About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-114874 1 (1978-10-13)

handle is hein.gao/gaobadgkq0001 and id is 1 raw text is: 







                    / ~' THRI COCIPTSCLLEn fgNERAL. 
 CECISION             ':   .       F    UITED         ETATE
                        S  WADaMINOrON. 0.C. a0154H




 FILE:   B-114874                   DATE:0ctober  13, 1973

 MATTER OF: Goveronent Lossem in Shipment   Act - Pureaies
                of Postal Insurance

 DIGEST:   1.  Neither the Government Louses in Shipment Act,
               40 U.S.C. 1 726 (1970), nor the Government's
               general self-insurance policy prohibit Federal
               agencies from usiig registered mail where admin-
               istratively determined necessary in order to
               obtain the special aervice of greater protec-
               tion in the handling and delivery of mail rather
               than to obtain the insurance coverage also
               offered.

           2.  Federal agencies are prohibited from using in-
               sured mail under both 40 U.S.C. I 726 and the
               Government's melt-insurance policy since in-
               sured mail provides no special or additional
               service in addition to the indemnity offered.


     The  dministrator, General Services Administration (GSA), requests
our decision as to whether ,the Government Losses in Shipment Act,
40 U.S.C. If 721 et soi. (1970), prohibits Federal agencies from pur-
chasing poistal insurance to obtain indemnity, unless specifically
required by law.

     Under the Federal Records Management Amendments of 1976, Pub.
L. No. 94-575, October'21, 1976, f 2(a)(2), 90 Scat. 2725, the Admin-
lairator of GSA in responsible' for providing Federal agencies with
guidance and assistance in the creation, maintenance, use and dis-
position of records. Pursuant to this authority, GSA recently
e.amined the use of insured and registered mail by Federal agencies
and-concluded that, unless specifically required by law, agancies
should not obtain indemnity by purchasIng postal inburance. This
conclusion was based both on the well-established policy that the
Government in its own insurer and on the requirements of the Govern-
ment Losses In Shipment Act (40 V.S.C. 5 725).



                            - 1-


i

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most