Title 40, Public Buildings, Property, and WorksRelease 119-110

§17306 Agreements of Indemnity

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary of the Treasury can sign an indemnity agreement for the Federal Government to get replacement official papers or documents that the Government or its agents received but later lost, were destroyed, or were badly damaged. Federal Government here includes wholly owned government corporations and officers and employees acting in their official jobs. The Government does not have to pay under the agreement if the person named in it makes a payment or delivery on the original that they were not required by law to make. Money in the fund at section 17303 is available to pay any obligation from these agreements.

Full Legal Text

Title 40, §17306

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

(a)Definition.—
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)Authority To Make Agreement.—
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)When Federal Government Not Obligated.—
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)Use of Fund for the Payment of Government Losses in Shipment.—
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

Sep 22, 2026

Release point: 119-110