fee restrictions or retain collections shall:
    (1) Define in general terms the services for which fees will be 
assessed and the pricing mechanism that will be used.
    (2) Specify whether fees will be collected in advance of, or 
simultaneously with, the provision of service unless appropriations and 
authority are provided in advance to allow reimbursable services.
    (3) Specify where collections will be credited. Legislative 
proposals should not normally specify precise fees. The user fee 
schedule should be set by regulation to allow for the administrative 
updating of fees to reflect changing costs and market values.