Page:United States Statutes at Large Volume 53 Part 2.djvu/883

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1359 53 STAT.] 76TH CONG., 1ST SESS.-CH. 665-AUG. 10, 1939 from no fault or negligence on the part of such postmaster, Navy mail clerk, or assistant Navy mail clerk. "SEc. 3b . The Secretary of the Treasury is hereby authorized to mtd.mnitY agree- execute and deliver, on behalf of the United States, such binding agreements of indemnity as he may deem necessary and proper to enable the United States to obtain the replacement of any instrument or document received by the United States or any agent of the United States in his official capacity which, after having been so received, became lost, destroyed, or so mutilated as to impair its value: Pro- No°Federal obliga- vided, however That no such agreement of indemnity shall operate tion where obligee to obligate the 'United States in any case in which the obligee named required by law. etc. therein makes any payment or delivery not required by law on the original of the instrument or document covered thereby. The fund e of fund for pay- shall be available for the payment of any obligation arising out of t. any agreement executed by the Secretary of the Treasury under this section." 50 stat. 4t0. SEC. 3 . Section 7 (a) of the Government Losses in Shipment Act 5 Ut. . C. , supp. (50 Stat. 480; U.S . C., 1934 edition, Supp. IV, title 5, sec. 134f (a)), iV, §134 (a). is hereby amended to read as follows: "(a) The term 'valuables' means any articles or things or repre- "Valuables"de- sentatives of value in which the United States has any interest, or in connection with which it has any obligation or responsibility, direct or indirect, and which are declared to be valuables within the meaning of this Act by the Secretary of the Treasury. No articles articles covered. or things shall be declared to be valuables by the Secretary of the Treasury unless he determines that replacement thereof in accord- ance with the procedure established herein, in the event of loss, destruction, or damage in the course of shipment, would be in the public interest. The term 'United States' as used in this subsection ted tates." and in section 3b means the United States, its executive departments independent establishments, and agencies, including wholly owned corporations, and officers and employees of any of the foregoing while acting in their official capacity." SEC. 4. So much of section 8 (b) (4) of the Government Losses in 3 Stt s. c4, upp. Shipment Act (50 Stat. 482; U. S. C., 1934 edition, Supp. IV, title IV, 738(b)(). 31, sec. 738a (b) (4)), as precedes the proviso is hereby amended to read as follows: Ilety Il. "(4) if the owner or holder is the United States or an officer or I ,,let,, i1t,,,1 ,.r employee thereof in his official capacity, a State, the District of is tniteid States. ec. Columbia, a Territory or possession of the United States, including the Commonwealth of the Philippine Islands, a municipal corpora- tion or political subdivision of any of the foregoing, a corporation the whole of whose capital is owned by the United States, a foreign government, or a Federal Reserve bank:". at.4. SEC. 5 . Section 9 (b) (1) of the Government Losses in Shipment 31 St.at C., upp. Act (50 Stat. 483; U. S . C., 1934 edition, Supp. IV, title 31, sec. IV, 528(b)(i). 528 (b) (1)), is hereby amended by changing the phrase included within the parentheses to read as follows: "including the Postal Serv- demnity bondrtant ice when carrying mail for any officer, employee, agent, or agency caes eofhk whl of the United States when performing services in connection with in . S .custody, etc. an official function of the United States, but not including the Postal Service when otherwise acting solely in its capacity as a public carrier of the mail." SEC. 6 . So much of section 9 (b) (5) of the Government Losses in 3 Stats . supp. Shipment Act (50 Stat. 483; U. S . C ., 1934 edition, Supp. IV, title IV, o528(b) (5). 31, sec. 528 (b) (5)), as precedes the proviso is hereby amended to read as follows: "(5) if the owner or holder is the United States or an officer or i tedSter oreholde employee thereof in his official capacity, a State, the District of