PUBLIC - NO. 378 - 76TH CONGRESS CHAPTER 665 - 1ST SESSION H.R. 6614 AN ACT TO AMEND THE GOVERNMENT LOSSES IN SHIPMENT ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R001000100004-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: August 25, 2000
• Sequence Number: 4
• Content Type: REGULATION

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PUBLIC - NO. 378 - 76th CONGRESS
CHAPTER 665 - 1st SESSION
(H. P. 6614)
AN ACT
TO AND THL GOVERNNENT LOSSES IN SHIPMNT ACT
Be it enacted by the Senate and. House of Representatives of the
United States of America in Congress assembled, That the second' proviso
of section 3 of the Government Losses in Shipment Act, approved July 8,
1937 (50 Stat. 480; U. S. C., 1934 edition, Supp. IV, title 5, pee. 1340,
is hereby amended to read as follows: "Provided further, That .the fund
shall be available for the replacement of any loss or destruction of, or
damage to, valuables chipped by or on behalf of the Public Debt Service
of the Treasury Department prior to the effective date of this amendment,
the replacement of which was chargeable against the securities trust fund
established under authority of the indefinite appropriation 'Expenses of
leans, Act of September 24, 1917, as amended and extended' (U. O. C.,
1934 edition, title 31, secs. 760, 761); and the Secretary of the Treasury
is hereby authorized and directed to transfer on the books of the Treasury
Department the amount standing to the credit of the securities trust fund
and credit the same to the fund."
"Sec. 2. The Government Losses in Shi,7'r,ent Act (50 Stat. 479;
U. 5, C., 1934 edition, Supp. TV, title 5, secs. 134-134h; title 31,
sees. 528, 738a), is hereby amondod by adding tile following sections to
the end of section 3 thereof:
"Sec. 3a. All losses or destruction of, or damage to, internal
revenue or other stamps, United &tates securities, or ether obligations
of the United States, an:. funds, occurring heretofore or hereafter, but
not prior to February 4, 1935, while such stamps, securities, obliga-
tions, or funds were in the custody or possession of, or charged to, the
Post Office Department or Postal Service while it was acting as agent
for, or on behalf of, the Treasury Department for the sale of such stamps,
securities, or Obligations and for the collection of such funds, irre-
spective of the manner in which such loss, destruction, or damage occur-
red, shall be replaced out of the fund under such regulations as the
Secretary of the Treasury may prescribe: Provided, however, That no post-
master, Navy mail clerk, or.assistant Navy mail clerk having the custody
or possession of such stamps, securities, obligations, or funds at the
time of the loss, destruction, or damage shall be relieved of any lia-
bility to the United States or receive credit in hi C accounts for such
loss, destruction, or damage under the provisions of the Act of March 17,
1882, as amended (U, S. G., 1934 edition, title 19, sec. 49), until the
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Postmaster General and the Secretary of the Treasury have jointly determined
that such loss, destruction, or damage resulted 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
execute and deliver, on behalf ol 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 docinent received by the
United States or any agent of the United States in his official capacity
which, after having been so received, bec,f,??lic lost, destro:-ed, or so muti-
lated as to impair its value: Provided, however, That no such agreement of
indemnity shall operate to oblija'x the United States in any case in which
the obligee named therein mas any payment or delivery not required by law
on the original of the instrument or document covered thereby. The fund
shall be available for the payment of any obligation arising out of any
agreement executed by t h er;,ary of the Trnasury under this section."
Sec. 3. Section 7 (a) of the Government Losses in Shipment Act
(50 Stat. ./.M; U. S. C., 1934 edition, Supp. TV, title 5, sec. 1344 (a)),
is h6reby amended to rend as follows:
U() The term 'wallabies' mens any articles or things or repre-
sentatives of value in which the United States Las any interest, or in con-
nection with which it has any obligation or responsibility, direct or in-
direct, and which are declared to be valuables -.1i1;hin the meaning of this
Act by the Secretary of the Treasury. No articles op things shall be de-
clared to be valuables by the Socretiry of the Treasury unless he deter-
mines tht replacemi,nt thereoi-in accordance with tho procedure established
herein, in the event of loss, destruction, or damage in the course of ship-
ment, would be in the public interest. The torn lUnited States' as used in
this subsection and in section 3b means the United States., its executive
departments, independent establishments, and agencies, including wholly
owned corporations, tInd officers Elld employees of any of the foregoing while
acting in their official capsoity? ."
Sec. 4. So much of section 8 (h) (4) of the Government Lossess in
Shipment Act (50 Stat. 482; U. S. C., 1934 edition, Supp. IV, title 31,
sec. 738v (b) (4)), vs precedes the proviso is herr ,y amended to read as
follows:
"(4) if the owner or holder is the United States or an officer or
employee thereof in his official capacity, a State, the District of Columbia,
a Territory or possession of the United S- c, including the Commonwealth of
the Philippine Islands, a municipal corporation or political subdivision of
any of the foregoing, a corporation the whole of whose capital is owned by
the United States, a fon".6n owernment, or a Federal Remerve bank:".
Sec. 5. Section 9 (b) (1) of the GoVornment Losses in Shipment
Act (50 SLat. 483; U. S. C., 1934 edition, Supp. IV, title 31, sec. 528 (b)
(1)), is hereby amended by changing the phrase included within the paren-
theses to read as follows: "including the Postal Service when carrying
mail for any officer, employee, agent, or agency of the United States when
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States, but not includinr the Postal Service rhen 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 Lcssess
in Shipment Act (50 Stat. 483; U. S. C., 1934 edit:10n, Supp. IV, title 31,
sec. 528 (b) (5)), as precedes the proviso is hereby amended to road as
follows:
"(5) if the owner or holderis the United States or an officer or
employee thereof in his official capacity, a State, the District of Co-
lumbia, a Territory or possession of the United States, including the
Camaonweelth of the Philippine Islands, a municipal corporation or political
subdivision of any of the foregoing, a corporation the whole of whose capi-
tal is owned by the United States, a foreign government, or a Federal Re-
serve benk:".
Sec. 7. Section 9 (f) of the Government Losses in Shipment Act
(50 6tf-.,t. 484: S. C., 3.934 eciLion, S.Ipp. TV, title 31,
hereby amended to road 4;F follows:
is
"(f) The term 'original check' wherever used in this section means
any check, warrant, or other order for the. payment of money, payable upon
demand and not bearing interest, drawn by a duly authori2xd officer or agent
of the United States, the District, of Col.AMbia, or the District Unemployment
Compensation Board, on their behalf against an account or funds of the
United States, tho District of Columbia, or the District Unemployment Com-
pensation Board, including instruments issued by any corporation or other
entity owned or controlled by the 'United States, the funds of which are de-
posited and covered into the Treasury Gf the United States or deposited
with the Treasurer of the ritad States, but does not include money, coins,
or currency of the United St:Ites; as used in subsection (d) of this section
it means such as instrument drawn by a duly authorized officer or employee
of the Post 04'fice Department."
t_proved, August 10, 1939.
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