
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: 40USC723]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
                CHAPTER 15--GOVERNMENT LOSSES IN SHIPMENT
 
Sec. 723. Claim for replacement

    In the event of loss or destruction of, or damage to, valuables of 
which shipment shall have been made pursuant to the regulations 
prescribed under section 721 of this title a claim in writing for 
replacement shall be made upon the Secretary of the Treasury who, if he 
shall be satisfied that such loss, destruction, or damage has occurred 
and that shipment was made substantially in accordance with such 
regulations, shall cause replacement to be made out of the fund through 
such officers as he may designate. Notwithstanding any provision of law 
to the contrary, the decision of the Secretary of the Treasury that such 
loss, destruction, or damage has occurred or that such shipment was made 
substantially in accordance with such regulations shall be final and 
conclusive and shall not be subject to review by any other officer of 
the United States: Provided, however, That where the Secretary of the 
Treasury determines that such replacement can be effected, in whole or 
in part, without actual or ultimate injury to the United States, by a 
credit in the accounts of the executive department, independent 
establishment, agency, officer, employee, or other accountable person 
making the claim, he shall not resort to the fund, except to the extent 
that such replacement cannot be so effected by such credit, but shall 
certify such determination to the Comptroller General and, upon receipt 
of such certification, the Comptroller General is authorized and 
directed to make such credit in the settlement of accounts in the 
General Accounting Office: Provided further, That the fund shall be 
available for the replacement of any loss or destruction of, or damage 
to, valuables shipped by or on behalf of the Bureau of the Public Debt 
of the Treasury Department prior to the effective date of this 
amendment, the replacement of which was chargeable against the 
securities trust fund established under authority of section 3129 of 
title 31; and the Secretary of the Treasury is hereby authorized and 
directed to transfer on the books of the Treasury Department the amount 
standing to the credit of the securities trust fund and credit the same 
to the fund. And provided further, That the fund shall not be available 
with respect to any loss, destruction, or damage affecting valuables, 
insofar as such loss, destruction, or damage relates to property of the 
United States Postal Service chargeable to its officers or employees; 
nor shall it be available with respect to any loss, destruction, or 
damage affecting valuables of which shipment shall have been made at the 
risk of persons other than the United States, its executive departments, 
independent establishments, agencies, wholly owned corporations, 
officers, and employees. All recoveries and repayments on account of 
loss, destruction, or damage to valuables of which replacement shall 
have been made out of the fund shall be credited to it and shall be 
available for the purposes thereof.

(July 8, 1937, ch. 444, Sec. 3, 50 Stat. 479; Aug. 10, 1939, ch. 665, 
Sec. 1, 53 Stat. 1358; 1940 Reorg. Plan No. III, Sec. 1, eff. June 30, 
1940, 5 F.R. 2107, 54 Stat. 1231; Pub. L. 91-375, Sec. 6(m)(4), Aug. 12, 
1970, 84 Stat. 782.)

                       References in Text

    The effective date of this amendment, referred to in text, probably 
means the date of enactment of act Aug. 10, 1939, which was approved 
Aug. 10, 1939.

                          Codification

    ``Section 3129 of title 31'' substituted in text for ``the 
indefinite appropriation `Expenses of loans, Act of September 24, 1917, 
as amended and extended' (U.S.C., 1934 edition, title 31, secs. 760, 
761)'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 
Stat. 1067, the first section of which enacted Title 31, Money and 
Finance.
    Section was formerly classified to section 134b of Title 5 prior to 
the general revision and enactment of Title 5, Government Organization 
and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378.


                               Amendments

    1970--Pub. L. 91-375 substituted ``insofar as such loss, 
destruction, or damage relates to property of the United States Postal 
Service chargeable to its officers or employees'' for ``insofar as such 
loss destruction, or damage may be adjusted by the Postmaster General 
under the provisions of the Act of March 17, 1882, as amended'' in third 
proviso.
    1939--Act Aug. 10, 1939, amended generally proviso dealing with 
securities trust fund established under authority of sections 760 and 
761 of title 31.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 
1970, on date established therefor by the Board of Governors of the 
United States Postal Service and published by it in the Federal 
Register, see section 15(a) of Pub. L. 91-375, set out as an Effective 
Date note preceding section 101 of Title 39, Postal Service.

                          Transfer of Functions

    Section 1(a) of Reorg. Plan No. III of 1940 established Bureau of 
Public Debt in Fiscal Service of Treasury Department, and consolidated 
into such agency the Public Debt Service. See section 306 of Title 31, 
Money and Finance.

                  Section Referred to in Other Sections

    This section is referred to in section 722 of this title; title 31 
section 3126.
