PUBLIC LAW 107-217—AUG. 21, 2002 116 STAT. 1281 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. § 17303. Fund for the payment of Government losses in shipment (a) ESTABLISHMENT.— T here 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 8ire appropriated for the fund. § 17304. Claim for replacement (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.
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