Page:United States Statutes at Large Volume 124.djvu/3831

 124 STAT. 3805 PUBLIC LAW 111–350—JAN. 4, 2011 (B) the surety on any bond connected with the contract; and (C) the disbursing officer, if any, designated in the con- tract to make payment. (7) VALIDITY.—Notwithstanding any law to the contrary gov- erning the validity of assignments, an assignment under this subsection is a valid assignment for all purposes. (8) NO REFUND TO COVER ASSIGNOR’S LIABILITY.—The assignee of an assignment under this subsection is not liable to make any refund to the Federal Government because of an assignor’s liability to the Federal Government, whether that liability arises from the contract or independently. (9) AVOIDING REDUCTION OR SETOFF WITH CERTAIN CON- TRACTS.— (A) CONTRACT PROVISION.—A contract of the Department of Defense, the General Services Administration, the Department of Energy, or another department or agency of the Federal Government designated by the President may, on a determination of need by the President, provide or be amended without consideration to provide that pay- ments made to an assignee under the contract are not subject to reduction or setoff. Each determination of need by the President under this subparagraph shall be pub- lished in the Federal Register. (B) CARRYING OUT CONTRACT PROVISION.—When a ‘‘no reduction or setoff’’ provision as described in subparagraph (A) is included in a contract, payments to the assignee are not subject to reduction or setoff for an assignor’s liability arising— (i) independently of the contract; (ii) on account of renegotiation under a renegotiation statute or under a statutory renegotiation article in the contract; (iii) on account of fines; (iv) on account of penalties; or (v) on account of taxes, social security contributions, or the withholding or non-withholding of taxes or social security contributions, whether arising from or independently of the contract. (C) LIMITATION.—Subparagraph (B)(iv) does not apply to amounts which may be collected or withheld from the assignor in accordance with or for failure to comply with the terms of the contract. § 6306. Prohibition on Members of Congress making con- tracts with Federal Government (a) IN GENERAL.—A Member of Congress may not enter into or benefit from a contract or agreement or any part of a contract or agreement with the Federal Government. (b) EXEMPTIONS.— (1) IN GENERAL.—Subsection (a) does not apply to contracts that the Secretary of Agriculture may enter into with farmers. (2) CERTAIN ACTS.—Subsection (a) does not apply to a contract entered into under— (A) the Agricultural Adjustment Act (7 U.S.C. 601 et seq.); (B) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.); or