2021 US Code
Title 40 - Public Buildings, Property, and Works
Subtitle VI - Miscellaneous
Chapter 173 - Government Losses in Shipment
Sec. 17304 - Claim for replacement

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Citation 40 U.S.C. § 17304 (2021)
Section Name §17304. Claim for replacement
Section Text

(a) Presentation of Claim.—When valuables that have been shipped in accordance with regulations prescribed under section 17302 of this title are lost, destroyed, or damaged, a claim in writing for replacement shall be made on the Secretary of the Treasury.

(b) Decision of the Secretary of the Treasury.—

(1) Replacement made from fund.—If the Secretary is satisfied that the loss, destruction, or damage has occurred and that shipment was made substantially in accordance with the regulations, the Secretary shall have replacement be made out of the fund described in section 17303 of this title through an officer the Secretary designates.

(2) Replacement made by credit.—When the Secretary decides that any part of the replacement can be made, without actual or ultimate injury to the Federal Government, by a credit in the accounts of the executive department, independent establishment, agency, officer, employee, or other accountable person making the claim, the Secretary shall—

(A) certify the decision to the Comptroller General who, on receiving the certification, shall make the credit in the settlement of accounts in the Government Accountability Office; and

(B) use the fund only to the extent that the replacement cannot be made by the credit.


(c) Decision of Secretary Not Reviewable.—The decision of the Secretary that a loss, destruction, or damage has occurred or that a shipment was made substantially in accordance with regulations is final and conclusive and is not subject to review by any other officer of the Government.

Source Credit

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1281; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
17304(a), (b)(1) 40:723 (1st sentence). July 8, 1937, ch. 444, §3 (1st sentence, 2d sentence words before 2d proviso), 50 Stat. 479.
17304(b)(2) 40:723 (2d sentence 1st proviso).
17304(c) 40:723 (2d sentence words before 1st proviso).

In subsection (c), the words "Notwithstanding any provision of law to the contrary" are omitted as unnecessary.


EDITORIAL NOTES AMENDMENTS

2004—Subsec. (b)(2)(A). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".

Publication Title United States Code, 2018 Edition, Supplement 3, Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE VI - MISCELLANEOUS
CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT
Sec. 17304 - Claim for replacement
Contains section 17304
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 50 Stat. 479
116 Stat. 1281
118 Stat. 814
Public Law References Public Law 107-217, Public Law 108-271
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