---
kind: "section"
citation: "40 U.S.C. § 17304"
title: "40"
title_heading: "Public Buildings, Property, and Works"
number: "17304"
heading: "Claim for replacement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/40/17304"
units:
  - "Subtitle VI — Miscellaneous"
  - "Chapter 173 — Government Losses in Shipment"
---

# §17304. Claim for replacement

- (a) **Presentation of Claim.—** When [valuables](/usc/40/17301.md?p=3-A) that have been shipped in accordance with regulations prescribed under [section 17302 of this title](/usc/40/17302.md) are lost, destroyed, or damaged, a claim in writing for [replacement](/usc/40/17301.md?p=1) 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](/usc/40/17301.md?p=2) was made substantially in accordance with the regulations, the Secretary shall have [replacement](/usc/40/17301.md?p=1) be made out of the fund described in [section 17303 of this title](/usc/40/17303.md) through an officer the Secretary designates.
  - (2) **Replacement made by credit.—** When the Secretary decides that any part of the [replacement](/usc/40/17301.md?p=1) can be made, without actual or ultimate injury to the [Federal Government](/usc/40/17101.md?p=1), 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](/usc/40/17301.md?p=1) 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](/usc/40/17301.md?p=2) 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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (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”.