r/title-38-VETERANS-BENEFITS wiki — defined terms
The statute’s own glossary: every term Title 38 defines, in section order.
“affiliated institution” applies in that section
The term “affiliated institution” means a medical school or other institution of higher learning with which the Secretary has a contract or agreement as referred to in section 7313 of this title for the training or education of health personnel.;
“remuneration” applies in that section
The term “remuneration” means the receipt of any amount of monetary benefit from any non-Department source in payment for carrying out any professional responsibilities. (e) (1) The Secretary shall establish a leave transfer program for the benefit of health-care professionals in positions listed in section 7421(b) of this title . The Secretary may also establish a leave bank program for the benefit of such health-care professionals.
“health-care facility” applies in that section
the term “health-care facility” means a medical center, an independent outpatient clinic, or an independent domiciliary facility.
“covered position” applies in that section
the term “covered position” has the meaning given that term in section 7451 of this title . (g) (1) In order to recruit and retain highly qualified Department nurse executives, the Secretary may, in accordance with regulations prescribed by the Secretary, pay special pay to the nurse executive at each location as follows: (A) Each Department health care facility. (B) The Central Office. (2) The amount of special pay paid to a nurse executive under paragraph (1) shall be not less than $10,000 or more than $100,000.
“nursing staff” applies in that section
the term “nursing staff” includes the following: (1) A registered nurse. (2) A licensed practical or vocational nurse. (3) A nurse assistant appointed under this chapter or title 5. (4) Any other nurse position designated by the Secretary for purposes of this section.
“course completion date” applies in that section
the term “course completion date” means the date on which a participant in the Scholarship Program completes such participant’s course of education or training under the program.
“course completion date” applies in that section
the term “course completion date” means the date on which a participant in the Tuition Reimbursement Program completes such participant’s course of training under the program.
“general Federal pay increase” applies in that section
The term “general Federal pay increase” means an adjustment (if an increase) in the rates of pay under the General Schedule under subchapter III of chapter 53 of title 5.;
“maximum education debt reduction payments amount” applies in that section
The term “maximum education debt reduction payments amount” means the maximum amount of education debt reduction payments payable to a participant in the Department of Veterans Affairs Education Debt Reduction Program under subchapter VII of this chapter, as specified in section 7683(d)(1) of this title and as previously adjusted (if at all) in accordance with this section.;
“maximum employee incentive scholarship amount” applies in that section
The term “maximum employee incentive scholarship amount” means the maximum amount of the scholarship payable to a participant in the Department of Veterans Affairs Employee Incentive Scholarship Program under subchapter VI of this chapter, as specified in section 7673(b)(1) of this title and as previously adjusted (if at all) in accordance with this section.;
“maximum monthly stipend amount” applies in that section
The term “maximum monthly stipend amount” means the maximum monthly stipend that may be paid to a participant in the Scholarship Program specified in section 7613(b) of this title and as previously adjusted (if at all) in accordance with this section.;
“maximum Selected Reserve member stipend amount” applies in that section
The term “maximum Selected Reserve member stipend amount” means the maximum amount of assistance provided to a person receiving assistance under subchapter V of this chapter, as specified in section 7653 of this title and as previously adjusted (if at all) in accordance with this section.;
“maximum tuition reimbursement amount” applies in that section
The term “maximum tuition reimbursement amount” means the maximum amount of tuition reimbursement provided to a participant in the Tuition Reimbursement Program specified in section 7622(e) of this title and as previously adjusted (if at all) in accordance with this section.;
“specialty education loan repayment amount” applies in that section
The term “specialty education loan repayment amount” means the maximum amount of specialty education loan repayment payments payable to or for a participant in the Department of Veterans Affairs Specialty Education Loan Repayment Program under subchapter VIII of this chapter, as specified in section 7694(c)(1) of this title and as previously adjusted (if at all) in accordance with this section.
“course completion date” applies in that section
the term “course completion date” means the date on which a participant in the Program completes the participant’s course of education or training under the Program.
“Vet Center” applies in that section
the term “Vet Center” has the meaning given that term in section 1712A(h) of this title .
“parent advisory committee” applies in that section
the term “parent advisory committee” means a committee comprised of, and selected by, the parents of children receiving care in a child-care center operated under this section.
“committee” applies throughout its subchapter
The term “committee” means the Committee on Veterans’ Affairs of the House of Representatives or the Committee on Veterans’ Affairs of the Senate, and
“committees” applies throughout its subchapter
the term “committees” means both such committees.
“medical facility” applies throughout its subchapter
The term “medical facility” means any facility or part thereof which is, or will be, under the jurisdiction of the Secretary, or as otherwise authorized by law, for the provision of health-care services (including hospital, outpatient clinic, nursing home, or domiciliary care or medical services), including any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, trackage facilities leading thereto, abutting sidewalks, accommodations for attending personnel, and recreation facilities associated therewith.;
“academic affiliate” applies in that section
The term “academic affiliate” means an institution or organization described in section 7302(d) of this title .;
“covered certification program” applies in that section
The term “covered certification program” means, with respect to employees of the Department of Veterans Affairs who are members of occupational series relating to construction or facilities management, or employees of the Department who award or administer contracts for major construction, minor construction, or nonrecurring maintenance, including as contract specialists or contracting officers’ representatives, a program to certify knowledge and skills relating to construction or facilities management and to ensure that such employees maintain adequate expertise relating to industry standards and best practices for the acquisition of design and construction services.;
“covered entity” applies in that section
The term “covered entity” means a unit or subdivision of a State, local, or municipal government, public or nonprofit agency, institution, or organization, or other institution or organization as the Secretary considers appropriate that owns property controlled by an academic affiliate to be leased under this subsection.;
“covered training curriculum” applies in that section
The term “covered training curriculum” means, with respect to employees specified in subparagraph (A), a training curriculum relating to construction or facilities management. (h) (1) Notwithstanding any other provision of law requiring the use of competitive procedures, including section 3301 of title 41 , when the Secretary determines it to be in the best interest of the Department, the Secretary may enter into a lease with an academic affiliate or covered entity to acquire space for the purpose of providing health-care resources to veterans. (2) In this subsection:;
“health-care resource” applies in that section
The term “health-care resource” has the meaning given that term in section 8152(1) of this title .;
“space” applies in that section
The term “space” means any room, unit, floor, wing, building, parking facility, or other subdivision of a building or facility owned or controlled by an academic affiliate.
“super construction project” applies in that section
the term “super construction project” means a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100,000,000. (f) To the maximum extent practicable, the Secretary shall use industry standards, standard designs, and best practices in carrying out the construction of medical facilities. (g) (1) (A) Not later than September 30 of the fiscal year following the fiscal year during which the VA Asset and Infrastructure Review Act of 2018 is enacted, the Secretary shall implement the covered training curriculum and the covered certification program.
“interim leasing actions” applies in that section
the term “interim leasing actions” has the meaning given that term by the Administrator of the General Services Administration. (j) The Secretary may obligate and expend funds to exercise a purchase option included in any major medical facility lease (as defined in subsection (a)(3)(B)).
“major medical facility lease” applies in that section
The term “major medical facility lease”— (i) means a lease for space for use as a new medical facility approved through the General Services Administration under section 3307(a) of title 40 at an average annual rent equal to or greater than the appropriate dollar threshold described in such section, which shall be subject to annual adjustment in accordance with section 3307(h) of such title; and (ii) does not include a lease for space for use as a shared Federal medical facility for which the Department’s estimated share of the lease costs does not exceed such dollar threshold. (4) (A) The amount specified in this paragraph is $30,000,000, as adjusted pursuant to this paragraph.
“major medical facility project” applies in that section
The term “major medical facility project” means a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than the amount specified in paragraph (4), but such term does not include an acquisition by exchange, nonrecurring maintenance projects of the Department, or the construction, alteration, or acquisition of a shared Federal medical facility for which the Department’s estimated share of the project costs does not exceed the amount specified in paragraph (4).;
“eligible person” applies in that section
The term “eligible person” means an individual to whom the Secretary is authorized to furnish medical examination or treatment. (b) In order to accommodate the vehicles of employees of medical facilities, vehicles used to transport veterans and eligible persons to or from such facilities for the purpose of examination or treatment, and the vehicles of visitors and other individuals having business at such facilities, the Secretary— (1) may construct or alter parking facilities, and may acquire, by purchase, lease, condemnation, donation, exchange, or otherwise, such land or interests in land as the Secretary considers necessary for use as the site for any such construction or alteration; …
“garage” applies in that section
The term “garage” means a structure (or part of a structure) in which vehicles may be parked.;
“parking facility” applies in that section
The term “parking facility” includes— (A) a surface parking lot; and (B) a garage.;
“funded personnel ceiling” applies in that section
the term “funded personnel ceiling” means, with respect to any fiscal year (or part of a fiscal year), the authorization by the Director of the Office of Management and Budget to employ (under the appropriation accounts for medical care, medical and prosthetic research, and medical administration and miscellaneous operating expenses) not less than the number of employees for the employment of which appropriations have been made for such fiscal year (or part of a fiscal year).
“temporary research personnel” applies in that section
the term “temporary research personnel” means personnel who are employed in the Veterans Health Administration in other than a career appointment for work on a research activity and who are not paid by the Department or are paid from funds appropriated to the Department to support such activity.
“beneficiary” applies in that section
The term “beneficiary” means a person who is a primary beneficiary of the Department of Veterans Affairs or of the Department of Defense.;
“direct health care” applies in that section
The term “direct health care” means health care provided to a beneficiary in a medical facility operated by the Department of Veterans Affairs or the Department of Defense. (3) The term “head of a medical facility” (A) with respect to a medical facility of the Department of Veterans Affairs, means the director of the facility, and (B) with respect to a medical facility of the Department of Defense, means the medical or dental officer in charge or the contract surgeon in charge.;
“health-care resource” applies in that section
The term “health-care resource” includes hospital care, medical services, and rehabilitative services, as those terms are defined in paragraphs (5), (6), and (8), respectively, of section 1701 of this title , services under sections 1782 and 1783 of this title, any other health-care service, and any health-care support or administrative resource.
“providing Department” applies in that section
The term “providing Department” means the Department of Veterans Affairs, in the case of care or services furnished by a facility of the Department of Veterans Affairs, and the Department of Defense, in the case of care or services furnished by a facility of the Department of Defense.;
“service region” applies in that section
The term “service region” means a geographic service area of the Veterans Health Administration, in the case of the Department of Veterans Affairs, and a service region, in the case of the Department of Defense.
“hospital care” applies in that section
the terms “hospital care”, “nursing home care”, and “medical services” have the meanings given such terms by sections 1701(5), 101(28), and 1701(6) of this title, respectively, and
“medical services” applies in that section
the terms “hospital care”, “nursing home care”, and “medical services” have the meanings given such terms by sections 1701(5), 101(28), and 1701(6) of this title, respectively, and
“nursing home care” applies in that section
the terms “hospital care”, “nursing home care”, and “medical services” have the meanings given such terms by sections 1701(5), 101(28), and 1701(6) of this title, respectively, and
“shared medical facility” applies in that section
the term “shared medical facility”— (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.
“super construction project” applies in that section
the term “super construction project” has the meaning given such term in section 8103(e)(3) of this title .
“emergency procurement” applies in that section
The term “emergency procurement” means a procurement necessary to meet an emergency need, affecting the health or safety of a person being furnished health-care services by the Department, for an item.
“health-care item” applies in that section
The term “health-care item” includes any item listed in, or (as determined by the Secretary) of the same nature as an item listed in, Federal Supply Classification (FSC) Group 65 or 66. Effective December 1, 1992 , such term also includes any item listed in, or (as determined by the Secretary) of the same nature as an item listed in, Federal Supply Classification (FSC) Group 73. Such term does not include perishable items.;
“local contract” applies in that section
The term “local contract” means a contract entered into by a Department medical center for procurement of an item for use by that medical center.;
“change in non-Federal price” applies in that section
The term “change in non-Federal price” means, with respect to a covered drug that is subject to an agreement under this section, an amount equal to— (A) the non-Federal average manufacturer price of the drug during the 3-month period that ends with the month preceding the month during which a contract goes into effect (or, in the case of a covered drug for which sufficient data for determining the non-Federal average manufacturer price during such period is not available, during such period as the Secretary considers appropriate); minus (B) the non-Federal average manufacturer price of the drug during the 3-month period that ends one year before the end of the period described in …
“contract year” applies in that section
the term “contract year” means any one-year period for which a multi-year contract described in subsection (d) is in effect.
“covered drug” applies in that section
The term “covered drug” means— (A) a drug described in section 1927(k)(7)(A)(ii) of the Social Security Act, or that would be described in such section but for the application of the first sentence of section 1927(k)(3) of such Act; (B) a drug described in section 1927(k)(7)(A)(iv) of the Social Security Act, or that would be described in such section but for the application of the first sentence of section 1927(k)(3) of such Act; or (C) any biological product identified under section 600.3 of title 21, Code of Federal Regulations.;
“depot” applies in that section
The term “depot” means a centralized commodity management system through which covered drugs procured by an agency of the Federal Government are— (A) received, stored, and delivered through— (i) a federally owned and operated warehouse system, or (ii) a commercial entity operating under contract with such agency; or (B) delivered directly from the commercial source to the entity using such covered drugs.;
“manufacturer” applies in that section
The term “manufacturer” means any entity which is engaged in— (A) the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or (B) in the packaging, repackaging, labeling, relabeling, or distribution of prescription drug products. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law.;
“non-Federal average manufacturer price” applies in that section
The term “non-Federal average manufacturer price” means, with respect to a covered drug and a period of time (as determined by the Secretary), the weighted average price of a single form and dosage unit of the drug that is paid by wholesalers in the United States to the manufacturer, taking into account any cash discounts or similar price reductions during that period, but not taking into account— (A) any prices paid by the Federal Government; or (B) any prices found by the Secretary to be merely nominal in amount.;
“weighted average price” applies in that section
The term “weighted average price” means, with respect to a covered drug and a period of time (as determined by the Secretary) an amount equal to— (A) the sum of the products of the average price per package unit of each quantity of the drug sold during the period and the number of package units of the drug sold during the period; divided by (B) the total number of package units of the drug sold during the period.
“Administrator” applies in that section
The term “Administrator” means the Administrator of the Small Business Administration.;
“covered product or service” applies in that section
the term “covered product or service” means— (i) a product or service that— (I) is included on the procurement list under section 8503(a) of title 41 ; and (II) was included on such procurement list on or before December 22, 2006 ; or (ii) a product or service that— (I) is a replacement for a product or service described under clause (i); (II) is essentially the same and meeting the same requirement as the product or service being replaced; and (III) a contracting officer determines meets the quality standards and delivery schedule of the Department.
“small business concern” applies in that section
The term “small business concern” has the meaning given that term under section 3 of the Small Business Act ( 15 U.S.C. 632 ).;
“small business concern owned and controlled by veterans” applies in that section
The term “small business concern owned and controlled by veterans” has the meaning given that term under section 3(q)(3) of the Small Business Act ( 15 U.S.C. 632(q)(3) ).;
“small business concern owned and controlled by veterans” applies in that section
the term “small business concern owned and controlled by veterans” means a small business concern that is included in the small business database maintained by the Administrator of the Small Business Administration under section 36 of the Small Business Act.
“construction” applies throughout its subchapter
The term “construction” means the construction of new domiciliary or nursing home buildings, the expansion, remodeling, or alteration of existing buildings for the provision of domiciliary, nursing home, adult day health, or hospital care in State homes, and the provision of initial equipment for any such buildings.;
“cost of construction” applies throughout its subchapter
The term “cost of construction” means the amount found by the Secretary to be necessary for a construction project, including architect fees, but excluding land acquisition costs.
“State” applies throughout its subchapter
The term “State” includes each Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) but does not include any possession of the United States.;
“July 1 deadline” applies in that section
the term “July 1 deadline” means July 1 of the fiscal year in which the State is notified by the Secretary of the availability of funding for a grant for such project. (6) (A) The Secretary may conditionally approve a project under this section, conditionally award a grant for the project, and obligate funds for the grant if the Secretary determines that the application for the grant is sufficiently complete to warrant awarding the grant and that, based on assurances provided by the State submitting the application, the State will complete the application and meet all the requirements referred to in paragraph (1)(A) of this subsection by the date, not later than 180 days after the date of …
“health-care providers” applies throughout its subchapter
The term “health-care providers” includes health-care plans and insurers and any organizations, institutions, or other entities or individuals who furnish health-care resources. (3) The term “hospital”, unless otherwise specified, includes any Federal, State, local, or other public or private hospital.
“health-care resource” applies throughout its subchapter
The term “health-care resource” includes hospital care and medical services (as those terms are defined in section 1701 of this title ), services under sections 1782 and 1783 of this title, any other health-care service, and any health-care support or administrative resource.;
“commercial service” applies in that section
the term “commercial service” means a service that is offered and sold competitively in the commercial marketplace, is performed under standard commercial terms and conditions, and is procured using firm-fixed price contracts. (b) Arrangements entered into under this section shall provide for payment to the Department in accordance with procedures that provide appropriate flexibility to negotiate payment which is in the best interest of the Government. Any proceeds to the Government received therefrom shall be credited to the applicable Department medical appropriation and to funds that have been allotted to the facility that furnished the resource involved.
“congressional veterans’ affairs committees” applies throughout its subchapter
The term “congressional veterans’ affairs committees” means the Committees on Veterans’ Affairs of the Senate and the House of Representatives.;
“enhanced-use lease” applies throughout its subchapter
The term “enhanced-use lease” means a written lease entered into by the Secretary under this subchapter.;
“lessee” applies throughout its subchapter
The term “lessee” means the party with whom the Secretary has entered into an enhanced-use lease under this subchapter.;
“major enhanced-use lease” applies throughout its subchapter
The term “major enhanced-use lease” means an enhanced-use lease that includes consideration consisting of an average annual rent of more than $10,000,000.
“supportive housing” applies throughout its subchapter
The term “supportive housing” means housing that engages tenants in on-site and community-based support services for veterans or their families that are at risk of homelessness or are homeless. Such term may include the following: (A) Transitional housing. (B) Single-room occupancy. (C) Permanent housing. (D) Congregate living housing. (E) Independent living housing. (F) Assisted living housing. (G) Other modalities of housing.;
“appropriate congressional committees” applies throughout its subchapter
The term “appropriate congressional committees” means— (A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.;
“business owner” applies throughout its subchapter
The term “business owner” means, with respect to an information technology project, the program manager, project manager, or other supervisory official of the Department responsible for the project.
“information technology” applies throughout its subchapter
The term “information technology” has the meaning given that term in section 11101 of title 40 . (3);
“information technology project” applies throughout its subchapter
The term “information technology project” means a project or program of the Department (including a project or program of any element of the Department) for, or including, the acquisition or implementation of information technology. (B) In cases where the Secretary transmits to the Director of the Office of Management and Budget information regarding information technology investments, which may consist of individual or multiple projects, the term “information technology project” refers to an individual project or program or a grouping of multiple projects or programs resulting in the acquisition or implementation of discrete information technology.;
“life cycle costs” applies throughout its subchapter
The term “life cycle costs” means all direct and indirect costs to acquire, implement, operate, and maintain information technology, including with respect to costs of any element of the Department.;
“major information technology project” applies throughout its subchapter
The term “major information technology project” means an information technology project if— (A) the project is designated by the Secretary, the Chief Information Officer of the Department, or the Director of the Office of Management and Budget as a major information technology investment, as defined in section 11302 of title 40 ; or (B) the dollar value of the project is estimated by the Secretary to exceed— (i) $1,000,000,000 (as adjusted for inflation pursuant to section 1908 of title 41 ) for the total life cycle costs of the project; or (ii) $200,000,000 (as adjusted for inflation pursuant to section 1908 of title 41 ) annually.;
“eligible institution” applies throughout its subchapter
the term “eligible institution” means any nonprofit educational facility or other public or nonprofit institution, including universities, colleges, junior colleges, community colleges, schools of allied health professions, State and local systems of education, hospitals, and other nonprofit health manpower institutions for the training or education of allied health or other health personnel affiliated with the Department for the conduct of or the providing of guidance for education and training programs for health manpower.