31 U.S.C. § 3727 : US Code - Section 3727: Assignments of claims

Search 31 U.S.C. § 3727 : US Code - Section 3727: Assignments of claims

(a) In this section, "assignment" means -
(1) a transfer or assignment of any part of a claim against the
United States Government or of an interest in the claim; or
(2) the authorization to receive payment for any part of the
claim.
(b) An assignment may be made only after a claim is allowed, the
amount of the claim is decided, and a warrant for payment of the
claim has been issued. The assignment shall specify the warrant,
must be made freely, and must be attested to by 2 witnesses. The
person making the assignment shall acknowledge it before an
official who may acknowledge a deed, and the official shall certify
the assignment. The certificate shall state that the official
completely explained the assignment when it was acknowledged. An
assignment under this subsection is valid for any purpose.
(c) Subsection (b) of this section does not apply to an
assignment to a financing institution of money due or to become due
under a contract providing for payments totaling at least $1,000
when -
(1) the contract does not forbid an assignment;
(2) unless the contract expressly provides otherwise, the
assignment -
(A) is for the entire amount not already paid;
(B) is made to only one party, except that it may be made to
a party as agent or trustee for more than one party
participating in the financing; and
(C) may not be reassigned; and
(3) the assignee files a written notice of the assignment and a
copy of the assignment with the contracting official or the head
of the agency, the surety on a bond on the contract, and any
disbursing official for the contract.
(d) During a war or national emergency proclaimed by the
President or declared by law and ended by proclamation or law, a
contract with the Department of Defense, the General Services
Administration, the Department of Energy (when carrying out duties
and powers formerly carried out by the Atomic Energy Commission),
or other agency the President designates may provide, or may be
changed without consideration to provide, that a future payment
under the contract to an assignee is not subject to reduction or
setoff. A payment subsequently due under the contract (even after
the war or emergency is ended) shall be paid to the assignee
without a reduction or setoff for liability of the assignor -
(1) to the Government independent of the contract; or
(2) because of renegotiation, fine, penalty (except an amount
that may be collected or withheld under, or because the assignor
does not comply with, the contract), taxes, social security
contributions, or withholding or failing to withhold taxes or
social security contributions, arising from, or independent of,
the contract.
(e)(1) An assignee under this section does not have to make
restitution of, refund, or repay the amount received because of the
liability of the assignor to the Government that arises from or is
independent of the contract.
(2) The Government may not collect or reclaim money paid to a
person receiving an amount under an assignment or allotment of pay
or allowances authorized by law when liability may exist because of
the death of the person making the assignment or allotment.