§17304 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

Send a written claim to the Secretary of the Treasury if items sent under the rules are lost, destroyed, or damaged. If the Secretary agrees the loss happened and the shipment followed the rules, the Secretary will arrange replacement from the fund described in section 17303 through an officer they pick. If part of the replacement can be made by crediting the accounts of the department, agency, officer, or employee who filed the claim — and doing that will not harm the federal government — the Secretary will tell the Comptroller General to make that credit. The fund is used only for what the credit does not cover. The Secretary’s decision that the loss occurred and the shipment complied with the rules is final and cannot be reviewed by any other government officer.

Title 40, §17304

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)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)(1)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)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)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.

Notes & Related Subsidiaries

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”.

§17304 Claim for replacement