
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC308]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
                     CHAPTER 4--THE PUBLIC PROPERTY
 
Sec. 308. Releasing property from attachment

    Whenever any property owned or held by the United States, or in 
which the United States has or claims an interest, shall, in any 
judicial proceeding under the laws of any State, district, or territory, 
be seized, arrested, attached, or held for the security or satisfaction 
of any claim made against such property, the Attorney General, in his 
discretion, may direct the United States Attorney for the district in 
which the property is located, to cause a stipulation to be entered into 
for the discharge of such property from such seizure, arrest, 
attachment, or proceeding, to the effect that upon such discharge, the 
person asserting the claim against such property shall become entitled 
to all the benefits of this section and section 309 of this title. 
Nothing herein contained shall, however, be considered as recognizing or 
conceding any right to enforce by seizure, arrest, attachment, or any 
judicial process, any claim against any property of the United States, 
or against any property held, owned, or employed by the United States, 
or by any department thereof, for any public use, or as waiving any 
objection to any proceeding instituted to enforce any such claim.

(R.S. Sec. 3753; May 10, 1934, ch. 277, Sec. 512(b), 48 Stat. 759; Pub. 
L. 89-30, Sec. 1(a), June 2, 1965, 79 Stat. 118.)

                          Codification

    R.S. Sec. 3753 derived from act June 11, 1864, ch. 117, 13 Stat. 
122.


                               Amendments

    1965--Pub. L. 89-30 substituted the Attorney General acting through 
the United States Attorney for the district in which the property is 
located, for the Secretary of the Treasury, acting through the General 
Counsel for the Department of the Treasury, as the proper official to 
cause a stipulation to be entered into for the discharge of attached 
property.

                          Transfer of Functions

    For transfer of functions of other officers, employees, and agencies 
of Department of the Treasury, with certain exceptions, to Secretary of 
the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, 
Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set 
out in the Appendix to Title 5, Government Organization and Employees. 
Functions of Coast Guard and Commandant of Coast Guard excepted from 
transfer when Coast Guard is operating as part of Navy under sections 1 
and 3 of Title 14, Coast Guard.
    Act May 10, 1934, abolished offices of General Counsel and Assistant 
General Counsel for Bureau of Internal Revenue and offices of Solicitor 
and Assistant Solicitor of the Treasury, and transferred powers, duties, 
and functions thereof to General Counsel for Department of the Treasury.

                  Section Referred to in Other Sections

    This section is referred to in section 309 of this title.
