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Title 40 — Public Buildings, Property, and WorksRelease 119-73not60

§17306 Agreements of Indemnity

Title 40 › Subtitle SUBTITLE VI— MISCELLANEOUS › Chapter 173— GOVERNMENT LOSSES IN SHIPMENT › § 17306

Last updated Apr 5, 2026|Official source

Summary

The Secretary of the Treasury can make a binding promise for the Federal Government to pay to replace an important paper or instrument that the Government or a government agent got while acting on the job and that was later lost, destroyed, or badly damaged. Federal Government here includes wholly owned Government corporations and officers and employees of departments, independent agencies, and agencies when acting officially. The Government does not have to pay if the person named in the promise makes a payment or delivery on the original that they were not legally required to make. Money to pay these promises comes from the fund described in section 17303.

Full Legal Text

Title 40, §17306

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)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.
(b)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—
(1)received by the Government or an agent of the Government in the agent’s official capacity; and
(2)which, after having been received, is lost, destroyed, or so mutilated as to impair its value.
(c)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.
(d)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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 17306(a)40:729(a) (last sentence).July 8, 1937, ch. 444, § 7(a) (last sentence), 50 Stat. 480; Aug. 10, 1939, ch. 665, § 3, 53 Stat. 1359. 17306(b)40:725 (1st sentence words before proviso).July 8, 1937, ch. 444, § 3b, as added Aug. 10, 1939, ch. 665, § 2, 53 Stat. 1359. 17306(c)40:725 (1st sentence proviso). 17306(d)40:725 (last sentence).

Reference

Citations & Metadata

Citation

40 U.S.C. § 17306

Title 40 — Public Buildings, Property, and Works

Last Updated

Apr 5, 2026

Release point: 119-73not60