US (United States) Code. Title 40. Subtitle V. Chapter 173: Government losses in shipment

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public buildings, property and works

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-CITE-

40 USC CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-

CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-MISC1-

Sec.

17301. Definitions.

17302. Compliance.

17303. Fund for the payment of Government losses in shipment.

17304. Claim for replacement.

17305. Replacing lost, destroyed, or damaged stamps,

securities, obligations, or money.

17306. Agreements of indemnity.

17307. Purchase of insurance.

17308. Presumption of lawful conduct.

17309. Rules and regulations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 39 section 410.

-End-

-CITE-

40 USC Sec. 17301 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-

Sec. 17301. Definitions

-STATUTE-

In this chapter, the following definitions apply:

(1) Replacement. - The term "replacement" means payment,

reimbursement, replacement, or duplication or the expenses

incident to payment, reimbursement, replacement, or duplication.

(2) Shipment. - The term "shipment" -

(A) means the transportation, or the effecting of

transportation, of valuables, without limitation as to the

means or facilities used or by which the transportation is

effected or the person to whom it is made; and

(B) includes shipments made to any executive department,

independent establishment, agency, wholly owned or

mixed-ownership Government corporation, officer, or employee of

the Federal Government, or any person acting on behalf of, or

at the direction of, the executive department, independent

establishment, agency, wholly or partly owned Government

corporation, officer, or employee.

(3) Valuables. -

(A) Definition. - The term "valuables" means any articles or

things or representatives of value -

(i) in which the Government, its executive departments,

independent establishments, and agencies, including wholly

owned Government corporations, and officers and employees of

the Government or its executive departments, independent

establishments, and agencies while acting in their official

capacity, have any interest, or in connection with which they

have any obligation or responsibility; and

(ii) which the Secretary of the Treasury declares to be

valuables within the meaning of this chapter.

(B) Requirement for declaring articles or things valuable. -

The Secretary shall not declare articles or things that are

lost, destroyed, or damaged in the course of shipment to be

valuables unless the Secretary determines that replacement of

the articles or things in accordance with the procedure

established in this chapter would be in the public interest.

(4) Wholly owned government corporation. - The term "wholly

owned Government corporation" -

(A) means any corporation, regardless of the law under which

it is incorporated, the capital of which is entirely owned by

the Government; and

(B) includes the authorized officers, employees, and agents

of the corporation.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1280.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17301(1) 40:729(d). July 8, 1937, ch. 444, Sec.

7, 50 Stat. 480; Aug. 10,

1939, ch. 665, Sec.3, 53

Stat. 1359.

17301(2) 40:729(b).

17301(3) 40:729(a).

17301(4) 40:729(c).

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In this chapter, the words "wholly owned Government corporation"

are substituted for "wholly owned corporation" for consistency in

the revised title and with other titles of the United States Code.

In clause (3)(A)(i), the words "direct or indirect" are omitted

as unnecessary.

In clause (4)(A), the words "or laws" are omitted because of 1:1.

The words "directly or indirectly" are omitted as unnecessary.

In clause (4)(B), the word "duly" is omitted as unnecessary.

-End-

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40 USC Sec. 17302 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-

Sec. 17302. Compliance

-STATUTE-

(a) Prescribing Regulations. - With the approval of the

President, the Secretary of the Treasury and the United States

Postal Service jointly shall prescribe regulations governing the

shipment of valuables by an executive department, independent

establishment, agency, wholly owned Government corporation,

officer, or employee of the Federal Government, with a view to

minimizing the risk of loss and destruction of, and damage to,

valuables in shipment.

(b) Compliance. - Each executive department, independent

establishment, agency, wholly owned Government corporation,

officer, and employee of the Government, and each person acting

for, or at the direction of, the executive department, independent

establishment, agency, wholly owned Government corporation,

officer, or employee, must comply with the regulations when making

any shipment of valuables.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1280.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17302 40:721. July 8, 1937, ch. 444, Sec.

1, 50 Stat. 479.

--------------------------------------------------------------------

In subsection (a), the words "As soon as practicable after July

8, 1937" are omitted as obsolete. The words "United States Postal

Service" are substituted for "Postmaster General" in section 1 of

the Government Losses in Shipment Act (ch. 444, 50 Stat. 479)

because of section 4(a) of the Postal Reorganization Act (Public

Law 91-375, 84 Stat. 773).

In subsection (b), the words "After the effective date of such

regulations, which shall be not more than thirty days after their

issuance" are omitted as obsolete.

-TRANS-

DELEGATION OF FUNCTIONS

For power of Secretary of the Treasury and United States Postal

Service to prescribe, without approval of President, regulations

under section 721 of former Title 40, Public Buildings, Property,

and Works (which was repealed and reenacted as this section by Pub.

L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304),

see section 3(a) of Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R.

9499, set out as a note under section 301 of Title 3, The

President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 17303, 17304, 17308 of

this title; title 46 App. section 1285; title 49 section 44305.

-End-

-CITE-

40 USC Sec. 17303 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-

Sec. 17303. Fund for the payment of Government losses in shipment

-STATUTE-

(a) Establishment. - There is a revolving fund in the Treasury

known as "the fund for the payment of Government losses in

shipment".

(b) Use. - The fund shall be used for the replacement of

valuables, or the value of valuables, lost, destroyed, or damaged

while being shipped in accordance with regulations prescribed under

section 17302 of this title.

(c) Unavailability. - The fund is not available with respect to

any loss, destruction, or damage affecting valuables -

(1) that relates to property of the United States Postal

Service that is chargeable to its officers or employees; or

(2) of which shipment shall have been made at the risk of

persons other than the Federal Government and the executive

departments, independent establishments, agencies, wholly owned

Government corporations, officers and employees of the

Government.

(d) Crediting of Recoveries and Repayments. - All recoveries and

repayments on account of loss, destruction, or damage to valuables

for which replacement is made out of the fund shall be credited to

it and are available for the purposes of the fund.

(e) Appropriations. - Necessary amounts are appropriated for the

fund.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1281.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17303(a) 40:722 (3d sentence July 8, 1937, ch. 444, Sec.

words before 2d 2, 50 Stat. 479.

comma).

17303(b) 40:722 (1st

sentence words

after 5th comma).

40:723 (2d sentence July 8, 1937, ch. 444, Sec.

2d proviso). 3 (2d sentence 2d, last

provisos, last sentence), 50

Stat. 480; Aug. 10, 1939,

ch. 665, Sec. 1, 53 Stat.

1358; Pub. L. 91-375, Sec.

6(m)(4), Aug. 12, 1970, 84

Stat. 782.

17303(c) 40:723 (2d sentence

last proviso).

17303(d) 40:723 (last

sentence).

17303(e) 40:722 (1st

sentence words

before 5th comma,

2d sentence, 3d

sentence words

after 2d comma,

last sentence).

40:722a. Pub. L. 103-329, title I

(par. under heading "Payment

of Government Losses in

Shipment"), Sept. 30, 1994,

108 Stat. 2387.

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In subsection (a), the words "(hereinafter referred to as 'the

fund')" are omitted as unnecessary.

In subsection (b), the text of 40:723 (2d sentence 2d proviso) is

omitted as obsolete.

In subsection (e), the text of 40:722 (1st sentence words before

5th comma, 2d sentence, 3d sentence words after 2d comma, and last

sentence) and the words "Beginning in fiscal year 1995 and

thereafter" in 40:722a are omitted as obsolete. The words "for the

fund" are substituted for "to make payments for the replacement of

valuables, or the value thereof, lost, destroyed, or damaged in the

course of shipments effected pursuant to section 721 of this title"

for clarity and to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 17304, 17305, 17306 of

this title; title 31 section 3126; title 46 App. section 1285;

title 49 section 44305.

-End-

-CITE-

40 USC Sec. 17304 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-

Sec. 17304. Claim for replacement

-STATUTE-

(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 General Accounting 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-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1281.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17304(a), 40:723 (1st July 8, 1937, ch. 444, Sec.

(b)(1) sentence). 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).

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In subsection (c), the words "Notwithstanding any provision of

law to the contrary" are omitted as unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 section 3126.

-End-

-CITE-

40 USC Sec. 17305 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-

Sec. 17305. Replacing lost, destroyed, or damaged stamps,

securities, obligations, or money

-STATUTE-

Stamps, securities, or other obligations of the Federal

Government, or money lost, destroyed, or damaged while in the

custody or possession of, or charged to, the United States Postal

Service while it is acting as agent for, or on behalf of, the

Secretary of the Treasury for the sale of the stamps, securities,

or obligations and for the collection of the money, shall be

replaced out of the fund described in section 17303 of this title

under regulations the Secretary may prescribe, regardless of how

the loss, destruction, or damage occurs.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1282.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17305 40:724. July 8, 1937, ch. 444, Sec.

3a, as added Aug. 10, 1939,

ch. 665, Sec. 2, 53 Stat.

1358; Pub. L. 91-375, Sec.

6(m)(5), Aug. 12, 1970, 84

Stat. 783.

--------------------------------------------------------------------

The words "occurring heretofore or hereafter, but not prior to

February 4, 1935" are omitted as obsolete. The words "United States

Postal Service" are substituted for "Post Office Department or

Postal Service" in section 3a of the Government Losses in Shipment

Act (ch. 444), as added by section 2 of the Act of August 10, 1939

(ch. 665, 53 Stat. 1358), because of sections 4(a) and 6(o) of the

Postal Reorganization Act (Public Law 91-375, 84 Stat. 773, 783).

The words "Secretary of the Treasury" are substituted for "Treasury

Department" because of 31:301(b).

-End-

-CITE-

40 USC Sec. 17306 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-

Sec. 17306. Agreements of indemnity

-STATUTE-

(a) Definition. - In this section, the term "Federal Government"

includes wholly owned Government corporations, and officers and

employees of the Government or its executive departments,

independent establishments, and agencies while acting in their

official capacity.

(b) Authority To Make Agreement. - The Secretary of the Treasury

may make and deliver, on behalf of the Federal Government, a

binding agreement of indemnity the Secretary considers necessary

and proper to enable the Government to obtain the replacement of

any instrument or document -

(1) received by the Government or an agent of the Government in

the agent's official capacity; and

(2) which, after having been received, is lost, destroyed, or

so mutilated as to impair its value.

(c) When Federal Government Not Obligated. - The Government is

not obligated under an agreement of indemnity if the obligee named

in the agreement makes a payment or delivery not required by law on

the original of the instrument or document covered by the

agreement.

(d) Use of Fund for the Payment of Government Losses in Shipment.

- The fund described in section 17303 of this title is available to

pay any obligation arising out of an agreement the Secretary makes

under this section.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1282.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17306(a) 40:729(a) (last July 8, 1937, ch. 444, Sec.

sentence). 7(a) (last sentence), 50

Stat. 480; Aug. 10, 1939,

ch. 665, Sec. 3, 53 Stat.

1359.

17306(b) 40:725 (1st July 8, 1937, ch. 444, Sec.

sentence words 3b, as added Aug. 10, 1939,

before proviso). ch. 665, Sec. 2, 53 Stat.

1359.

17306(c) 40:725 (1st

sentence proviso).

17306(d) 40:725 (last

sentence).

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-End-

-CITE-

40 USC Sec. 17307 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-

Sec. 17307. Purchase of insurance

-STATUTE-

An executive department, independent establishment, agency,

wholly owned Government corporation, officer, or employee may

expend money, or incur an obligation, for insurance, or for the

payment of premiums on insurance, against loss, destruction, or

damage in the shipment of valuables only as specifically authorized

by the Secretary of the Treasury. The Secretary may give the

authorization if the Secretary finds that the risk of loss,

destruction, or damage in the shipment cannot be guarded against

adequately by the facilities of the Federal Government or that

adequate replacement cannot be provided under this chapter.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1282.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17307 40:726. July 8, 1937, ch. 444, Sec.

4, 50 Stat. 480.

--------------------------------------------------------------------

The words "On and after the effective date of the regulations

prescribed under section 721 of this title" are omitted as

obsolete. The words "the circumstances are such that" are omitted

as unnecessary.

-End-

-CITE-

40 USC Sec. 17308 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-

Sec. 17308. Presumption of lawful conduct

-STATUTE-

For purposes of the propriety of an act or omission related to a

shipment to which the regulations prescribed under section 17302 of

this title apply, every officer and employee of the Federal

Government and every individual acting on behalf of a wholly owned

Government corporation who makes a shipment of valuables in good

faith under, and substantially in accordance with, the regulations

is deemed to be acting in the faithful execution of the officer's,

employee's, or individual's duties of office and in full

performance of any conditions of the officer's, employee's, or

individual's bond and oath of office.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1283.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17308 40:727. July 8, 1937, ch. 444, Sec.

5, 50 Stat. 480.

--------------------------------------------------------------------

-End-

-CITE-

40 USC Sec. 17309 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 173 - GOVERNMENT LOSSES IN SHIPMENT

-HEAD-

Sec. 17309. Rules and regulations

-STATUTE-

(a) General Authority. - With the approval of the President, the

Secretary of the Treasury may prescribe regulations necessary to

carry out the duties and powers vested in the Secretary under this

chapter.

(b) Providing Information. - To carry out subsection (a), the

Secretary may require a person making a shipment of valuables or a

claim for replacement to make a declaration or to provide other

information the Secretary considers necessary.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1283.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

17309(a) 40:728 (words July 8, 1937, ch. 444, Sec.

before 3d comma). 6, 50 Stat. 480.

17309(b) 40:728 (words after

3d comma).

--------------------------------------------------------------------

-TRANS-

DELEGATION OF FUNCTIONS

For delegation to Secretary of the Treasury of authority vested

in President by section 728 of former Title 40, Public Buildings,

Property, and Works (which was repealed and reenacted as this

section by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat.

1062, 1304), see section 2(a) of Ex. Ord. No. 10289, eff. Sept. 17,

1951, 16 F.R. 9409, set out as a note under section 301 of Title 3,

The President.

-End-