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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 40 U.S.C. § 17304 Claim for replacement us united_states_code code_section 40 PUBLIC BUILDINGS, PROPERTY, AND WORKS 173 GOVERNMENT LOSSES IN SHIPMENT 17304 40 U.S.C. § 17304 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip /us/usc/t40/s17304 data/legal/raw/us/code/title-40/usc40.xml d4d8f8a30f58f05855c1a77c2909b5730b3d3f7c89132e42402bddccf070de2b 9e671d5f37f9148634c9ba568a4c16d4864b567130b66bcf607f680414560a29 37e3edeee23a3dc3acaffd9d721d005affb3cca338d1150991100651726a760e 2026-07-04 official
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40 U.S.C. § 17304 - Claim for replacement

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.

(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1281; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814.)

Notes

Historical and Revision Notes RevisedSectionSource (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

Amendments2004—Subsec. (b)(2)(A). Pub. L. 108271 substituted “Government Accountability Office” for “General Accounting Office”.