rights, leave entitlement, and other rights and privileges based upon length of service under the laws administered by the Office of Personnel Management, the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.], and every other Act establishing or governing terms and conditions of service of civilian employees of the United States Government: Provided: That service of a volunteer shall not be credited toward completion of any probationary or trial period or completion of any service requirement for career appointment. (d) Competitive service Volunteers serving in programs for periods of service of at least one year under part A of subchapter I of this chapter, and volunteers serving for such periods under title VIII of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2991-2994d), including those whose service was completed under such Act, who the Director determines, in accordance with regulations the Director shall prescribe, have successfully completed their periods of service, shall be eligible for appointment in the competitive service in the same manner as Peace Corps volunteers as prescribed in Executive Order Number 11103 (April 10, 1963). (e) Reference in other laws to service under provisions relating to Volunteers in Service to America deemed references to service under subchapter I of this chapter Notwithstanding any other provision of law, all references in any other law to persons serving as volunteers under title VIII of the Economic Opportunity Act of 1964, as amended [42 U.S.C. 2991 et seq.] shall be deemed to be references to persons serving as full-time volunteers in a program of at least one year's duration under part A, B, or C of subchapter I of this chapter. (f) Civil actions (1) The remedy (A) against the United States provided by sections 1346(b) and 2672 of title 28, or (B) through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under section 1346(b) or 2672 of such title 28, for damages for personal injury, including death, allegedly arising from malpractice or negligence of a physician, dentist, podiatrist, optometrist, nurse, physician assistant, expanded-function dental auxiliary, pharmacist, or paramedical (for example, medical and dental technicians, nursing assistants, and therapists) or other supporting personnel in furnishing medical care or treatment while in the exercise of such person's duties as a volunteer enrolled under subchapter I of this chapter shall be exclusive of any other civil action or proceeding by reason of the same subject matter against such person (or such person's estate) whose action or omission gave rise to such claim. (2) The Attorney General of the United States shall defend any civil action or proceeding brought in any court against any person referred to in paragraph (1) of this subsection (or such person's estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver, within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person's immediate supervisor or to whomever is designated by the Director to receive such papers, and such persons shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought and to the Attorney General. (3) Upon a certification by the Attorney General that the defendant was acting in the scope of such person's volunteer assignment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28, and all references thereto. After removal the United States shall have available all defenses to which it would have been entitled if the action had originally been commenced against the United States. Should a district court of the United States determine on a hearing on a motion to remand held before at trial on the merits that the volunteer whose act or omission gave rise to the suit was not acting within the scope of such person's volunteer assignment, the case shall be remanded to the State court. (4) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28 and with the same effect. (Pub. L. 93-113, Title IV, §415, Oct. 1, 1973, 87 Stat. 411; Pub. L. 96-143, §§ 11, 18(c)(2), Dec. 13, 1979, 93 Stat. 1078, 1083; Pub. L. 96465, Title II, §§ 2206(h), Oct. 17, 1980, 94 Stat. 2163; Pub. L. 99-551, § 10(i)(9), Oct. 27 1896, 100 Stat. 3078; Pub. L. 103-82, Title III, §366, Oct. 27, 1986, 100 Stat. 3168; and Pub. L. 104–316, § 202(n)(2), Oct. 19, 1996, 110 Stat. 3844, Sept. 21, 1993, 107 Stat. 908.) CLAIMS AGAINST THE UNITED STATES GOVERNMENT MERITORIOUS CLAIMS ACT TITLE 31.-UNITED STATES CODE-MONEY AND FINANCE Sec. CHAPTER 37-CLAIMS SUBCHAPTER I-GENERAL 3701. Definitions and application. 3702. Authority to settle claims. SUBCHAPTER II (CLAIMS OF THE UNITED STATES SUBCHAPTER III-CLAIMS AGAINST THE UNITED STATES 3721. Claims of personnel of agencies and the District of Columbia government for personal property damage or loss. 3722. Claims of officers and employees at Government penal and correctional institutions. 3723. Small claims for privately owned property damage or loss. 3724. Claims for damages caused by investigative or law enforcement officers of the Department of Justice. 3725. Claims of non-nationals for personal injury or death in a foreign country. 3726. Payment for transportation. 3727. Assignments of claims. 3728. Setoff against judgment. (E) the unpaid share of any non-Federal partner in a program involving a Federal payment and a matching, or cost-sharing, payment by the non-Federal partner, (F) any fines or penalties assessed by an agency; and (G) other amounts of money or property owed to the Government. (2) For purposes of section 3716 of this title, each of the terms "claim" and "debt" includes an amount of funds or property owed by a person to a State (including any past-due support being enforced by the State), the District of Columbia, American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the Commonwealth of Puerto Rico. (c) In sections 3716 and 3717 of this title, the term "person" does not include an agency of the United States Government. (d) Sections 3711(e) and 3716-3719 of this title do not apply to a claim or debt under, or to an amount payable under (1) the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), (2) the Social Security Act (42 U.S.C. 301 et seq.), except to the extent provided under sections 204(f) and 1631(b)(4) of such Act and section 3716(c) of this title, or (3) the tariff laws of the United States. (e) In section 3716 of this title (1) "creditor agency" means any agency owed a claim that seeks to collect that claim through administrative offset; and (2) "payment certifying agency" means any agency that has transmitted a voucher to a disbursing official for disbursement. (f) In section 3711 of this title, "private collection contractor" means private debt collectors under contract with an agency to collect a nontax debt or claim owed the United States. The term includes private debt collectors, collection agencies, and commercial attorneys. (Pub. L. 97-258, Sept. 13, 1982, 86 Stat. 970; Pub. L. 97-452, § 1(13)(A), Jan. 12, 1983, 96 Stat. 2469; Pub. L. 103-387, §5(b), Oct. 22, 1994, 108 Stat: 4077, Publ L. 103-387, § 5(b), Oct. 22, 1994, 108 Stat. 4077; Pub. L. 104-134, §31001(c)(2), (d)(1), (3), (z)(1), Apr. 26, 1996, 110 Stat. 1321-359, 1321-361, 1321-378; Pub. L. 104-316, § 115(g)(2)(A), Oct. 19, 1996, 110 Stat. 3835; and Pub. L. 106-169, § 203(b), Dec. 14, 1999, 113 Stat. 1832.) REVISION NOTE Public Law 101-163, title I, section 11(a), Nov. 21, 1989, 103 Stat. 1046, Provided that: “For purposes of subchapters I and II of chapter 37 of title 31, United States Code (relating to claims of or against the United States Government), the United States Senate shall be considered to be a legislative agency (as defined in section 3701(a)(4) of such title), and the Secretary of the Senate shall be deemed to be the head of such legislative agency." § 3702. Authority to settle claims (a) Except as provided in this chapter or another law, all claims of or against the United States Government shall be settled as follows: (1) The Secretary of Defense shall settle (A) claims involving uniformed service members' pay, allowances, travel, transportation, payments for unused accrued leave, retired pay, and survivor benefits; and (B) claims by transportation carriers involving amounts collected from them for loss or damage incurred to property incident to shipment at Government expense. (2) The Director of the Office of Personnel Management shall settle claims involving Federal civilian employees' compensation and leave. 3729. False claims. 3730. Civil actions for false claims. SUBCHAPTER I-GENERAL § 3701. Definitions and application (a) In this chapter (1) "administrative offset" means withholding funds payable by the United States (including funds payable by the United States on behalf of a State government) to, or held by the United States for, a person to satisfy a claim. (2) "calendar quarter" means a 3-month period beginning on January 1, April 1, July 1, or October 1. (3) "consumer reporting agency" means (A) a consumer reporting agency as that term is defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)); or (B) a person that, for money or on a cooperative basis, regularly (i) gets information on consumers to give the information to a consumer reporting agency; or (ii) serves as a marketing agent under an arrangement allowing a third party to get the information from a consumer reporting agency. (4) “executive, judicial, or legislative agency" means a department, agency, or instrumentality in the executive, judicial, or legislative branch of the Government including government corporations. (5) "military department" means the Departments of the Army, Navy, and Air Force. (6) "system of records" has the same meaning given that term in section 552(a)(5) of title 5. (7) "uniformed services" means the Army, Navy, Air Force, Marine Corps, Coast Guard, Commissioned Corps of the National Oceanic and Atmospheric Administration, and Commissioned Corps of the Public Health Service. (8) "nontax" means, with respect to any debt or claim, any debt or claim other than a debt or claim under the Internal Revenue Code of 1986. (b)(1) In subchapter II of this chapter and subsection (a)(8) of this section, the term "claim" or "debt" means any amount of funds or property that has been determined by an appropriate official of the Federal Government to be owed to the United States by a person, organization, or entity other than another Federal agency. A claim includes, without limitation (A) funds owed on account of loans made, insured, or guaranteed by the Government, including any deficiency or any difference between the price obtained by the Government in the sale of a property and the amount owed to the Government on a mortgage on the property, (B) expenditures of nonappropriated funds, (C) over-payments, including payments disallowed by audits performed by the Inspector General of the agency administering the program, (D) any amount of the United States is authorized by statute to collect for the benefit of any person, |