r/title-38-VETERANS-BENEFITS wiki — defined terms

“Native American veteran” applies throughout its subchapter

The term “Native American veteran” means any veteran who is a Native American.;

“Native community development financial institution” applies throughout its subchapter

The term “Native community development financial institution” means any entity— (A) that has been certified as a community development financial institution by the Secretary of the Treasury; (B) that is not less than 51 percent owned or controlled by Native Americans; and (C) for which not less than 51 percent of the activities of the entity serve Native Americans. (9) The term “net tangible benefit” shall have such meaning as the Secretary determines appropriate, but shall include the refinance of an interim construction loan.;

“other technical assistance” applies throughout its subchapter

The term “other technical assistance” means services to assist a Native American veteran to navigate the steps necessary for securing a mortgage loan on trust land, including pre-development activities related to utilities, identifying appropriate residential construction services, and obtaining lease clearances and title status reports from the applicable tribal organization or the Bureau of Indian Affairs.;

“qualified non-Native American veteran” applies throughout its subchapter

The term “qualified non-Native American veteran” means a veteran who— (A) is the spouse of a Native American, but (B) is not a Native American.;

“tribally designated housing entity” applies throughout its subchapter

The term “tribally designated housing entity” has the meaning given that term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ).

“trust land” applies throughout its subchapter

The term “trust land” means any land that— (A) is held in trust by the United States for Native Americans; (B) is subject to restrictions on alienation imposed by the United States on Indian lands (including native Hawaiian homelands); (C) is located in the State of Alaska within a region established under section 7(a) of the Alaska Native Claims Settlement Act ( 43 U.S.C.

“adaptive equipment” applies throughout its chapter

The term “adaptive equipment” includes, but is not limited to, power steering, power brakes, power window lifts, power seats, special equipment necessary to assist the eligible person into and out of the automobile or other conveyance, and nonarticulating trailers solely designed to transport powered wheelchairs, powered scooters, or other similar mobility devices.

“eligible person” applies throughout its chapter

The term “eligible person” means the following: (A) Any veteran entitled to compensation under chapter 11 of this title for any of the following disabilities, if the disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, air, or space service: (i) The loss or permanent loss of use of one or both feet. (ii) The loss or permanent loss of use of one or both hands.

“career services” applies throughout its chapter

The term “career services” means local employment and training services of the type described in section 134(c)(2) of the Workforce Innovation and Opportunity Act.

“disabled veteran” applies throughout its chapter

The term “disabled veteran” has the same meaning provided in section 4211(3) of this title .;

“eligible person” applies throughout its chapter

The term “eligible person” means— (A) the spouse of any person who died of a service-connected disability, (B) the spouse of any member of the Armed Forces serving on active duty who, at the time of application for assistance under this chapter, is listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power, or (C) the spouse of any person who has a total disability permanent in nature …

“eligible veteran” applies throughout its chapter

The term “eligible veteran” has the same meaning provided in section 4211(4) of this title .;

“employment service delivery system” applies throughout its chapter

The term “employment service delivery system” means a service delivery system at which or through which labor exchange services, including employment, training, and placement services, are offered in accordance with the Wagner-Peyser Act.;

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Labor.;

“special disabled veteran” applies throughout its chapter

The term “special disabled veteran” has the same meaning provided in section 4211(1) of this title .;

“State” applies throughout its chapter

The term “State” means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, and may include, to the extent determined necessary and feasible, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas Islands, and the Trust Territory of the Pacific Islands.;

“veteran of the Vietnam era” applies throughout its chapter

The term “veteran of the Vietnam era” has the same meaning provided in section 4211(2) of this title .;

“appropriate committees of Congress” applies in that section

the term “appropriate committees of Congress” means— (A) the Committee on Veterans’ Affairs and the Committee on Health, Education, Labor, and Pension of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Education and Workforce 1 of the House of Representatives; and;

“nonprofit organization” applies in that section

the term “nonprofit organization” means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code.

“Post 9/11 Global Operations period” applies in that section

The term “Post 9/11 Global Operations period” means the period of the Persian Gulf War beginning on September 11, 2001 , and ending on the date thereafter prescribed by Presidential proclamation or law.;

“Post 9/11 Global Operations theaters” applies in that section

The term “Post 9/11 Global Operations theaters” means Afghanistan, Iraq, or any other theater in which the Global War on Terrorism Expeditionary Medal is awarded for service.

“eligible employee” applies in that section

the term “eligible employee” means any of the following: (1) A disabled veterans’ outreach program specialist. (2) A local veterans’ employment representative. (3) An individual providing employment, training, and placement services to veterans under the Workforce Investment Act of 1998 1 or through an employment service delivery system (as defined in section 4101(7) of this title ).

“department or agency” applies throughout its chapter

The term “department or agency” means any agency of the Federal Government or the District of Columbia, including any Executive agency as defined in section 105 of title 5 and the United States Postal Service and the Postal Regulatory Commission, and

“department, agency, or instrumentality in the executive branch” applies throughout its chapter

the term “department, agency, or instrumentality in the executive branch” includes the United States Postal Service and the Postal Regulatory Commission.;

“disabled veteran” applies throughout its chapter

The term “disabled veteran” means (A) a veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary, or (B) a person who was discharged or released from active duty because of a service-connected disability.;

“eligible veteran” applies throughout its chapter

The term “eligible veteran” means a person who— (A) served on active duty for a period of more than 180 days and was discharged or released therefrom with other than a dishonorable discharge; (B) was discharged or released from active duty because of a service-connected disability; (C) as a member of a reserve component under an order to active duty pursuant to section 12301(a), (d), or (g), 12302, or 12304 of title 10, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from such duty with other than a dishonorable discharge; or (D) was discharged or released from active duty by reason of a sole …

“recently separated veteran” applies throughout its chapter

The term “recently separated veteran” means any veteran during the three-year period beginning on the date of such veteran’s discharge or release from active duty.

“special disabled veteran” applies throughout its chapter

The term “special disabled veteran” means— (A) a veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary for a disability (i) rated at 30 percent or more, or (ii) rated at 10 or 20 percent in the case of a veteran who has been determined under section 3106 of this title to have a serious employment handicap; or (B) a person who was discharged or released from active duty because of service-connected disability.;

“veteran of the Vietnam era” applies throughout its chapter

The term “veteran of the Vietnam era” means an eligible veteran any part of whose active military, naval, or air service was during the Vietnam era.;

“covered veteran” applies in that section

The term “covered veteran” means any of the following veterans: (i) Disabled veterans. (ii) Veterans who served on active duty in the Armed Forces during a war or in a campaign or expedition for which a campaign badge has been authorized. (iii) Veterans who, while serving on active duty in the Armed Forces, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order No. 12985 (61 Fed. Reg. 1209). (iv) Recently separated veterans.

“agency” applies in that section

The term “agency” has the meaning given the term “department or agency” in section 4211(5) of this title .;

“qualified covered veteran” applies in that section

The term “qualified covered veteran” means a veteran described in section 4212(a)(3) of this title . (b) (1) To further the policy stated in subsection (a) of this section, veterans referred to in paragraph (2) of this subsection shall be eligible, in accordance with regulations which the Office of Personnel Management shall prescribe, for veterans recruitment appointments, and for subsequent career-conditional appointments, under the terms and conditions specified in Executive Order Numbered 11521 ( March 26, 1970 ), except that— (A) such an appointment may be made up to and including the level GS–11 or its equivalent; (B) a veteran shall be eligible for such an appointment without regard …

“covered person” applies in that section

The term “covered person” means any of the following individuals: (A) A veteran. (B) The spouse of any of the following individuals: (i) Any veteran who died of a service-connected disability. (ii) Any member of the Armed Forces serving on active duty who, at the time of application for assistance under this section, is listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than 90 days: (I) missing in action, (II) captured in line of duty by a hostile force, or (III) forcibly detained or interned in line of duty by a foreign government or power.

“priority of service” applies in that section

The term “priority of service” means, with respect to any qualified job training program, that a covered person shall be given priority over nonveterans for the receipt of employment, training, and placement services provided under that program, notwithstanding any other provision of law. Such priority includes giving access to such services to a covered person before a non-covered person or, if resources are limited, giving access to such services to a covered person instead of a non-covered person.

“qualified job training program” applies in that section

The term “qualified job training program” means any workforce preparation, development, or delivery program or service that is directly funded, in whole or in part, by the Department of Labor and includes the following: (A) Any such program or service that uses technology to assist individuals to access workforce development programs (such as job and training opportunities, labor market information, career assessment tools, and related support services).

“Attorney General” applies throughout its chapter

The term “Attorney General” means the Attorney General of the United States or any person designated by the Attorney General to carry out a responsibility of the Attorney General under this chapter.;

“benefit” applies throughout its chapter

The term “benefit”, “benefit of employment”, or “rights and benefits” means the terms, conditions, or privileges of employment, including any advantage, profit, privilege, gain, status, account, or interest (including wages or salary for work performed) that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.;

“benefit of employment” applies throughout its chapter

The term “benefit”, “benefit of employment”, or “rights and benefits” means the terms, conditions, or privileges of employment, including any advantage, profit, privilege, gain, status, account, or interest (including wages or salary for work performed) that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.;

“employee” applies throughout its chapter

The term “employee” means any person employed by an employer. Such term includes any person who is a citizen, national, or permanent resident alien of the United States employed in a workplace in a foreign country by an employer that is an entity incorporated or otherwise organized in the United States or that is controlled by an entity organized in the United States, within the meaning of section 4319(c) of this title . (4) (A) Except as provided in subparagraphs (B) and (C),

“employer” applies throughout its chapter

the term “employer” means any person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employment opportunities, including— (i) a person, institution, organization, or other entity to whom the employer has delegated the performance of employment-related responsibilities; (ii) the Federal Government; (iii) a State; (iv) any successor in interest to a person, institution, organization, or other entity referred to in this subparagraph; and (v) a person, institution, organization, or other entity that has denied initial employment in violation of section 4311.

“Federal executive agency” applies throughout its chapter

The term “Federal executive agency”— (A) except as provided in subparagraph (B), includes— (i) the United States Postal Service; (ii) the Postal Regulatory Commission; (iii) any nonappropriated fund instrumentality of the United States; (iv) any Executive agency (as defined in section 105 of title 5 ); and (v) any military department (as defined in section 102 of title 5 ) with respect to the civilian employees of that department; and (B) does not include— (i) an agency referred to in section 2302(a)(2)(C)(ii) of title 5 ; (ii) the National Oceanic and Atmospheric Administration with respect to members of the commissioned officer corps of the National Oceanic and Atmospheric Administration; …

“Federal Government” applies throughout its chapter

The term “Federal Government” includes any Federal executive agency, the legislative branch of the United States, and the judicial branch of the United States.;

“health plan” applies throughout its chapter

The term “health plan” means an insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or other arrangement under which health services for individuals are provided or the expenses of such services are paid.;

“notice” applies throughout its chapter

The term “notice” means (with respect to subchapter II) any written or verbal notification of an obligation or intention to perform service in the uniformed services provided to an employer by the employee who will perform such service or by the uniformed service in which such service is to be performed. (9) The term “qualified”, with respect to an employment position, means having the ability to perform the essential tasks of the position. (10) The term “reasonable efforts”, in the case of actions required of an employer under this chapter, means actions, including training provided by an employer, that do not place an undue hardship on the employer. (11) Notwithstanding section 101,

“rights and benefits” applies throughout its chapter

The term “benefit”, “benefit of employment”, or “rights and benefits” means the terms, conditions, or privileges of employment, including any advantage, profit, privilege, gain, status, account, or interest (including wages or salary for work performed) that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.;

“Secretary” applies throughout its chapter

the term “Secretary” means the Secretary of Labor or any person designated by such Secretary to carry out an activity under this chapter.;

“seniority” applies throughout its chapter

The term “seniority” means longevity in employment together with any benefits of employment which accrue with, or are determined by, longevity in employment.;

“service in the uniformed services” applies throughout its chapter

The term “service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, State active duty for a period of 14 days or more, State active duty in response to a national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.), State active duty in response to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C.

“State” applies throughout its chapter

The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories of the United States (including the agencies and political subdivisions thereof).;

“State active duty” applies throughout its chapter

The term “State active duty” means training or other duty, other than inactive duty, performed by a member of the National Guard of a State— (A) not under section 502 of title 32 or under title 10; (B) in service to the Governor of a State; and (C) for which the member is not entitled to pay from the Federal Government.

“uniformed services” applies throughout its chapter

The term “uniformed services” means the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the Commissioned Corps of the Public Health Service, the commissioned officer corps of the National Oceanic and Atmospheric Administration, System members of the National Urban Search and Rescue Response System during a period of appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, intermittent personnel who are appointed into Federal Emergency Management Agency service under section 306(b)(1) of the Robert T.

“private employer” applies in that section

the term “private employer” includes a political subdivision of a State.

“claimant” applies throughout its chapter

The term “claimant” means any individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary.;

“notice” applies throughout its chapter

The term “notice” means a communication issued through means (including electronic means) prescribed by the Secretary.

“covered non-Department provider” applies in that section

The term “covered non-Department provider” means a medical provider who is not an employee of the Department and who provides examinations with respect to medical disability of applicants for benefits under laws administered by the Secretary pursuant to a contract with the Department.

“TIN” applies in that section

The term “TIN” has the meaning given the term in section 7701(a)(41) of the Internal Revenue Code of 1986.;

“maximum benefit” applies in that section

the term “maximum benefit” means the highest evaluation assignable in accordance with the evidence of record, as long as such evidence is adequate for rating purposes and sufficient to grant the earliest possible effective date in accordance with section 5110 of this title .

“maximum benefit” applies in that section

the term “maximum benefit” means the highest evaluation assignable in accordance with the evidence of record, as long as such evidence is adequate for rating purposes and sufficient to grant the earliest possible effective date in accordance with section 5110 of this title .

“award or increased award” applies in that section

the term “award or increased award” means— (1) an original award or award based on a supplemental claim; or (2) an award that is increased because of an added dependent, increase in disability or disability rating, or reduction in income.

“eligibility date” applies in that section

The term “eligibility date” means the date on which an individual becomes an eligible person.;

“eligible person” applies in that section

The term “eligible person” has the meaning given that term under subparagraphs (A), (B), (D), and (E) of section 3501(a)(1) of this title .;

“initial rating decision” applies in that section

The term “initial rating decision” means with respect to an eligible person a decision made by the Secretary that establishes (i) service connection for the death of the person from whom such eligibility is derived or (ii) the existence of the service-connected total disability permanent in nature (or, in the case of a person made eligible under section 3501(a)(1)(E), the total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, air, or space service) of the person from whom such eligibility is derived, as the case may be.

“benefit” applies in that section

the term “benefit” includes a right or privilege, but does not include a refund of a participant’s contributions to the educational benefits program provided by chapter 32 of this title. (f) Nothing in this section shall be construed to deprive any person of any procedural rights, including any rights to assistance in applying for or claiming a benefit.

“compensation” applies in that section

The term “compensation” includes disability compensation payable under section 1151 of this title .;

“dependency and indemnity compensation” applies in that section

The term “dependency and indemnity compensation” means death compensation payable under section 1121 or 1141 of this title, death compensation and dependency and indemnity compensation payable under section 1151 of this title , and any benefit payable under chapter 13 of this title.

“dependent” applies in that section

The term “dependent” means a spouse, surviving spouse, child, or dependent parent of a veteran. (c) A benefit specified in this subsection is a benefit under any of the following: (1) Chapter 11 of this title. (2) Chapter 13 of this title. (3) Chapter 15 of this title. (4) Chapter 17 of this title. (5) Chapter 19 of this title. (6) Chapter 30, 31, 32, 34, or 35 of this title. (7) Chapter 37 of this title.

“felony” applies in that section

The term “felony” includes a high misdemeanor under the laws of a State which characterizes as high misdemeanors offenses that would be felony offenses under Federal law.;

“fugitive felon” applies in that section

The term “fugitive felon” means a person who is a fugitive by reason of— (A) fleeing to avoid prosecution, or custody or confinement after conviction, for an offense, or an attempt to commit an offense, which is a felony under the laws of the place from which the person flees; or (B) violating a condition of probation or parole imposed for commission of a felony under Federal or State law.;

“covered individual” applies in that section

The term “covered individual” means— (A) a veteran; (B) an individual acting on behalf of a veteran; or (C) an individual other than a veteran who is eligible to receive a benefit or service under a law administered by the Secretary.;

“veteran” applies in that section

The term “veteran” has the meaning given such term in section 2002(b) of this title .

“Medicaid plan” applies in that section

the term “Medicaid plan” means a State plan for medical assistance referred to in section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ); and;

“nursing facility” applies in that section

the term “nursing facility” means a nursing facility described in section 1919 of such Act ( 42 U.S.C. 1396r ), other than a facility that is a State home with respect to which the Secretary makes per diem payments for nursing home care pursuant to section 1741(a) of this title . (2) If a veteran having neither spouse nor child is covered by a Medicaid plan for services furnished such veteran by a nursing facility, no pension in excess of $90 per month shall be paid to or for the veteran for any period after the month of admission to such nursing facility.

“fiduciary” applies throughout its chapter

the term “fiduciary” means— (1) a person who is a guardian, curator, conservator, committee, or person legally vested with the responsibility or care of a claimant (or a claimant’s estate) or of a beneficiary (or a beneficiary’s estate); or (2) any other person having been appointed in a representative capacity to receive money paid under any of the laws administered by the Secretary for the use and benefit of a minor, incompetent, or other beneficiary.

“consumer report” applies in that section

The term “consumer report” has the meaning provided such term in subsection (d) of section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(d) ).;

“consumer reporting agency” applies in that section

The term “consumer reporting agency” means— (i) a consumer reporting agency as such term is defined in subsection (f) of section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(f) ), or (ii) any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of (I) obtaining credit or other information on consumers for the purpose of furnishing such information to consumer reporting agencies (as defined in clause (i) of this paragraph), or (II) serving as a marketing agent under arrangements enabling third parties to obtain such information from such reporting agencies.

“organ procurement organization” applies in that section

the term “organ procurement organization” has the meaning given the term “qualified organ procurement organization” in section 371(b) of the Public Health Service Act ( 42 U.S.C. 273(b) ). (l) (1) Under regulations the Secretary shall prescribe, the Secretary shall disclose information about a covered individual to a State controlled substance monitoring program, including a program approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act ( 42 U.S.C. 280g–3 ), to the extent necessary to prevent misuse and diversion of prescription medicines.

“medical quality-assurance program” applies in that section

the term “medical quality-assurance program” means— (1) with respect to any activity carried out before October 7, 1980 , a Department systematic health-care review activity carried out by or for the Department for the purpose of improving the quality of medical care or improving the utilization of health-care resources in Department health-care facilities; and (2) with respect to any activity carried out on or after October 7, 1980 , a Department systematic health-care review activity designated by the Secretary to be carried out by or for the Department for either such purpose. (d) (1) The Secretary shall prescribe regulations to carry out this section.

“availability” applies throughout its subchapter

The term “availability” means ensuring timely and reliable access to and use of information. (2) Confidentiality .—

“confidentiality” applies throughout its subchapter

The term “confidentiality” means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information. (3) Control techniques .—

“control techniques” applies throughout its subchapter

The term “control techniques” means methods for guiding and controlling the operations of information systems to ensure adherence to the provisions of subchapter III of chapter 35 of title 44 and other related information security requirements. (4) Data breach .—

“data breach” applies throughout its subchapter

The term “data breach” means the loss, theft, or other unauthorized access, other than those incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. (5) Data breach analysis .—

“data breach analysis” applies throughout its subchapter

The term “data breach analysis” means the process used to determine if a data breach has resulted in the misuse of sensitive personal information. (6) Fraud resolution systems .—

“fraud resolution services” applies throughout its subchapter

The term “fraud resolution services” means services to assist an individual in the process of recovering and rehabilitating the credit of the individual after the individual experiences identity theft. (7) Identity theft .—

“identity theft” applies throughout its subchapter

The term “identity theft” has the meaning given such term under section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ). (8) Identity theft insurance .—

“identity theft insurance” applies throughout its subchapter

The term “identity theft insurance” means any insurance policy that pays benefits for costs, including travel costs, notary fees, and postage costs, lost wages, and legal fees and expenses associated with efforts to correct and ameliorate the effects and results of identity theft of the insured individual. (9) Information owner .—

“information owner” applies throughout its subchapter

The term “information owner” means an agency official with statutory or operational authority for specified information and responsibility for establishing the criteria for its creation, collection, processing, dissemination, or disposal, which responsibilities may extend to interconnected systems or groups of interconnected systems. (10) Information resources .—

“information resources” applies throughout its subchapter

The term “information resources” means information in any medium or form and its related resources, such as personnel, equipment, funds, and information technology. (11) Information security .—

“information security” applies throughout its subchapter

The term “information security” means protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide integrity, confidentiality, and availability. (12) Information security requirements .—

“information security requirements” applies throughout its subchapter

The term “information security requirements” means information security requirements promulgated in accordance with law, or directed by the Secretary of Commerce, the National Institute of Standards and Technology, and the Office of Management and Budget, and, as to national security systems, the President. (13) Information system .—

“information system” applies throughout its subchapter

The term “information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information, whether automated or manual. (14) Integrity .—

“integrity” applies throughout its subchapter

The term “integrity” means guarding against improper information modification or destruction, and includes ensuring information non-repudiation and authenticity. (15) National security system .—

“national security system” applies throughout its subchapter

The term “national security system” means an information system that is protected at all times by policies and procedures established for the processing, maintenance, use, sharing, dissemination or disposition of information that has been specifically authorized under criteria established by statute or Executive Order to be kept classified in the interest of national defense or foreign policy. (16) Plan of action and milestones .—

“plan of action and milestones” applies throughout its subchapter

The term “plan of action and milestones”, means a plan used as a basis for the quarterly reporting requirements of the Office of Management and Budget that includes the following information: (A) A description of the security weakness. (B) The identity of the office or organization responsible for resolving the weakness. (C) An estimate of resources required to resolve the weakness by fiscal year. (D) The scheduled completion date. (E) Key milestones with estimated completion dates. (F) Any changes to the original key milestone date. (G) The source that identified the weakness. (H) The status of efforts to correct the weakness. (17) Principal credit reporting agency .—

“principal credit reporting agency” applies throughout its subchapter

The term “principal credit reporting agency” means a consumer reporting agency as described in section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) ). (18) Security incident .—

“security incident” applies throughout its subchapter

The term “security incident” means an event that has, or could have, resulted in loss or damage to Department assets, or sensitive information, or an action that breaches Department security procedures. (19) Sensitive personal information .— The term “sensitive personal information”, with respect to an individual, means any information about the individual maintained by an agency, including the following: (A) Education, financial transactions, medical history, and criminal or employment history. (B) Information that can be used to distinguish or trace the individual’s identity, including name, social security number, date and place of birth, mother’s maiden name, or biometric records.

“training” applies throughout its subchapter

The term “training” means a learning experience in which an individual is taught to execute a specific information security procedure or understand the information security common body of knowledge. (22) Va national rules of behavior .—

“VA National Rules of Behavior” applies throughout its subchapter

The term “VA National Rules of Behavior” means a set of Department rules that describes the responsibilities and expected behavior of personnel with regard to information system usage. (23) Va sensitive data .—

“VA sensitive data” applies throughout its subchapter

The term “VA sensitive data” means all Department data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information and includes information whose improper use or disclosure could adversely affect the ability of an agency to accomplish its mission, proprietary information, and records about individuals requiring protection under applicable confidentiality provisions.

“veterans service organization” applies in that section

the term “veterans service organization” means any organization recognized by the Secretary for the representation of veterans under section 5902 of this title .

“eligible dependent” applies throughout its subchapter

the term “eligible dependent” means a spouse, surviving spouse, child, or dependent parent of a person who served in the active military, naval, air, or space service.

“other governmental programs” applies throughout its subchapter

the term “other governmental programs” includes all programs under State or local laws as well as all programs under Federal law other than those authorized by this title; and;

“outreach” applies throughout its subchapter

the term “outreach” means the act or process of reaching out in a systematic manner to proactively provide information, services, and benefits counseling to veterans, and to the spouses, children, and parents of veterans who may be eligible to receive benefits under the laws administered by the Secretary, to ensure that such individuals are fully informed about, and receive assistance in applying for, such benefits;

“county or Tribal veterans service officer” applies in that section

The term “county or Tribal veterans service officer” includes a local equivalent veterans service officer.;

“covered outreach” applies in that section

The term “covered outreach” means outreach with respect to— (A) benefits administered by the Under Secretary for Benefits; or (B) similar benefits administered by a State or Indian Tribe.;

“Indian Tribe” applies in that section

The term “Indian Tribe” has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).;

“State” applies in that section

The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.;

“Veterans Crisis Line” applies in that section

The term “Veterans Crisis Line” means the toll-free hotline for veterans established under section 1720F(h) of this title .

“Vet Center” applies in that section

The term “Vet Center” has the meaning given that term in section 1712A(h) of this title .;

“veterans service organization” applies in that section

The term “veterans service organization” means an organization recognized by the Secretary for the representation of veterans under section 5902 of this title .

“military sexual trauma” applies in that section

the term “military sexual trauma” has the meaning given that term in section 1166(c) of this title .

“covered case” applies in that section

The term “covered case” means a case— (A) that concerns a claim for compensation based on military sexual trauma; and (B) for which the appellant has requested a hearing in the notice of disagreement filed with the Board pursuant to section 7105 of this title .;

“military sexual trauma” applies in that section

The term “military sexual trauma” has the meaning given that term in section 1166 of this title .

“appropriate committees of Congress” applies in that section

the term “appropriate committees of Congress” means— (1) the Committee on Veterans’ Affairs of the Senate; and (2) the Committee on Veterans’ Affairs of the House of Representatives.

“Court” applies in that section

The term “Court” means the United States Court of Appeals for Veterans Claims.;

“judge” applies in that section

The term “judge” means a judge of the Court. (b) (1) A judge who meets the age and service requirements set forth in the following table may retire: The judge has attained age: And the years of service as a judge are at least 65 15 66 14 67 13 68 12 69 11 70 10 (2) A judge who is not reappointed following the expiration of the term for which appointed may retire upon the completion of that term if the judge has served as a judge of the Court for 15 years or more. (3) A judge who becomes permanently disabled and as a result of that disability is unable to perform the duties of the office shall retire.

“Court” applies in that section

The term “Court” means the United States Court of Appeals for Veterans Claims.;

“covered judge” applies in that section

the term “covered judge” means any of the following: (A) A judge in regular active service. (B) A retired judge who is a recall-eligible retired judge pursuant to subsection (a) of section 7257 of this title . (C) A retired judge who would be a recall-eligible retired judge pursuant to subsection (a) of section 7257 but for— (i) meeting the aggregate recall service requirements under subsection (b)(3) of such section; or (ii) being permanently disabled as described by subsection (b)(4) of such section.

“dependent child” applies in that section

The term “dependent child” has the meaning given the term “child” in section 376(a)(5) of title 28 .;

“judge” applies in that section

The term “judge” means a judge of the Court who is in active service or who has retired under section 7296 of this title .;

“Member of Congress” applies in that section

The term “Member of Congress” means a Representative, a Senator, a Delegate to Congress, or the Resident Commissioner of Puerto Rico. (8) The term “assassination” as applied to a judge shall have the meaning provided that term in section 376(a)(7) of title 28 as applied to a judicial official. (b) A judge may become a participant in the annuity program under this section by filing a written election under this subsection while in office or within six months after the date on which the judge marries if the judge has retired under section 7296 of this title . Any such election shall be made in such manner as may be prescribed by the Court.

“pay” applies in that section

The term “pay” means salary received under section 7253(e) of this title and retired pay received under section 7296 of this title .;

“retirement fund” applies in that section

The term “retirement fund” means the Court of Appeals for Veterans Claims Retirement Fund established under section 7298 of this title .;

“surviving spouse” applies in that section

The term “surviving spouse” means a surviving spouse of an individual who (A) was married to such individual for at least one year immediately preceding the individual’s death, or (B) is a parent of issue by the marriage.;

“present value” applies in that section

the term “present value” includes a value determined by an actuary with respect to a payment that may be made under subsection (b) from the retirement fund within the contemplation of law. (D) Amounts deposited in the retirement fund under this paragraph shall not be credited to the account of any individual. (f) The Secretary of the Treasury shall invest from time to time, in interest-bearing securities of the United States, such portions of the retirement fund as in such Secretary’s judgment may not be immediately required for payments from the fund. The income derived from such investments shall constitute a part of the fund.

“medical research” applies in that section

the term “medical research” means medical research described in section 7303(a)(2) of this title .

“Vet Center” applies in that section

the term “Vet Center” has the meaning given the term in section 1712A(h)(1) of this title .

“controlled substance” applies in that section

the term “controlled substance” has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ).

“appropriate congressional committees” applies in that section

The term “appropriate congressional committees” has the meaning given that term in section 7310A(h) of this title .;

“facility of the Department” applies in that section

The term “facility of the Department” has the meaning given the term “facilities of the Department” in section 1701(3) of this title .;

“Veterans Equitable Resource Allocation system” applies in that section

The term “Veterans Equitable Resource Allocation system” means the resource allocation system established pursuant to section 429 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 ( Public Law 104–204 ; 110 Stat. 2929 ).

“appropriate congressional committees” applies in that section

The term “appropriate congressional committees” means— (A) the Committee on Appropriations and the Committee on Veterans’ Affairs of the Senate; and (B) the Committee on Appropriations and the Committee on Veterans’ Affairs of the House of Representatives.;

“gender-specific services” applies in that section

The term “gender-specific services” means mammography, obstetric care, gynecological care, and such other services as the Secretary determines appropriate.

“health care employee of the Administration” applies in that section

the term “health care employee of the Administration” means a physician, dentist, podiatrist, chiropractor, optometrist, nurse, physician assistant, expanded-function dental auxiliary, pharmacist, or paramedical (such as medical and dental technicians, nursing assistants, and therapists), or other supporting personnel. (b) The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) (or such person’s estate) for any such damage or injury.

“contractor” applies in that section

the term “contractor” includes subcontractors of any tier under a contract containing an indemnification provision pursuant to subsection (a).

“preventive health services” applies in that section

the term “preventive health services” has the meaning given such term in section 1701(9) of this title .

“mammogram” applies in that section

the term “mammogram” has the meaning given such term in paragraph (5) of section 354(a) of the Public Health Service Act.

“burn pit” applies in that section

the term “burn pit” means an area of land that— (A) is used for disposal of solid waste by burning in the outdoor air; and (B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.

“epilepsy center of excellence” applies in that section

the term “epilepsy center of excellence” means a health care facility that has (or in the foreseeable future can develop) the necessary capacity to function as a center of excellence in research, education, and clinical care activities in the diagnosis and treatment of epilepsy and has (or may reasonably be anticipated to develop) each of the following: (1) An affiliation with an accredited medical school that provides education and training in neurology, including an arrangement with such school under which medical residents receive education and training in the diagnosis and treatment of epilepsy (including neurosurgery).

“appropriate committees of Congress” applies in that section

the term “appropriate committees of Congress” means— (1) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and (2) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.

“representative” applies in that section

the term “representative” means an individual, organization, or other body authorized under section 7331 of this title and its implementing regulations to give informed consent on behalf of a patient who lacks decision-making capacity. (G) To a State controlled substance monitoring program, including a program approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act ( 42 U.S.C. 280g–3 ), to the extent necessary to prevent misuse and diversion of prescription medicines.

“education” applies in that section

the term “education” includes education and training and means the following: (1) In the case of employees of the Veterans Health Administration, such term means work-related instruction or other learning experiences to— (A) improve performance of current duties; (B) assist employees in maintaining or gaining specialized proficiencies; and (C) expand understanding of advances and changes in patient care, technology, and health care administration.

“congressional veterans’ affairs committees” applies in that section

the term “congressional veterans’ affairs committees” means the Committees on Veterans’ Affairs of the Senate and the House of Representatives.

“covered executive position” applies in that section

the term “covered executive position” means a position that the Secretary has determined is of equivalent rank to a Senior Executive Service position (as such term is defined in section 3132(a) of title 5 ) and is subject to an agency performance management system. (d) Except as provided under subsection (e), subchapter III, and section 7457 of this title , and except for individuals appointed under sections 7401(4) and 7306 of this title, pay for positions for which basic pay is paid under this section may not be paid at a rate in excess of the rate of basic pay authorized by section 5316 of title 5 for positions in Level V of the Executive Schedule.

“intern” applies in that section

The term “intern” means a person serving an internship. (b) The Secretary may prescribe the conditions of employment of persons appointed under this section, including necessary training, and the customary amount and terms of pay for such positions during the period of such employment and training. The amount and terms of such pay may be established retroactively based on changes in such customary amount and terms.

“internship” applies in that section

The term “internship” includes the equivalency of an internship as determined in accordance with regulations which the Secretary shall prescribe.;

“controlled substance” applies in that section

The term “controlled substance” has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ).;

“covered health care professional” applies in that section

The term “covered health care professional” means an individual employed in a position as a health care professional of the Department, or a contractor of the Department, that requires the individual to be authorized to prescribe, dispense, administer, or conduct research with, controlled substances.;

“Drug Enforcement Administration registration” applies in that section

The term “Drug Enforcement Administration registration” means registration with the Drug Enforcement Administration under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) 302 of the Controlled Substances Act ( 21 U.S.C. 822 ) by health care practitioners authorized to dispense, prescribe, administer, or conduct research with, controlled substances.;

“health care professional of the Department” applies in that section

The term “health care professional of the Department” means an individual working for the Department in a position described in section 7401 of this title , including a contractor of the Department serving in such a position.

“professional conduct or competence” applies in that section

the term “professional conduct or competence” means any of the following: (1) Direct patient care. (2) Clinical competence. (d) An issue of whether a matter or question concerns or arises out of (1) professional conduct or competence, (2) peer review, or (3) the establishment, determination, or adjustment of employee compensation under this title shall be decided by the Secretary and is not itself subject to collective bargaining and may not be reviewed by any other agency.