assignment definition in government

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).

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Definition of assignment

task , duty , job , chore , stint , assignment mean a piece of work to be done.

task implies work imposed by a person in authority or an employer or by circumstance.

duty implies an obligation to perform or responsibility for performance.

job applies to a piece of work voluntarily performed; it may sometimes suggest difficulty or importance.

chore implies a minor routine activity necessary for maintaining a household or farm.

stint implies a carefully allotted or measured quantity of assigned work or service.

assignment implies a definite limited task assigned by one in authority.

Examples of assignment in a Sentence

These examples are programmatically compiled from various online sources to illustrate current usage of the word 'assignment.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.

Word History

see assign entry 1

14th century, in the meaning defined at sense 1

Phrases Containing assignment

• self - assignment

Dictionary Entries Near assignment

Cite this entry.

“Assignment.” Merriam-Webster.com Dictionary , Merriam-Webster, https://www.merriam-webster.com/dictionary/assignment. Accessed 7 May. 2024.

Legal Definition

Legal definition of assignment, more from merriam-webster on assignment.

Nglish: Translation of assignment for Spanish Speakers

Britannica English: Translation of assignment for Arabic Speakers

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12.6 Committees

Learning objectives.

After reading this section, you should be able to answer the following questions:

• What criteria do members use when seeking congressional committee assignments?
• What are the prestige committees in the House and Senate?
• What is the function of investigative committees?

In 1885, Woodrow Wilson famously observed, “Congress in session is Congress on public exhibition, whilst Congress in its committee-rooms is Congress at work” (Wilson, 1885). This statement is no less true today. Committees are the lifeblood of Congress. They develop legislation, oversee executive agencies and programs, and conduct investigations.

There are different types of committees that are responsible for particular aspects of congressional work. Standing committees are permanent legislative committees. Select committees are special committees that are formed to deal with a particular issue or policy. Special committees can investigate problems and issue reports. Joint committees are composed of members of the House and Senate and handle matters that require joint jurisdiction, such as the Postal Service and the Government Printing Office. Subcommittees handle specialized aspects of legislation and policy.

Committee Assignments

Members seek assignments to committees considering the overlapping goals of getting reelected, influencing policy, and wielding power and influence. They can promote the interests of their constituencies through committee service and at the same time help their chances at reelection. Members from rural districts desire appointments to the Agriculture Committee where they can best influence farm policy. Those most interested in foreign policy seek appointment to committees such as the House Foreign Relations and Senate International Affairs Committees, where they can become embroiled in the pressing issues of the day. Power or prestige committee assignments in the House include Appropriations, Budget, Commerce, Rules, and Ways and Means. The most powerful committees in the Senate are Appropriations, Armed Services, Commerce, Finance, and Foreign Relations.

House and Senate Committees

A list and description of House and Senate committees can be found at https://www.govtrack.us/congress/committees/ .

Table 12.1 Congressional Committees

Most House members end up getting assigned to at least one committee that they request. In the House, committee assignments can be a ticket to visibility and influence. Committees provide House members with a platform for attracting media attention as journalists will seek them out as policy specialists. Senate committee assignments are not as strongly linked to press visibility as virtually every senator is appointed to at least one powerful committee. The average senator serves on eleven committees and subcommittees, while the average House member serves on five.

Figure 12.11

In the 1950s, Senator Estes Kefauver used controversial comics like “Frisco Mary” to generate press attention for his hearings on juvenile delinquency. This practice of using powerful exhibits to attract media attention to issues continues today.

Wikimedia Commons – public domain.

Service on powerful subcommittees can provide a platform for attracting media attention. In 1955, the Senate Subcommittee on Juvenile Delinquency staged three days of hearings in New York City as part of its investigation into allegations brought by Senator Estes Kefauver (D-TN), a subcommittee member, that violent comic books could turn children into criminals. The press-friendly hearings featured controversial speakers and slides of comic strips depicting a machine gun–toting woman character named “Frisco Mary” blowing away law enforcement officials without remorse that were circulated widely in the media. Kefauver anticipated that the press generated by these hearings would help him gain publicity for a bid to get on the 1956 Democratic presidential ticket. He lost the presidential nomination battle but ended up the vice presidential candidate for the losing side (Nyberg, 1998).

Committee Work

Committees are powerful gatekeepers. They decide the fate of bills by determining which ones will move forward and be considered by the full House and Senate. Committee members have tremendous influence over the drafting and rewriting of legislation. They have access to experts and information, which gives them an advantage when debating bills on the floor (Shepsle & Weingast).

Committee chairs are especially influential, as they are able to employ tactics that can make or break bills. Powerful chairs master the committee’s subject matter, get to know committee members well, and form coalitions to back their positions. Chairs can reward cooperative members and punish those who oppose them by granting or withholding favors, such as supporting pork barrel legislation that will benefit a member’s district (Fenno, 1973).

Most committee work receives limited media coverage. Investigative hearings are the exception, as they can provide opportunities for high drama.

Committee Investigations

Conducting investigations is one of the most public activities in which congressional committees engage. During the Progressive Era of the 1890s through 1920s, members could gain the attention of muckraking journalists by holding investigative hearings to expose corruption in business and government. The first of these was the 1913 “Pujo hearings,” in which Rep. Arsene Pujo (D-LA) headed a probe of Wall Street financiers. High-profile investigations in the 1920s included an inquiry into the mismanagement of the Teapot Dome oil reserves. During the Great Depression of the 1930s, Congress conducted an investigation of the stock market, targeting Wall Street once again. Newspapers were willing to devote much front-page ink to these hearings, as reports on the hearings increased newspaper readership. In 1950, Senator Kefauver held hearings investigating organized crime that drew 30 million television viewers at a time when the medium was new to American homes (Mayhew, 2000).

The Senate convened a special committee to investigate the Watergate burglaries and cover-up in 1973. The burglars had been directed by President Richard Nixon’s reelection committee to break into and wiretap the Democratic National Committee headquarters at the Watergate building complex. The Watergate hearings became a national television event as 319 hours of the hearings were broadcast and watched by 85 percent of American households. Gavel-to-gavel coverage of the hearings was broadcast on National Public Radio. The senators who conducted the investigation, especially Chairman Sam Ervin (D-NC) and Senator Howard Baker (R-TN), became household names. The hearings resulted in the conviction of several of President Nixon’s aides for obstruction of justice and ultimately led to Nixon’s resignation (Gray, 1984).

Figure 12.12

The Senate Watergate hearings in 1973 were a major television and radio event that brought Congress to the attention of the entire nation. Film clips of highlights from the Watergate hearings are available on the Watergate Files website of the Gerald R. Ford Library & Museum.

Wikimedia Commons – CC BY-SA 3.0.

In 2002, the House Financial Services Committee held thirteen hearings to uncover how Enron Corporation was able to swindle investors and drive up electricity rates in California while its executives lived the high life. Prior to the hearings, which made “Enron” a household word, there was little press coverage of Enron’s questionable operating procedures.

Enron’s Skilling Answers Markey at Hearing; Eyes Roll

(click to see video)

A clip of the Enron hearings before the House illustrates how Congress exercises its investigative power.

Enduring Image

The House Un-American Activities Committee and Hollywood

Following World War II, chilly relations existed between the United States and the Communist Soviet Union, a nation that had emerged as a strong power and had exploded an atomic bomb (Giglio, 2000). The House Un-American Activities Committee (HUAC), which was established in 1939 to investigate subversive activities, decided to look into allegations that Communists were threatening to overthrow American democracy using force and violence. People in government, the labor movement, and the motion picture industry were accused of being communists. Especially sensational were hearings where Hollywood actors, directors, and writers were called before the HUAC. It was not uncommon for people in Hollywood to have joined the Communist Party during the Great Depression of the 1930s, although many were inactive at the time of the hearings. HUAC alleged that film “was the principle medium through which Communists have sought to inject their propaganda” (Gianos, 1998).

Those accused of being communists, nicknamed “reds,” were called before the HUAC. They were subject to intense questioning by members of Congress and the committee’s counsel. In 1947, HUAC held hearings to investigate the influence of Communists in Hollywood. The “ Hollywood Ten ,” a group of nine screenwriters, including Ring Lardner, Jr. and Dalton Trumbo, and director Edward Dmytryk, were paraded before the committee. Members of Congress shouted to the witnesses, “Are you now or have you ever been a member of the Communist Party?” They were commanded to provide the names of people they knew to be Communists or face incarceration. Some of the Hollywood Ten responded aggressively to the committee, not answering questions and making statements asserting their First Amendment right to free expression. Blinding flashbulbs provided a constant backdrop to the hearings, as photographers documented images of dramatic face-offs between committee members and the witnesses. Images of the hearings were disseminated widely in front-page photos in newspapers and magazines and on television.

The HUAC hearings immortalized the dramatic image of the congressional investigation featuring direct confrontations between committee members and witnesses.

The Hollywood Ten refused to cooperate with HUAC, were cited for contempt of Congress, and sent to prison (Ceplair, 1994). They were blacklisted by the leaders of the film industry, along with two hundred other admitted or suspected communists, and were unable to work in the motion picture industry. Pressured by personal and financial ruin, Edward Dmytryk eventually gave in to HUAC’s demands.

Commercial films have perpetuated the dramatic image of congressional hearings made popular by the HUAC investigations. Films released around the time of the hearings tended to justify the actions the HUAC, including Big Jim McClain (1952) and On the Waterfront (1954). The few films made later are more critical. Woody Allen plays a small-time bookie who fronts for blacklisted writers in The Front (1976), a film depicting the personal toll exacted by the HUAC and blacklisting. In Guilty by Suspicion (1991), Robert DeNiro’s character refuses to name names and jeopardizes his career as a director. One of the Hollywood Ten (2000), graphically depicts film director Herbert Biberman’s experience in front of the HUAC before he is jailed for not cooperating.

Key Takeaways

Much of the important work in Congress is accomplished through committees. The fate of legislation—which bills will make it to the floor of the House and Senate—is determined in committees. Members seek committee assignments considering their desire to influence policy, exert influence, and get reelected. Most committee work receives little, if any, media coverage. Investigative committees are the exception when they are covering hearings on high-profile matters.

• What is the role of congressional committees? What determines which committees members of Congress seek to be on?
• What are generally considered to be the most powerful and prestigious committees in Congress? What do you think makes those committees so influential?

Ceplair, L., “The Hollywood Blacklist,” in The Political Companion to American Film , ed. Gary Crowdus (Chicago: Lakeview Press, 1994), 193–99.

Fenno, R., Congressmen in Committees (Boston: Little, Brown, 1973).

Gianos, P. L., Politics and Politicians in American Film (Westport, CT: Praeger, 1998), 65.

Giglio, E., Here’s Looking at You (New York: Peter Lang, 2000).

Gray, R., Congressional Television: A Legislative History (Westport, CT: Greenwood Press, 1984).

Mayhew, D. R., America’s Congress (New Haven, CT: Yale University Press, 2000).

Nyberg, A. K., Seal of Approval (Oxford: University of Mississippi Press, 1998).

Shepsle, K. A., and Barry R. Weingast, “The Institutional Foundations of Committee Power,” American Political Science Review 81: 85–104.

Wilson, W., Congressional Government (New York: Houghton Mifflin, 1885), 69.

American Government and Politics in the Information Age Copyright © 2016 by University of Minnesota is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License , except where otherwise noted.

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FAC Number: 2024-04 Effective Date: 05/01/2024

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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1.1 Defining Politics: Who Gets What, When, Where, How, and Why?

Learning outcomes.

By the end of this section, you will be able to:

• Define and describe politics from various perspectives.
• Identify what makes a behavior political.
• Identify and discuss the three core elements of any political event: rules, reality, and choices.
• Define and discuss varieties of constitutions.

Politics has existed as long as humans have faced scarcity, have had different beliefs and preferences, and have had to resolve these differences while allocating scarce resources. It will continue to exist so long as these human conditions persist—that is, forever. Politics are fundamental to the human condition.

Politics means different things to different people. Politics , and related terms like political and politician , can have both positive and negative connotations. The Greek philosopher Aristotle argued that humans were “political animals” in that only by engaging in politics could humans reach their highest potential. 5 Yet often, the terms political and politician can be used in disparaging ways to refer to individuals using trickery or manipulation to obtain or preserve their status or authority. More formally, a politician is someone running for elective office or serving in it or as a person who is using the skills of a politician in other social interaction. A political actor is anyone who is engaged in political activity. Politics involves all the actions of government and all the people who work for, serve, or challenge it.

This book takes the broadest view, adopting the guidance of political scientist Harold Lasswell , who defined politics as “who gets what, when, how.” 6 Politics exists wherever people interact with one another to make decisions that affect them collectively. Politics exists within families. When parents decide where the family will live: politics. The family (who) gets a place to live (what) at the point of decision (when) based on the parents’ choice (how). When your school decides what tuition to charge: politics. When the government imposes taxes or funds education: politics. Most generally, politics is any interaction among individuals, groups, or institutions that seek to arrive at a decision about how to make a collective choice, or to solve some collective problem. Political science focuses primarily on these interactions as they involve governments. 7

Every political event is different. The mass protests in Hong Kong in 2020, inspired by those seeking to protect their political rights, were not exactly the same as the Black Lives Matter protests in the United States or the climate change actions animated by Swedish environmental activist Greta Thunberg . Yet as varied as political situations can be, there are commonalities across these events and over all political activities. Whenever you seek to understand a political event—whether an election in Tanzania, a protest in Estonia, or a public health program in Indonesia—it is useful to focus on the following:

What are the most important rules ? What is the reality of the existing event or environment? What choices do the participants make? Political outcomes—for example, which candidate wins an election—are based on the interaction of these rules, realities, and choices.

The importance of rules in politics or in life cannot be overstated. In virtually every human endeavor, the most successful individuals are likely to have a keen knowledge of the rules and how to use (or break) the rules to the advantage of their cause. Ignorance of the rules makes accomplishing your goals more difficult.

Rules can be highly precise or open to interpretation. In chess, for example, the rules are completely known to all players: each piece can move in certain directions but in no other ones. Each player takes a turn; that’s the rule. Although chess is highly complex, each player’s options at any given time are known. Chess champions—in fact, all champions—know how to use the rules to their advantage.

College campuses have their own sets of formal and informal rules, and not all of them are as precise as those in chess. The de jure rules are the rules as they are written, the formal rules. The de facto rules are the ones actually practiced or enforced, the informal rules. For example: a sign might state that the ( de jure ) speed limit is 55 miles per hour, but if police do not give tickets to drivers unless they are driving 65 miles per hour, then that is the de facto rule. To thrive at college, it is useful to understand not only the formal rules but also the informal rules, which have been called “the hidden curriculum.” 8

The rules in any political environment affect who has power and how they can use it. Consider the rules that determine who can vote and how. These rules can be permissive or strict, making voting either easier or harder to do. The harder it is to vote, the fewer people will actually cast their ballots and vice versa. Voting rules influence who shows up to vote. Politicians who believe they have a better chance of success under permissive voting rules are likely to advocate for such rules, while politicians who believe they are more likely to prevail under restrictive voting rules will advocate for them instead.

Rules might appear to be neutral—that is, they may seem fair and not designed to favor one group over another—but this is not entirely true. Until recently, to become a pilot in the US Air Force, a person had to be no shorter than 5 feet 4 inches and no taller than 6 feet 5 inches: the short and the tall were excluded from this opportunity. The rule might be in place for a good reason—in this case, to ensure that pilots can fit properly into their seats—but rules like these allocate opportunities and resources to some while withholding them from others. Because this rule excluded over 40 percent of American women from becoming pilots, it has been modified. 9

Rules are everywhere in politics. Your family has rules—even if the main rule is “no rules”—as does your school. Rules, such as Robert’s Rules of Order , 10 govern legislatures, and the criminal justice system, the tax system, and the national immigration systems are all based, at least in principle, on rules.

Rules and institutions are closely related. The institution of marriage or the institution of the family, for example, are the sets of rules (rights, roles, and responsibilities) by which those within the marriage or family live. Alternatively, institutions can be organizations, which are groups of people working together for a common purpose whose actions are governed by rules.

Perhaps the most important set of rules for any institution or organization is its constitution . The constitution affirms the most basic legal principles of a country or a state. These principles typically include the structure of the government, its duties, and the rights of the people. Constitutions can be quite general or extremely detailed. The Constitution of Monaco has fewer than 4,000 words, while the Constitution of India has nearly 150,000 words. 11 Unlike the United States, some countries, including Canada, New Zealand, and the United Kingdom, do not have a single document they call the constitution but instead rely on other written and even unwritten sources. In most countries the constitution is called just that—the constitution—although Germany, Oman, Saudi Arabia, and a few other countries call their constitutions the basic law. 12

What Is a Constitution?

Constitutions define the relationship between people and their government. They give powers to and place limits upon the government and serve as the basis for any other laws or government activities.

Constitutions are perhaps the most important set of rules in a country because, after all, they are just pieces of paper. The true importance of a country’s constitution depends on the politics of that country. In the United States, the Constitution is venerated almost as if it were a religious document. Most of the biggest conflicts throughout US history have involved disputes over what the Constitution requires, allows, or prohibits. When the US Supreme Court rules that a political action is unconstitutional, the violator—whether it be the president, the Congress, or any other group or individual in society—is expected to comply with the ruling and stop the action. 13 But this is not always the case everywhere. Politicians in any country may be tempted to ignore their constitutions, especially when it comes to the rights they ostensibly guarantee, and whether those politicians prevail depends on whether other political actors are willing and able to uphold the constitution.

Because rules affect the allocation of power and other scarce resources, political actors spend substantial time and effort fighting over them. In general, political actors seek to establish rules that benefit them and their allies.

Rules guide and constrain behavior, but the reality on the ground at any specific time also impacts political outcomes. Reality —facts—is not a matter of opinion, although people can dispute the nature of reality. Something is a fact , for example, when there is compelling evidence that an event has happened or a condition exists. The sun rises in the East: reality. The United Nations is an international organization: fact (reality). 14 Has the United Nations made the world a better place? That is a matter of opinion, although those who say “yes” or “no” can provide facts that support their views about reality. 15

How candidates can raise and spend money on their electoral campaigns may be limited by campaign finance laws, but if one candidate raises twice as much money as the other candidate, that is an important fact. If one candidate is the incumbent —a politician already serving in office and running for reelection—and the other is not, that is an important fact. These are important facts because whether or not a candidate is an incumbent and how much campaign money they raise may affect their chances of winning the election. In US elections, for example, incumbents generally have a better chance of being elected (although the strength of this relationship has varied over time), while the impact of fundraising on electoral success is open to question. 16

In chess, the rules are constant, never changing during the game. The reality changes as play proceeds—at any moment each player has a specific number of pieces in particular places on the board. What happens then depends on the choices the players make. This is as true for politics as for any other game. A key difference between chess and politics is that, in politics, the players themselves can change the rules of the game while they are playing.

Politics can be thought of as having the characteristics of a game. The players—anyone involved in political action—make strategic choices, given the rules and the current conditions, in an attempt to “win” the game by obtaining their goals.

Rules provide constraints and opportunities. Reality presents resources and challenges. The choices participants make in the face of rules and reality determine political outcomes. Choice exists whenever political actors face options, which they always do. If there are two candidates in an election for a single position, the voter has to choose between them, not being able to vote for both. Even if there is only one candidate, the voter still has an option: to vote for the candidate or to abstain.

In a democracy , the winning candidate wins because more voters chose to vote, and vote for that candidate, than for other options. The very definition of democracy is that it is a form of government in which the people have the ability to choose their leaders or, in some cases, the policies that they will adopt. 17

Political outcomes are always contingent; they cannot be predicted with certainty in advance. That does not mean, however, that outcomes are completely unpredictable. By accounting for the rules, how human behavior works, and existing realities, it is possible to reasonably predict what is likely to happen and explain what does happen.

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Government Contract Novation Vs Assignment of Contract & FAR 42.1204 Novation Clause

All should be aware that the contracting officer does not have to approve every assignment of contract transactions under the FAR 42.1204 contract novation clause .

• Avoid the costly mistake of assuming that the government must approve all novations.
• If done improperly, contractors can be found in breach of contract terms and can even face suspension or debarment .

Novation Agreement FAR 42.1204 Definition

In federal government contracting,  developing a novation can be somewhat unique because depending on the facts of each case, the original parties may still be responsible for performance to the government.  Whereas, in the commercial sector, the contract novation definition means that a new party to the contract essential substitutes the original party. In other words in the commercial sector, the original party’s obligation is discharged and substitution of an original party to a contract with a new party, or substitution of an original contract with a new contract.

Federal Government Contract Novation vs Assignment of Contract

Business Asset Purchase Agreement and Contract Assignment  Clause Issues

What is the difference between assignment and novation? Simply executing a business asset purchase agreement and a signed novation contact agreement  when buying or selling a business is not the end of the legal analysis when there is a government contract involved.  The contracting officer must approve the assignment of government contracts and or novation agreement . Your novation letter should address critical issues that answer the contracting officer’s concerns about the risk of performance. Novating government contracts is all about minimizing the risk to the agency.

In one case , SBA OHA ignored the argument that when novating a contract, its purchase and sale contract with the buyer had the legal effect of divesting the seller of any control over the current contracts. In that case, there was no formally approved novation agreement FAR contract. As a result, the whole transaction went to waste because the parties lacked a full understanding of the rules. A Government contract may not be automatically transferred to a third party. See 41 USC 15.

• In government contracting, if there is a performance problem, for example in construction, and a termination for default is an issue, or the surety is called upon for obligations under a performance bond, then the original party may not necessarily be discharged.
• Assignment of government contracts decisions, when there is a purchase and sale agreement involving a company that has existing government contracts, should be met with caution.

On the issue of contract novation vs assignment , although the FAR 42.1204 assignment novation clause allows the buying and selling parties to execute a novation vs assignment agreement due to an asset purchase or stock sale, companies should still assess legal issues related to violation of SBA small business size standards. 

• Companies should always keep the agency involved from the beginning of the process to the end.

41 USC 6305 – Contract Assignment Clause – Prohibition on transfer of contract and certain allowable assignments

Under the federal contract assignment clauses, when there are business sales that involve government contracts, the purchase and sale agreement suggests that the contracts would be transferred to the buyer either through a business asset purchase agreement sale or stock sale.

However, the reality is that although FAR 42.1204 allows for a novation of contract agreement, the contracting officer is not obligated to approve it.  A federal government contracting agency, only when it determines it to be in its interest, may accept a third party as the successor in interest when the third party’s interest in the contract arises out of the transfer of all of the contractor’s assets or the entire portion of the contractor’s assets involved in performing the contract. FAR 42.1204 (a). See also How Do Federal Government Contractors Deal With COVID-19 Problems ?

• The contracting officer is not forced to approve the  FAR novation clause language if the transaction is not in the government’s best interest.
• If the government declines to novate a contract, the original contractor is still responsible for performance. FAR 42.1204 (c) contract novation clause.
• If the assignment of contract is not recognized by the contracting officer, and the original contractor does not perform, the original contractor can be terminated for default.

Potential SBA Size Standard Violations

When assessing government novation contract law rules, the SBA found in one case that since there was no approved assignment of the contract through an approved government novation agreement, the two businesses were deemed affiliated through the identity of interest rule.

On appeal, OHA found that since there was no formal contract novation, the seller was still responsible for the contract performance, and both companies were in the same line of business. In that case, the SBA also found that there was no clear fracture between the buyer and seller. The two businesses were therefore also affiliated with the newly organized concern rule.

Help With Government Contracting Companies for Sale

Oftentimes, buyers and sellers do not understand the complex regulations involved with government contracting companies for sale. Not only are novation agreements a potential issue, the due diligence needed and the ability to address buyers’ other business relationships that can impact their small business size status can be a huge problem. Contact Theodore Watson at 720.941.7200 for immediate help.

Legal Issues Regarding Novation Vs Assignment 

Assignment vs novation. Know the difference: There are several legal issues that arise under federal contract novation agreement FAR law during the purchase and business sales, assignment and transfer of federal contracts when government contracts are involved.  Common issues that occur with the assignment novation clause terms include: (1) whether the seller is simply trying to sell the contract with no real assets, (2) how to structure the asset purchase agreement and whether wait for contracting officer novation approval first and (3) to what degree does the contracting officer have to approve the novation. The first step is to be proactive in the early stages of the asset purchase or stock sale process.

Having the right contract clauses in the sales agreement is critical in the event that the contracting officer does not approve the contract novation. Other issues with novating a contract include the buyer maintaining its small business status in the event of recertification or option year decisions. Find out more about Signs of Being Under Investigation (Federal)

For additional questions about what is the difference between assignment and novation for federal contractors buying and selling a business that includes an assignment and FAR novation agreement or assignment of contract issues under FAR 42.1204 novation clause, or need help with government contracting companies for sale, call Watson & Associates’ government  contract novation law lawyers for immediate help. Call 1-866-601-5518. FREE INITIAL CONSULTATION.

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U. S. Government - McCauley: Assignment - GOVT 2305

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This page includes your instructor's class assignment and choice library resources to assist you with this specific assignment. You'll find the library's best databases, selected Internet resources and government websites. Consult the other pages in this guide for additional resources at the federal level.

When performing Internet searches, please refer to the tab above labeled  Evaluating Websites  for tips on how to identify credible information.

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• Points of View Reference Center Search a list of hundreds of pre-selected topics or perform your own direct search. Selections from the list also include a pro and con view of the topic. Great resource for debates and speech topics!
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Course Assignments

• Writing Assignment #1
• Writing Assignment #2
• Grading Rubric

The topic for the 1st assignment is :       " Was the 17th Amendment a Good Idea or Not and Why?"

These are the instructions for writing your First Major Writing Assignment, which will be a White Paper:

You will be making a recommendation to the members of Congress on what you believe the Founding Fathers meant when they wrote Article II, Section 4 of the Constitution, and especially what they meant by the term "high crimes and misdemeanors". You will form your recommendation based on information from class discussion, your text and other sources.

• What is a "White Paper"?: The best definition is " a government or other authoritative report giving information or proposals on an issue."   A White Paper provides solid information to someone to help them decide how to resolve a problem or the best choice between various options. It presents the issue with background information, the various solutions, and then a recommendation of which is the best solution and why.  It explains how to implement that decision and how to convince others it is the best solution.
• How do I write a "White Paper"?: There are are lots of examples and directions available to help you. Here are a few links to show you how to do it. The TEMPLATE should be a big help!

In this assignment you will:

• Analyze  a significant issue in American political history (the Constitutional standards for impeaching a President)
• Identify/Explain  the methods used by people involved to present their proposed solutions to that issue (Why was this wording used? What is the historical evidence of the meaning of the requirements of impeachment? What standards were used for the recent impeachment of Prs. Trump?)
• Discuss/Describe  how you would address and present your solution to the issue in the context of your rights and responsibilities as an American citizen. (Do you have clearer wording to replace "High crimes and misdemeanors" as an impeachment standard? If so, do you have a proposed amendment to change the Constitution in that manner?))
• Discuss/Describe  how you would promote your recommended solution to the issue in the context or your rights and responsibilities as an American citizen. (How, working within the law and societal constraints, can you implement your solution?)
• Following the order of a White Paper, make your argument based on what you believe will bring about he best results for the issue.

Length & Typeface/font:  The length of the paper should be minimum of three pages, double spaced, 12 pt, Times New Roman. The headings can be in any typeface, but no larger than 24 pt type, bold faced.

Your White Paper needs citations of any and all sources of information you use in your paper. Your paper should include  at least four different sources  from your research, but your textbook may count as one.  Use APA Style to cite all the places in your paper where you can use information from sources you find in your research.    How to Cite APA Link Here

In addition to your APA citations (author name, year published, page number inside parentheses) your White Paper needs a separate page entitled REFERENCES. On this page you will alphabetically list ALL your references with full citations. Again, see the LINK above for how to write a full citation on the Reference page. This page does NOT count in the minimum 3 pages/double spaced you should write for your paper. If you cite websites, be sure to give a complete and correct url citation. It is recommended that you check the web url before submitting so I can look it up myself to check your sources.

Your White Paper does NOT need a table of contents (see LINK above).

Images and illustrations can be used but are not required.  Graphs and other statistical support are helpful and add to the credibility of your argument. 

Your grade is based on the following:

1. Did you make a compelling, factual argument for your position? 

2.  Do your  references support your claims  with solid research?

3.  Is your  writing, spelling, grammar and punctuation appropriate for college level readers?  If you need help, visit the Writing Lab in the TJC Library on the 2nd floor.

4.  Your paper must show evidence of  personal & social responsibility. Your writing needs to show you are making sound recommendations that indicate you have considered how this decision will affect others.

The topic for the 2nd assignment is:   "The Approval Process for Supreme Court Justices"

This is your  Second Major Writing Assignment  as part of the Core Curriculum requirements of the State of Texas and Tyler Junior College. Please read ALL of the instructions below before you begin your research. As always with writing, start with an outline, then build your argument from the information you have discovered in your research.  Review again the comments I made on your First Writing Assignment to make sure you don't make the same errors this time. After reading the directions several times, if you have questions, please ask or email me.

TOPIC FOR THIS PAPER:  As we have discussed in class, the Constitution is rather vague about the qualifications to become a federal judge, even for those who sit on the U.S. Supreme Court. It also gives the President the right to nominate or name a federal judge, but the Senate has "advise and consent" authority. Historically, politics hasn't played a major role in Senate confirmation of a President's Supreme Court nominee, but that began to change during the Reagan years and the process is certainly political today . Your White Paper is to make recommendations to the Senate for new rules (possibly an amendment?) for how you think this process could be improved.  The specifications for this white paper are exactly the same as for the first writing assignment.

• WHAT IS A "WHITE PAPER?" : The best definition is "a government or other authoritative report giving information or proposals on an issue." A White Paper provides solid information to someone to help them decide how to resolve a problem or the best choice between various options. It presents the issue with background information, the various solutions, and then a recommendation of which is the best solution and why. It explains how to implement that decision and how to convince others it is the best solution.
• HOW DO I WRITE A "WHITE PAPER?" : There are lots of examples and directions available to help you:

In this assignment you will :

• Analyze  a significant issue in American political history (in this case, the issue is the Supreme Court justice nomination and approval process),
• Identify/Explain the methods used by people involved to present their proposed solutions to that issue (How did the Founding Fathers plan for this to work? How or why did that process change? )
• Discuss/Describe how you would address and present your solution to the issue in the context of your rights and responsibilities as an American citizen. (What recommendation do you propose?)
• Discuss/Describe how you would promote your recommended solution to the issue in the context of your rights and responsibilities as an American citizen. (How, working within the law and societal constraints, can you implement your solution?)
• Following the order of a White Paper, make your argument based on what you believe will bring about the best results for this issue.

Length & Typeface/font : I do not grade based on word count or number of pages, but it would be impossible to make a compelling argument in less than three pages of double typed, 12 pt type. (Use a serif type like Times New Roman for the body; that is easier to read. Your headings can be in any typeface, but no larger than 24 pt. type, bold faced.)

Your White Paper needs citations of any and all sources of information you use in your paper. Your paper should include at least four different sources from your research, but your textbook may count as one.  Use APA Style to cite all the places in your paper where you use information from sources you find in your research. APA LINK Here

 In addition to your APA citations (author name, year published, page number inside parentheses) your White Paper needs a separate page entitled REFERENCES. On this page you will alphabetically list ALL your references with full citations. Again, see the Link above for how to write  a full citation on the Reference page. This page does NOT count in the minimum 3 pages/double spaced you should write for your paper. If you cite websites (which you probåbly will) be sure you give a complete and correct URL citation so I can look it up myself to check your sources.

Your White Paper does NOT need a table of contents, although these are often used in professional white papers (see samples through the link above.)

You can choose to include images and illustrations if you wish to, but they are not necessary.  Graphs and other statistical support are helpful and add to the credibility of your argument. 

You may choose any position on this issue (supporting a change, or not supporting a change) as long as your position is supported by your research and facts. Your grade is based primarily on the following factors:

1. Did you make a  compelling, factual argument  for your position?

2. Do your  references support your claims  and does your paper indicate you did solid research?

3. Is your  writing, spelling, grammar and punctuation appropriate for college level readers? If this is your weakness,  go visit the Writing Lab in the TJC Library, 2nd floor.  Nothing will turn off a reader faster than sentences that are difficult to follow, poor punctuation or poor paragraphing, and misspelled words.

4. Does your white paper show evidence of  personal responsibility and social responsibility ? This means  does your writing indicate that you are making sound, responsible recommendations that indicate you have considered how this decision will affect others.

Subject Guide

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Seventeenth Amendment

Seventeenth Amendment and Constitution

17th Amendment and States

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Seventeenth Amendment and Modern Elections

17th Amendment and 21st Century

17th Amendment and Changes

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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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• Cambridge Dictionary +Plus

Meaning of assignment in English

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• It was a jammy assignment - more of a holiday really.
• He took this award-winning photograph while on assignment in the Middle East .
• His two-year assignment to the Mexico office starts in September .
• She first visited Norway on assignment for the winter Olympics ten years ago.
• He fell in love with the area after being there on assignment for National Geographic in the 1950s.
• act as something
• all work and no play (makes Jack a dull boy) idiom
• be at work idiom
• be in work idiom
• housekeeping
• in the line of duty idiom
• undertaking

You can also find related words, phrases, and synonyms in the topics:

assignment | American Dictionary

Assignment | business english, examples of assignment, collocations with assignment.

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• on assignment
• American    Noun
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