Page:United States Statutes at Large Volume 116 Part 2.djvu/500

 116 STAT. 1282 PUBLIC LAW 107-217—AUG. 21, 2002 (c) DECISION OF SECRETARY NOT REVIEWABLE.— The decision of the Secretary that a loss, destruction, or damage has occurred or that a shipment was made substantially in accordance with regulations is final and conclusive and is not subject to review by any other officer of the Government. § 17305. Replacing lost, destroyed, or damaged stamps, securities, obligations, or money Stamps, securities, or other obligations of the Federal Government, or money lost, destroyed, or damaged while in the custody or possession of, or charged to, the United States Postal Service while it is acting as agent for, or on behalf of, the Secretary of the Treasury for the sale of the stamps, securities, or obligations and for the collection of the money, shall be replaced out of the fund described in section 17303 of this title under regulations the Secretary may prescribe, regardless of how the loss, destruction, or damage occurs. §17306. Agreements of indemnity (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 maJ^es under this section. §17307. Purchase of insurance An executive department, independent establishment, agency, wholly owned Government corporation, officer, or employee may expend money, or incur an obligation, for insurance, or for the payment of premiums on insurance, against loss, destruction, or damage in the shipment of valuables only as specifically authorized by the Secretary of the Treasury. The Secretary may give the authorization if the Secretary finds that the risk of loss, destruction, or damage in the shipment cannot be guarded against adequately by the facilities of the Federal Government or that adequate replacement cannot be provided under this chapter.

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