40 U.S.C. § 17306 — Agreements of indemnity
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 199 words · no verdicts yet
The Treasury Secretary may indemnify a person so the Government can replace an official instrument or document that was lost, destroyed, or badly mutilated. The Government is not bound if the other party makes an unlawful payment or delivery on the original.
(a) Definition. “Federal Government” includes wholly owned Government corporations and government officers and employees acting officially for the Government or its listed departments, establishments, and agencies. This section does not otherwise define “agreement of indemnity.” (b) Authority. The Treasury Secretary may, for the Federal Government, make and deliver a binding indemnity agreement the Secretary considers necessary and proper to replace an instrument or document that (1) the Government or its agent received officially and (2) was later lost, destroyed, or mutilated enough to reduce its value. (c) No obligation. The Government does not owe under the agreement if the named obligee makes a payment or delivery on the original that the law does not require. (d) Fund. The fund in section 17303 may pay obligations arising from an agreement made under this section.
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.
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—
received by the Government or an agent of the Government in the agent’s official capacity; and
which, after having been received, is lost, destroyed, or so mutilated as to impair its value.
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.
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 credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1282.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1282
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
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