40 U.S.C. § 17304 — Claim 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
A written claim is required when regulated shipments are lost, destroyed, or damaged. The Treasury Secretary decides whether the fund pays, whether an accounting credit can replace some of the payment, and whether the shipment substantially followed the regulations.
(a) Presenting a claim. When regulated shipments are lost, destroyed, or damaged, the claimant must make a written claim for replacement* to the Secretary of the Treasury. (b) Secretary’s decision. (1) Fund replacement. If the Secretary is satisfied that the loss, destruction, or damage occurred and that the shipment* substantially followed the regulations, the Secretary must have a designated officer replace it from the fund in section 17303. (2) Accounting credit. If some replacement can be made by crediting the claimant’s accounts without actual or eventual harm to the Federal Government, the Secretary must (A) certify that decision to the Comptroller General, who must make the credit when settling the accounts in the Government Accountability Office, and (B) use the fund only for the part that cannot be replaced by the credit. (c) Final decision. The Secretary’s decision that a loss, destruction, or damage occurred, or that the shipment substantially followed the regulations, is final and cannot be reviewed by another government officer.
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.
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.
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—
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
use the fund only to the extent that the replacement cannot be made by the credit.
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.)
- 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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