assignment definition in government

FAC Number: 2025-01 Effective Date: 11/12/2024

Subpart 32.8 - Assignment of Claims

32.800 scope of subpart..

This subpart prescribes policies and procedures for the assignment of claims under the Assignment of Claims Act of1940, as amended, ( 31 U.S.C.3727 , 41 U.S.C. 6305 ) (hereafter referred to as "the Act").

32.801 Definitions.

Designated agency , as used in this subpart, means any department or agency of the executive branch of the United States Government (see 32.803 (d)).

No-setoff commitment , as used in this subpart, means a contractual undertaking that, to the extent permitted by the Act, payments by the designated agency to the assignee under an assignment of claims will not be reduced to liquidate the indebtedness of the contractor to the Government.

32.802 Conditions.

Under the Assignment of Claims Act, a contractor may assign moneys due or to become due under a contract if all the following conditions are met:

(a) The contract specifies payments aggregating $1,000 or more.

(b) The assignment is made to a bank, trust company, or other financing institution, including any Federal lending agency.

(c) The contract does not prohibit the assignment.

(d) Unless otherwise expressly permitted in the contract, the assignment-

(1) Covers all unpaid amounts payable under the contract;

(2) Is made only to one party, except that any assignment may be made to one party as agent or trustee for two or more parties participating in the financing of the contract; and

(3) Is not subject to further assignment.

(e) The assignee sends a written notice of assignment together with a true copy of the assignment instrument to the-

(1) Contracting officer or the agency head ;

(2) Surety on any bond applicable to the contract; and

(3) Disbursing officer designated in the contract to make payment.

32.803 Policies.

(a) Any assignment of claims that has been made under the Act to any type of financing institution listed in 32.802 (b) may thereafter be further assigned and reassigned to any such institution if the conditions in 32.802 (d) and (e) continue to be met.

(b) A contract may prohibit the assignment of claims if the agency determines the prohibition to be in the Government’s interest.

(c) Under a requirements or indefinite quantity type contract that authorizes ordering and payment by multiple Government activities, amounts due for individual orders for $1,000 or more may be assigned.

(d) Any contract of a designated agency (see FAR 32.801 ), except a contract under which full payment has been made, may include a no-setoff commitment only when a determination of need is made by the head of the agency , in accordance with the Presidential delegation of authority dated October 3,1995, and after such determination has been published in the Federal Register. The Presidential delegation makes such determinations of need subject to further guidance issued by the Office of Federal Procurement Policy. The following guidance has been provided:

Use of the no-setoff provision may be appropriate to facilitate the national defense ; in the event of a national emergency or natural disaster; or when the use of the no-setoff provision may facilitate private financing of contract performance. However, in the event an offeror is significantly indebted to the United States , the contracting officer should consider whether the inclusion of the no-setoff commitment in a particular contract is in the best interests of the United States . In such an event, the contracting officer should consult with the Government officer(s) responsible for collecting the debt(s).

(e) When an assigned contract does not include a no-setoff commitment , the Government may apply against payments to the assignee any liability of the contractor to the Government arising independently of the assigned contract if the liability existed at the time notice of the assignment was received even though that liability had not yet matured so as to be due and payable.

32.804 Extent of assignee’s protection.

(a) No payments made by the Government to the assignee under any contract assigned in accordance with the Act may be recovered on account of any liability of the contractor to the Government. This immunity of the assignee is effective whether the contractor’s liability arises from or independently of the assigned contract.

(b) Except as provided in paragraph (c) of this section, the inclusion of a no-setoff commitment in an assigned contract entitles the assignee to receive contract payments free of reduction or setoff for-

(1) Any liability of the contractor to the Government arising independently of the contract; and

(2) Any of the following liabilities of the contractor to the Government arising from the assigned contract:

(i) Renegotiation under any statute or contract clause .

(ii) Fines.

(iii) Penalties, exclusive of amounts that may be collected or withheld from the contractor under, or for failure to comply with, the terms of the contract.

(iv) Taxes or social security contributions.

(v) Withholding or nonwithholding of taxes or social security contributions.

(c) In some circumstances, a setoff may be appropriate even though the assigned contract includes a no-setoff commitment ; e.g.-

(1) When the assignee has neither made a loan under the assignment nor made a commitment to do so; or

(2) To the extent that the amount due on the contract exceeds the amount of any loans made or expected to be made under a firm commitment for financing.

32.805 Procedure.

(a) Assignments.

(1) Assignments by corporations shall be-

(i) Executed by an authorized representative;

(ii) Attested by the secretary or the assistant secretary of the corporation; and

(iii) Impressed with the corporate seal or accompanied by a true copy of the resolution of the corporation’s board of directors authorizing the signing representative to execute the assignment.

(2) Assignments by a partnership may be signed by one partner, if the assignment is accompanied by adequate evidence that the signer is a general partner of the partnership and is authorized to execute assignments on behalf of the partner-ship.

(3) Assignments by an individual shall be signed by that individual and the signature acknowledged before a notary public or other person authorized to administer oaths.

(b) Filing. The assignee shall forward to each party specified in 32.802 (e) an original and three copies of the notice of assignment, together with one true copy of the instrument of assignment. The true copy shall be a certified duplicate or photostat copy of the original assignment.

(c) Format for notice of assignment. The following is a suggested format for use by an assignee in providing the notice of assignment required by 32.802 (e).

Notice of Assignment

To: ___________ [ Address to one of the parties specified in 32.802 (e) ].

This has reference to Contract No. __________ dated ______, entered into between ______ [ Contractor’s name and address ] and ______ [ Government agency, name of office, and address ], for ________ [ Describe nature of the contract ].

Moneys due or to become due under the contract described above have been assigned to the undersigned under the provisions of the Assignment of Claims Act of1940, as amended, ( 31 U.S.C.3727 , 41 U.S.C. 6305 ).

A true copy of the instrument of assignment executed by the Contractor on ___________ [ Date ], is attached to the original notice.

Payments due or to become due under this contract should be made to the undersigned assignee.

Please return to the undersigned the three enclosed copies of this notice with appropriate notations showing the date and hour of receipt, and signed by the person acknowledging receipt on behalf of the addressee.

Very truly yours,

__________________________________________________ [ Name of Assignee ]

By _______________________________________________ [ Signature of Signing Officer ]

__________________________________________________ [ Titleof Signing Officer ]

__________________________________________________ [ Address of Assignee ]

Acknowledgement

Receipt is acknowledged of the above notice and of a copy of the instrument of assignment. They were received ____(a.m.) (p.m.) on ______, 20___.

__________________________________________________ [ Signature ]

__________________________________________________ [ Title ]

__________________________________________________ On behalf of

__________________________________________________ [ Name of Addressee of this Notice ]

(d) Examination by the Government. In examining and processing notices of assignment and before acknowledging their receipt, contracting officers should assure that the following conditions and any additional conditions specified in agency regulations, have been met:

(1) The contract has been properly approved and executed.

(2) The contract is one under which claims may be assigned.

(3) The assignment covers only money due or to become due under the contract.

(4) The assignee is registered separately in the System for Award Management unless one of the exceptions in 4.1102 applies.

(e) Release of assignment.

(1) A release of an assignment is required whenever-

(i) There has been a further assignment or reassignment under the Act; or

(ii) The contractor wishes to reestablish its right to receive further payments after the contractor’s obligations to the assignee have been satisfied and a balance remains due under the contract.

(2) The assignee, under a further assignment or reassignment, in order to establish a right to receive payment from the Government, must file with the addressees listed in 32.802 (e) a-

(i) Written notice of release of the contractor by the assigning financing institution;

(ii) Copy of the release instrument;

(iii) Written notice of the further assignment or reassignment; and

(iv) Copy of the further assignment or reassignment instrument.

(3) If the assignee releases the contractor from an assignment of claims under a contract, the contractor, in order to establish a right to receive payment of the balance due under the contract, must file a written notice of release together with a true copy of the release of assignment instrument with the addressees noted in 32.802 (e).

(4) The addressee of a notice of release of assignment or the official acting on behalf of that addressee shall acknowledge receipt of the notice.

32.806 Contract clauses.

(1) The contracting officer shall insert the clause at 52.232-23 , Assignment of Claims , in solicitations and contracts expected to exceed the micro-purchase threshold , unless the contract will prohibit the assignment of claims (see 32.803 (b)). The use of the clause is not required for purchase orders . However, the clause may be used in purchase orders expected to exceed the micro-purchase threshold , that are accepted in writing by the contractor, if such use is consistent with agency policies and regulations.

(2) If a no-setoff commitment has been authorized (see 32.803 (d)), the contracting officer shall use the clause with its AlternateI.

(b) The contracting officer shall insert the clause at 52.232-24 , Prohibition of Assignment of Claims , in solicitations and contracts for which a determination has been made under agency regulations that the prohibition of assignment of claims is in the Government’s interest.

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Article III, Section 2, Clause 1:

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party;—to Controversies between two or more States; between a State and Citizens of another State, between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

An assignment of a legal claim occurs when one party (the “assignor” ) transfers its rights in a cause of action to another party (the “assignee” ). 1 Footnote Black’s Law Dictionary 136 (9th ed. 2009) (defining “assignment” as “the transfer of rights or property” ). The Supreme Court has held that a private litigant may have standing to sue to redress an injury to another party when the injured party has assigned at least a portion of its claim for damages from that injury to the litigant. The Supreme Court in the 2000 case Vermont Agency of Natural Resources v. United States ex rel. Stevens held that private individuals may have Article III standing to bring a qui tam civil action in federal court under the federal False Claims Act (FCA) on behalf of the federal government if authorized to do so. 2 Footnote 529 U.S. 765, 768, 778 (2000) . The FCA imposes civil liability upon “any person” who, among other things, knowingly presents to the federal government a false or fraudulent claim for payment. 3 Footnote 31 U.S.C. § 3729(a) . To encourage citizens to enforce the Act, in certain circumstances, a private individual, known as a “relator,” may bring a civil action for violations of the Act. Such plaintiffs sue under the name of the United States and may receive a share of any recovered proceeds from the action. 4 Footnote Id. § 3730(d)(1)–(2) . Under the FCA, the relator is not merely the agent of the United States but an individual with an interest in the lawsuit itself. 5 Footnote Vt. Agency of Nat. Res. , 529 U.S. at 772 ( “For the portion of the recovery retained by the relator . . . some explanation of standing other than agency for the Government must be identified.” ) (citing 31 U.S.C. § 3730 ).

Ordinarily, if the relator’s financial interest in the outcome of the case were merely a byproduct of the suit itself, there would be no injury sufficient for standing. 6 Footnote Id. at 772–73 ( “An interest unrelated to injury in fact is insufficient to give a plaintiff standing. . . . A qui tam relator has suffered no [invasion of a legally protected right]—indeed, the ‘right’ he seeks to vindicate does not even fully materialize until the litigation is completed and the relator prevails.” ) (citations omitted). The Supreme Court has held that a litigant’s interest in recovering attorneys’ fees or the costs of bringing suit by itself normally does not confer standing to sue. E.g. Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 107 (1998) ( “The litigation must give the plaintiff some other benefit besides reimbursement of costs that are a byproduct of the litigation itself.” ); Diamond v. Charles, 476 U.S. 54, 70–71 (1986) ( “[T]he mere fact that continued adjudication would provide a remedy for an injury that is only a byproduct of the suit itself does not mean that the injury is cognizable under Art. III.” ). In Stevens , however, the Supreme Court recognized a distinction that confers standing upon qui tam plaintiffs in FCA cases. Justice Antonin Scalia, writing for the Court, determined that assignments of claims are distinguishable from cases in which a litigant has a mere financial interest in the outcome of the suit because the assignee-plaintiff actually owns a stake in the dispute as a legal matter. 7 Footnote Vt. Agency of Nat. Res. , 529 U.S. at 773 . Justice Scalia drew support for this distinction from the long-standing historical practice of the government assigning a portion of its damages claim to a private party and allowing that party to assert the injury suffered by the federal government as a representative of the United States. 8 Footnote Id. at 774, 778 The Court noted the “long tradition of qui tam actions in England and the American colonies,” 9 Footnote Id. concluding that “Article III’s restriction of the judicial power to ‘Cases’ and ‘Controversies’ is properly understood to mean ‘cases and controversies of the sort traditionally amenable to, and resolved by, the judicial process.’” 10 Footnote Id. Although the Court held that the relator had standing to sue under the qui tam provision, it ultimately determined that the plaintiff could not maintain the action against a state agency for allegedly submitting false grant claims to the EPA because states were not “persons” subject to liability under the False Claims Act. Id. at 787 .

Eight years after deciding Stevens , the Supreme Court again found that an assignee of a claim had standing, even when the assignee had promised to remit all of the money it recovered in the proceedings to the assignor. 11 Footnote Sprint Commc’ns Co. v. APCC Servs., Inc. , 554 U.S. 269 , 271 (2008) . In Sprint Communications Co. v. APCC Services, Inc. , payphone operators had assigned their legal claims for money owed to them by long-distance communications carriers to third-party collection agencies. 12 Footnote Id. at 271–72 . The agencies were authorized to bring suit on behalf of the payphone operators and promised to pay all of the proceeds of the litigation to the payphone operators for a fee. 13 Footnote Id. at 272 . The Court held that these collection agencies had standing to pursue the operators’ claims because of the long history of courts’ acceptance of such claims. 14 Footnote Id. at 273–75 . The Court noted that “federal courts routinely entertain suits which will result in relief for parties that are not themselves directly bringing suit. Trustees bring suits to benefit their trusts; guardians ad litem bring suits to benefit their wards; receivers bring suit to benefit their receiverships; assignees in bankruptcy bring suit to benefit bankrupt estates; executors bring suit to benefit testator estates; and so forth.” Id. at 287–88 . Assignment was sufficient to transfer the injury to the collections agencies, and the injury to the operators that had been transferred to the collection agencies would be redressed by a favorable judicial decision, even if the agencies would subsequently pay all of the proceeds to the operators. 15 Footnote Id. at 286–87 ( “[I]f the [collection agencies] prevail in this litigation, the long-distance carriers would write a check to [them] for the amount of dial-around compensation owed. What does it matter what the [agencies] do with the money afterward?” ).

The Stevens and Sprint cases could have broader implications for Article III standing doctrine, as they suggest a way in which the constitutional limitations on standing may be bypassed through the assignment of rights to a third party. 16 Footnote See also ArtIII.S2.C1.6.4.3 Particularized Injury. For instance, if Congress enacts a federal statute recognizing an injury to the federal government that otherwise satisfies Article III’s requirements, it may assign a portion of its claim to a private party, thereby potentially giving that plaintiff standing to sue as a representative of the United States. 17 Footnote See Vt. Agency of Nat. Res. , 529 U.S. at 773 . This is essentially the operation of the False Claims Act. 18 Footnote 31 U.S.C. §§ 3729–3733 . However, it is unclear whether every such statute would necessarily resolve all Article III standing concerns. In Stevens and Sprint , the Court gave significant weight to the lengthy history of courts recognizing the types of assignments at issue when determining that the litigants in those cases had standing to sue. 19 Footnote See id. at 774, 778 ; Sprint Commc’ns Co. , 554 U.S. at 273–75 . Moreover, there may be a number of concerns about the constitutionality and practicality of using assignments to delegate core government functions (e.g., criminal prosecutions) to private parties when courts have not historically recognized claims based on such assignments, including concerns about interference with the Executive Branch’s Article II powers and prosecutorial discretion. 20 Footnote See Heather Elliott , Congress’s Inability to Solve Standing Problems , 91 B.U. L. Rev. 159 , 195–204 (2011) (questioning whether Congress’s assignment of claims to citizen suitors in order to confer standing would be constitutional or practical).

6c. The Importance of Committees

Bills begin and end their lives in committees , whether they are passed into law or not. Hearings from interest groups and agency bureaucrats are held at the committee and subcommittee level, and committee members play key roles in floor debate about the bills that they foster.

Committees help to organize the most important work of Congress — considering, shaping, and passing laws to govern the nation. 8,000 or so bills go to committee annually. Fewer than 10% of those bills make it out for consideration on the floor.

Types of Committees

There are four types of congressional committees:

Committee Assignments

After each congressional election , political parties assign newly elected Representatives and Senators to standing committees. They consider a member's own wishes in making the assignments, but they also assess the needs of the committees, in terms of region of the country, personalities, and party connections.

Since the House has 435 members, most Representatives only serve on one or two committees. On the other hand, Senators often serve on several committees and subcommittees . Committee assignment is one of the most important decisions for a new member's future work in Congress. Usually, members seek appointment on committees that will allow them to serve their districts or state the most directly. However, a members from a "safe" district — where his or her reelection is not in jeopardy — and who wants to be a leader in Congress, may want to be named to a powerful committee, such as Foreign Relations, Judiciary, or the House Ways and Means . There they are more likely to come into contact with current leaders and perhaps even gain some media attention.

Standing Committees of Congress (as of 2021)

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Secondments and assignments

You may want to know....

An assignment is a temporary move of an employee within his/her department or agency to temporarily perform the functions of a position that already exists or to take on a special project. The assignee continues to be the incumbent of his/her substantive position in his/her home organization while performing the assigned duties in the host organization. It is not obligatory for the employee on assignment to be "hosted" against a position number. The duties to be performed, however, must be specified.

An assignment may be undertaken for training or career development purposes. It also serves to enhance an organization's capacity through knowledge transfer in the host organization, as well as on the employee's return in the home organization.

An assignment cannot result in paying the assigned employee a salary higher than that obtained in his/her substantive position. This would be considered an acting appointment under the Public Service Employment Act .

A secondment is a temporary move of an employee to another department or agency in the core public administration ( Schedule I and IV of the Financial Administration Act ), and other organizations for which the Treasury Board is the Employer.

Secondments and assignments are both temporary lateral movements of an employee to perform the functions of a position that already exists or to take on a special project. However, while secondments are to another department (interdepartmental), assignments are within a department or agency (intradepartmental). In both cases, the employee maintains his/her substantive position in the home department/agency or organization, and is paid by the home department/agency or organization.

Like assignments, secondments may also be applied for career development purposes to gain breadth of knowledge and experience, as well as to help strengthen the capacity in the core public administration.

Assignments and secondments are resourcing options provided to Deputy Heads by the Treasury Board, as the Employer, under its authority as granted in the Financial Administration Act , to help facilitate intra- and inter-departmental mobility and lateral career development opportunities for employees. They provide for the temporary movement of employees within and across organizations to meet temporary operational needs, for training/learning, career development and knowledge transfer.

Employees for whom the Treasury Board is the employer (core public administration) are eligible to undertake assignments or secondments. Neither assignment nor secondment may change the employee's tenure.

No. Although they provide opportunities for employees to gain experience that will assist in their career development and individual aspirations, assignments and secondments are not the same as development programs. The intent is for the employee to return to his/her substantive position on completion of the assignment or secondment.

Assignments and secondments are temporary movements of the employee, who continues to be the incumbent of his/her substantive position and maintains the terms and conditions attached to his/her substantive position. A deployment, on the other hand, is a permanent move, a transfer from one substantive position to another substantive position, which may involve a change to the terms and conditions attached to the new position. On completion of an assignment/secondment, the employee returns to his/her substantive position, while on deployment, the employee vacates the former substantive position to assume incumbency in the new position.

The assignment or secondment agreement is the instrument of acceptance. It must clearly state that the employee returns to his/her substantive position on completion of the assignment/secondment. This may be supplemented by other documentation.

No. An assignment/secondment cannot result in a promotion. Therefore, it must first be decided if the movement will result in a promotion (as stated in Part 2 of the Appendix to the TB Directive on Terms and Conditions of Employment , subsection 2.2.3). If so, it is to be treated as an acting appointment under the Public Service Employment Act and may then be subject to the application of merit and rights to recourse.

Yes, the assignment or secondment arrangement:

• is covered by a written agreement between all parties, which specifies the period of the assignment/secondment, and any conditions;
• ensures that the employee will return to his/her substantive position at the end of the assignment/secondment;
• ensures that the employee remains on the payroll of the home sector/department/agency;
• ensures the employee continues to be paid at his/her substantive group and level (if not in an acting situation);
• ensures the employee's career development/progression possibilities are protected by the home sector/department/agency.

Documentation is especially important if the assignment or secondment is a means to help reintegrate a person on medical or sick leave back into the workplace to ensure that the assignment or secondment does not prevent the person from obtaining a priority entitlement . Absence of or ambiguity in the documentation could lead to a conclusion that the person has already returned to work and is working in their substantive position.

An assignment/secondment agreement should have the following information included:

• Tombstone data;
• Start and end dates;
• Information on payment responsibilities for training of the assignee, membership fees, etc.;
• Duties to be performed;
• Information on performance evaluation and supervisor/manager responsibilities;
• Process for approving/tracking periods of leave;
• Notice period for changes to the agreement;
• Financial codes and contact names for home and host organization, department or agency;
• Approval signatures.

Yes. An assignment or secondment is intended to be a temporary resourcing option with a specified time period for the lateral movement of an employee to temporarily perform the duties in another organizational unit or department. The period of assignment or secondment may be extended (or reduced) upon agreement of all parties. Assignments or secondments should not, however, be continuously extended.

Interchange Canada is the mechanism through which persons employed in separate agencies and Crown corporations may be "seconded" to work in a department or agency for which Treasury Board is the Employer, and vice versa.

Any enquiries or requests for additional information should be directed to your human resources (HR) advisor in your department or agency.  Should your departmental headquarters HR advisor be unable to respond to your query, he/she may contact [email protected] for further information.

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Study guides for every class, that actually explain what's on your next test, committee assignments, from class:.

Committee assignments refer to the process by which members of Congress are designated to specific committees where they will work on legislation, oversight, and other functions. These assignments are crucial for the legislative process as they determine how bills are reviewed and debated, allowing members to specialize in areas of policy that align with their expertise or interests.

5 Must Know Facts For Your Next Test

• Committee assignments are typically determined by party leaders, who consider factors like seniority, expertise, and political considerations when placing members on committees.
• Each member of Congress is usually assigned to multiple committees and subcommittees to balance their workload and influence across various issues.
• The majority party in each chamber has greater representation on committees, giving them more control over the legislative agenda.
• Committees play a critical role in the legislative process, as they are responsible for holding hearings, conducting investigations, and shaping proposed legislation before it goes to the floor for a vote.
• Members often use their positions on committees to advocate for their constituents' interests and bring attention to issues that matter in their districts.

Review Questions

• Committee assignments significantly influence the legislative process by determining which members will review and shape proposed legislation. Members assigned to relevant committees can use their expertise to inform discussions, hold hearings, and make recommendations on bills. This specialization ensures that legislation is scrutinized effectively before it reaches the full chamber for a vote, impacting which policies advance or are shelved.
• Party leadership plays a crucial role in determining committee assignments by evaluating factors such as seniority and political strategy. This process allows party leaders to place members on committees where they can maximize their influence and align with party goals. As a result, this control over assignments can affect congressional dynamics by fostering loyalty among members while also potentially sidelining dissenting voices within the party.
• Committee assignments have significant implications for representation and policy outcomes in Congress by shaping which issues receive attention and how they are addressed. By placing members with expertise or strong interests on relevant committees, Congress can better reflect the diversity of opinions and needs from various constituencies. However, this system can also lead to biases if certain viewpoints are underrepresented, thereby impacting the legislation that is prioritized and ultimately passed into law.

Related terms

Permanent committees in Congress that focus on specific areas of legislation, such as finance or foreign affairs, where most of the legislative work takes place.

Subcommittees : Divisions within standing committees that handle more specialized tasks or issues, allowing for detailed examination of legislation before it is considered by the full committee.

Joint Committees : Committees that include members from both the House and Senate, created to address specific issues and facilitate cooperation between the two chambers.

" Committee Assignments " also found in:

Subjects ( 1 ).

• Texas Government

Practice Questions ( 1 )

• How might congressional oversight over executive agencies change if committee assignments were random rather than based on expertise?

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