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40 U.S.C. § 17304Claim for replacement

submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 250 words · no verdicts yet

in plain englishAI-generated · not legal advice

If shipped valuables are lost, destroyed, or damaged, the owner must file a written claim with the Treasury Secretary. The Secretary decides whether to replace them from the government's loss fund or by crediting the claimant's account. The Secretary's decision on whether a loss happened is final and cannot be reviewed by anyone else.

(a) Presentation of Claim. When valuables shipped under section 17302's rules are lost, destroyed, or damaged, the owner must submit a written claim for replacement to the Secretary of the Treasury. (b) Decision of the Secretary of the Treasury. (1) Replacement made from fund. If the Secretary is satisfied the loss happened and the shipment followed the rules closely enough, the Secretary has an officer arrange replacement using the fund described in section 17303. (2) Replacement made by credit. If the Secretary decides part of the replacement can be handled through a credit in the claimant's government accounts -- without hurting the federal government -- the Secretary must: (A) certify that decision to the Comptroller General, who then makes the credit when settling the accounts at the Government Accountability Office; and (B) use the fund only for the part the credit cannot cover. (c) Decision of Secretary Not Reviewable. Once the Secretary decides that a loss occurred and that the shipment substantially followed the regulations, that decision is final. No other government officer can review or overturn it.
the actual law source: uscode.house.gov ↗public domain
(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.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-217 · 116 Stat. 1281
  • 2004Amended · Pub. L. 108-271 · 118 Stat. 814

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.

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