U.S. Code,
Title 31, Money and Finance SECTION
3727
(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.
[31 USC 3727. Previously
31 USC 203 (Assignment of Claims Act (54 Stat. 1029)). Restated and
recodified by act of Sept. 13, 1982 (96 Stat. 976).]
