Claim for replacement

  1. Law
  2. USC 40
  3. Public Buildings, Property, And Works
  4. MISCELLANEOUS
  5. GOVERNMENT LOSSES IN SHIPMENT
  6. Claim for replacement

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§17304. Claim for replacement

(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.

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

Historical and Revision Notes
Revised

Section

Source (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.

Amendments

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


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