2000
[DOCID: f:h2540ih.txt]
107th CONGRESS
1st Session
H. R. 2540
To amend title 38, United States Code, to make various improvements to
veterans benefits programs under laws administered by the Secretary of
Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2001
Mr. Smith of New Jersey (for himself, Mr. Evans, Mr. Simpson, Mr.
Reyes, Mr. Stump, Mr. Filner, Mr. Bilirakis, Ms. Brown of Florida, Mr.
Buyer, Mr. Rodriguez, Mr. Baker, Mr. Shows, Mr. Simmons, Mr. Udall of
New Mexico, Mr. Brown of South Carolina, and Mrs. Capps) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to make various improvements to
veterans benefits programs under laws administered by the Secretary of
Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans Benefits
Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--ANNUAL COST-OF-LIVING ADJUSTMENT IN COMPENSATION AND DIC RATES
Sec. 101. Increase in rates of disability compensation and dependency
and indemnity compensation.
Sec. 102. Publication of adjusted rates.
TITLE II--COMPENSATION PROVISIONS
Sec. 201. Presumption that diabetes mellitus (type 2) is service-
connected.
Sec. 202. Inclusion of illnesses that cannot be clearly defined in
presumption of service connection for Gulf
War veterans.
Sec. 203. Preservation of service connection for undiagnosed illnesses
to provide for participation in research
projects by Gulf War veterans.
TITLE III--ADMINISTRATION OF UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS
Sec. 301. Registration fees.
Sec. 302. Administrative authorities.
TITLE IV--OTHER MATTERS
Sec. 401. Payment of insurance proceeds to an alternate beneficiary
when first beneficiary cannot be
identified.
Sec. 402. Extension of copayment requirement for outpatient
prescription medications.
Sec. 403. Repeal of Department of Veterans Affairs Health Services
Improvement Fund.
Sec. 404. Native American veteran housing loan pilot program.
Sec. 405. Modification of loan assumption notice requirement.
Sec. 406. Elimination of requirement for providing a copy of notice of
appeal to the Secretary.
Sec. 407. Pilot program for expansion of toll-free telephone access to
veterans service representatives.
Sec. 408. Technical and clerical amendments.
Sec. 409. Codification of recurring provisions in annual Department of
Veterans Affairs appropriations Acts.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
TITLE I--ANNUAL COST-OF-LIVING ADJUSTMENT IN COMPENSATION AND DIC RATES
SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY
AND INDEMNITY COMPENSATION.
(a) Rate Adjustment.--The Secretary of Veterans Affairs shall,
effective on December 1, 2001, increase the dollar amounts in effect
for the payment of disability compensation and dependency and indemnity
compensation by the Secretary, as specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
(1) Compensation.--Each of the dollar amounts in effect
under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts in effect under sections 1115(1) of such title.
(3) Clothing allowance.--The dollar amount in effect under
section 1162 of such title.
(4) New dic rates.--The dollar amounts in effect under
paragraphs (1) and (2) of section 1311(a) of such title.
(5) Old dic rates.--Each of the dollar amounts in effect
under section 1311(a)(3) of such title.
(6) Additional dic for surviving spouses with minor
children.--The dollar amount in effect under section 1311(b) of
such title.
(7) Additional dic for disability.--The dollar amounts in
effect under sections 1311(c) and 1311(d) of such title.
(8) DIC for dependent children.--The dollar amounts in
effect under sections 1313(a) and 1314 of such title.
(c) Determination of Increase.--(1) The increase under subsection
(a) shall be made in the dollar amounts specified in subsection (b) as
in effect on November 30, 2001.
(2) Except as provided in paragraph (3), each such amount shall be
increased by the same percentage as the percentage by which benefit
amounts payable under title II of the Social Security Act (42 U.S.C.
401 et seq.) are increased effective December 1, 2001, as a result of a
determination under section 215(i) of such Act (42 U.S.C. 415(i)).
(3) Each dollar amount increased pursuant to paragraph (2) shall,
if not a whole dollar amount, be rounded down to the next lower whole
dollar amount.
(d) Special Rule.--The Secretary may adjust administratively,
consistent with the increases made under subsection (a), the rates of
disability compensation payable to persons within the purview of
section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt
of compensation payable pursuant to chapter 11 of title 38, United
States Code.
SEC. 102. PUBLICATION OF ADJUSTED RATES.
At the same time as the matters specified in section 215(i)(2)(D)
of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be
published by reason of a determination made under section 215(i) of
such Act during fiscal year 2002, the Secretary of Veterans Affairs
shall publish in the Federal Register the amounts specified in
subsection (b) of section 2, as increased pursuant to that section.
TITLE II--COMPENSATION PROVISIONS
SEC. 201. PRESUMPTION THAT DIABETES MELLITUS (TYPE 2) IS SERVICE-
CONNECTED.
Section 1116(a)(2) is amended by adding at the end the following
new subparagraph:
``(H) Diabetes Mellitus (Type 2).''.
SEC. 202. INCLUSION OF ILLNESSES THAT CANNOT BE CLEARLY DEFINED IN
PRESUMPTION OF SERVICE CONNECTION.
(a) Illnesses That Cannot Be Clearly Defined.--(1) Subsection (a)
of section 1117 is amended by inserting ``or fibromyalgia, chronic
fatigue syndrome, a chronic multisymptom illness, or any other illness
that cannot be clearly defined (or combination of illnesses that cannot
be clearly defined)'' after ``illnesses)''.
(2) Subsection (c) of such section is amended by inserting ``or
fibromyalgia, chronic fatigue syndrome, a chronic multisymptom illness,
or any other illness that cannot be clearly defined (or combination of
illnesses that cannot be clearly defined)'' after ``illnesses)''.
(b) Signs or Symptoms That May Indicate Undiagnosed Illnesses.--(1)
Section 1117 is further amended by adding
2000
at the end the following new
subsection:
``(g) For purposes of this section, signs or symptoms that may be a
manifestation of an undiagnosed illness include the following:
``(1) Fatigue.
``(2) Unexplained rashes or other dermatological signs or
symptoms.
``(3) Headache.
``(4) Muscle pain.
``(5) Joint pain.
``(6) Neurologic signs or symptoms.
``(7) Neuropsychological signs or symptoms.
``(8) Signs or symptoms involving the respiratory system
(upper or lower).
``(9) Sleep disturbances.
``(10) Gastrointestinal signs or symptoms.
``(11) Cardiovascular signs or symptoms.
``(12) Abnormal weight loss.
``(13) Menstrual disorders.''.
(2) Section 1118(a) of such title is amended by adding at the end
the following new paragraph:
``(4) For purposes of this section, signs or symptoms that may be a
manifestation of an undiagnosed illness include the signs and symptoms
listed in section 1117(g) of this title.''.
(c) Effective Date.--The amendments made by this section shall take
effect on April 1, 2002.
SEC. 203. PRESERVATION OF SERVICE CONNECTION FOR UNDIAGNOSED ILLNESSES
TO PROVIDE FOR PARTICIPATION IN RESEARCH PROJECTS BY GULF
WAR VETERANS.
(a) Authority for Secretary To Provide for Participation Without
Loss of Benefits.--Section 1117 is amended by adding after subsection
(g), as added by section 202(b), the following new subsection:
``(h)(1) If the Secretary determines with respect to a medical
research project sponsored by the Department that it is necessary for
the conduct of the project that Persian Gulf veterans in receipt of
compensation under this section or section 1118 of this title
participate in the project without the possibility of loss of service
connection under either such section, the Secretary shall provide that
service connection granted under either such section for disability of
a veteran who participated in the research project may not be
terminated.
``(2) Paragraph (1) does not apply in a case in which--
``(A) the original award of compensation or service
connection was based on fraud; or
``(B) it is clearly shown from military records that the
person concerned did not have the requisite service or
character of discharge.
``(3) The Secretary shall publish in the Federal Register a notice
of each determination made by the Secretary under paragraph (1) with
respect to a medical research project.''.
(b) Effective Date.--The authority provided by subsection (h) of
section 1117 of title 38, United States Code, as added by subsection
(a), may be used by the Secretary of Veterans Affairs with respect to
any medical research project of the Department of Veterans Affairs,
whether commenced before, on, or after the date of the enactment of
this Act.
TITLE III--ADMINISTRATION OF UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS
SEC. 301. REGISTRATION FEES.
(a) Fees for Court-Sponsored Activities.--Subsection (a) of section
7285 is amended by adding at the end the following new sentence: ``The
Court may also impose registration fees on persons participating in a
judicial conference convened pursuant to section 7286 of this title or
any other court-sponsored activity.''.
(b) Use of Fees.--Subsection (b) of such section is amended by
striking ``for the purposes of (1)'' and all that follows through the
period and inserting ``for the following purposes:
``(1) Conducting investigations and proceedings, including
employing independent counsel, to pursue disciplinary matters.
``(2) Defraying the expenses of--
``(A) judicial conferences convened pursuant to
section 7286 of this title; and
``(B) other activities and programs that are
designed to support and foster bench and bar
communication and relationships or the study,
understanding, public commemoration, or improvement of
veterans law or of the work of the Court.''.
(c) Clerical Amendments.--(1) The heading for such section is
amended to read as follows:
``Sec. 7285. Practice and registration fees''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 72 is amended to read as follows:
``7285. Practice and registration fees.''.
SEC. 302. ADMINISTRATIVE AUTHORITIES.
(a) In General.--Subchapter III of chapter 72 is amended by adding
at the end the following new section:
``Sec. 7287. Administration
``Notwithstanding any other provision of law, the Court of Appeals
for Veterans Claims may exercise, for purposes of management,
administration, and expenditure of funds, the authorities provided for
such purposes by any provision of law (including any limitation with
respect to such provision) applicable to a court of the United States
as defined in section 451 of title 28, except to the extent that such
provision of law is inconsistent with a provision of this chapter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item related to section
7286 the following new item:
7287. Administration.''.
TITLE IV--OTHER MATTERS
SEC. 401. PAYMENT OF INSURANCE PROCEEDS TO AN ALTERNATE BENEFICIARY
WHEN FIRST BENEFICIARY CANNOT BE IDENTIFIED.
(a) NSLI.--Section 1917 is amended by adding at the end the
following new subsection:
``(f)(1) Following the death of the insured--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance proceeds does not make a claim for
such payment within three years after the death of the insured,
payment of the proceeds may be made to another beneficiary
designated by the insured, in the order of precedence as
designated by the insured, as if the first beneficiary had
predeceased the insured; and
``(B) if within five years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any notice
in writing that any such claim will be made, payment of the
insurance proceeds may (notwithstanding any other provision of
law) be made to such person as may in the judgment of the
Secretary be equitably entitled to the proceeds of the policy.
``(2) Payment of insurance proceeds under paragraph (1) shall be a
bar to recovery by any other person.''.
(b) USGLI.--Section 1951 is amended--
(1) by inserting ``(a)'' before ``United States
Government''; and
(2) by adding at the end the following new subsection:
``(b)(1) Following the death of the insured--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance proceeds does not make a claim for
such payment within three years after the death of the insured,
payment of the proceeds may be made to another beneficiary
designated by the insured, in the order of precedence as
designated by the insured, as if the first beneficiary had
predeceased the insured; and
``(B) if within five years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any notice
in writing that any such claim will be made, payment of the
insurance proceeds may (notwithstanding any other provision of
law) be made to such person as may in the judgment of the
Secretary be equitably entitled to the proceeds of the policy.
``(2) Payment of insurance proceeds under paragraph (1) shall be a
bar to recovery by any other person.''.
(c) Transition Provision.-
2000
-In the case of a person insured under
subchapter I or II of chapter 19 of title 38, United States Code, who
dies before the date of the enactment of this Act, the three-year and
five-year periods specified in subsection (f)(1) of section 1917 of
title 38, United States Code, as added by subsection (a), and
subsection (b)(1) of section 1951 of such title, as added by subsection
(b), shall for purposes of the applicable subsection be treated as
being the three-year and five-year periods, respectively, beginning on
the date of the enactment of this Act.
SEC. 402. EXTENSION OF COPAYMENT REQUIREMENT FOR OUTPATIENT
PRESCRIPTION MEDICATIONS.
Section 1722A(c) is amended by striking ``September 30, 2002'' and
inserting ``September 30, 2006''.
SEC. 403. REPEAL OF DEPARTMENT OF VETERANS AFFAIRS HEALTH SERVICES
IMPROVEMENT FUND.
(a) Repeal.--(1) Section 1729B is repealed. Any balance as of the
date of the enactment of this Act in the Department of Veterans Affairs
Health Services Improvement Fund established under such section shall
be transferred to the Department of Veterans Affairs Medical Care
Collections Fund established under section 1729A of title 38, United
States Code.
(2) The table of sections at the beginning of chapter 17 is amended
by striking the item relating to section 1729B.
(b) Additional Deposits for Medical Care Collections Fund.--Section
1729A(b) is amended--
(1) by redesignating paragraph (7) as paragraph (9); and
(2) by inserting after paragraph (6) the following new
paragraphs:
``(7) Section 8165(a) of this title.
``(8) Section 113 of the Veterans Millennium Health Care
and Benefits Act (Public Law 106-117; 38 U.S.C. 8111 note).''.
(c) Conforming Amendments.--
(1) Section 1722A(c) is amended--
(A) in the first sentence, by striking ``under
subsection (a)'' and inserting ``under this section'';
and
(B) by striking the second sentence.
(2) Section 8165 is amended by striking ``Department of
Veterans Affairs Health Services Improvement Fund established
under section 1729B of this title'' and inserting ``Department
of Veterans Affairs Medical Care Collections Fund established
under section 1729A of this title''.
(3) Section 113(b) of the Veterans Millennium Health Care
and Benefits Act (Public Law 106-117; 38 U.S.C. 8111 note) is
amended by striking ``Department of Veterans Affairs Health
Services Improvement Fund established under section 1729B of
title 38 United States Code, as added by section 202'' and
inserting ``Department of Veterans Affairs Medical Care
Collections Fund established under section 1729A of title 38,
United States Code''.
SEC. 404. NATIVE AMERICAN VETERAN HOUSING LOAN PILOT PROGRAM.
(a) Extension of Native American Veteran Housing Loan Pilot
Program.--Section 3761(c) is amended by striking ``December 31, 2001''
and inserting ``December 31, 2005''.
(b) Authorization of the Use of Certain Federal Memorandums of
Understanding.--Section 3762(a)(1) is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by striking ``and'' after the semicolon and inserting
``or''; and
(3) by adding at the end the following:
``(B) the tribal organization that has jurisdiction over
the veteran has entered into a memorandum of understanding with
any department or agency of the United States with respect to
direct housing loans to Native Americans that the Secretary
determines substantially complies with the requirements of
subsection (b); and''.
SEC. 405. MODIFICATION OF LOAN ASSUMPTION NOTICE REQUIREMENT.
Section 3714(d) is amended to read as follows:
``(d) With respect to a loan guaranteed, insured, or made under
this chapter, the Secretary shall provide, by regulation, that at least
one instrument evidencing either the loan or the mortgage or deed of
trust therefor, shall conspicuously contain, in such form as the
Secretary shall specify, a notice in substantially the following form:
`This loan is not assumable without the approval of the Department of
Veterans Affairs or its authorized agent'.''.
SEC. 406. ELIMINATION OF REQUIREMENT FOR PROVIDING A COPY OF NOTICE OF
APPEAL TO THE SECRETARY.
(a) Repeal.--Section 7266 is amended by striking subsection (b).
(b) Conforming Amendments.--Such section is further amended--
(1) by striking ``(1)'' after ``(a)'';
(2) by redesignating paragraph (2) as subsection (b);
(3) by redesignating paragraph (3) as subsection (c) and
redesignating subparagraphs (A) and (B) thereof as paragraphs
(1) and (2); and
(4) by redesignating paragraph (4) as subsection (d) and by
striking ``paragraph (3)(B)'' therein and inserting
``subsection (c)(2)''.
SEC. 407. PILOT PROGRAM FOR EXPANSION OF TOLL-FREE TELEPHONE ACCESS TO
VETERANS SERVICE REPRESENTATIVES.
(a) Pilot Program.--The Secretary of Veterans Affairs shall conduct
a pilot program to test the benefits and cost-effectiveness of
expanding access to veterans service representatives of the Department
of Veterans Affairs through a toll-free (so-called ``1-800'') telephone
number. Under the pilot program, the Secretary shall expand the
available hours of such access to veterans service representatives to
not less than 12 hours on each regular business day and not less than
six hours on Saturday.
(b) Information To Be Provided.--The Secretary shall ensure, as
part of the pilot program, that veterans service representatives of the
Department of Veterans Affairs have available to them (in addition to
information about benefits provided under laws administered by the
Secretary) information about veterans benefits provided by--
(1) all other departments and agencies of the United
States; and
(2) State governments.
(c) Consultation.--The Secretary shall establish the pilot program
in consultation with the heads of other departments and agencies of the
United States that provide veterans benefits.
(d) Veterans Benefits Defined.--For purposes of this section, the
term ``veterans benefits'' means benefits provided to a person based
upon the person's own service, or the service of someone else, in the
Armed Forces.
(e) Period of Pilot Program.--The pilot program shall--
(1) begin not later than six months after the date of the
enactment of this Act; and
(2) end at the end of the two-year period beginning on the
date on which the program begins.
(f) Report.--Not later than 120 days after the end of the pilot
program, the Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on the
pilot program. The report shall provide the Secretary's assessment of
the benefits and cost-effectiveness of continuing or making permanent
the pilot program, including an assessment of the extent to which there
is a demand for access to veterans service representatives during the
period of expanded access to such representatives provided under the
pilot program.
SEC. 408. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Amendments to Title 38, United States Code.--Title 38, United
States Code, is amended as follows:
(1)(A) Section 712 is repealed.
(B) The table of sections at the beginning of chapter 7 is
amended by striking the item relating to section 712.
(2) Section 1710B(c)(2)(B) is amended by inserting ``on''
before ``November 30, 1999''.
(3) Section 3695(a)(5) is amended by striking ``1610'' and
inserting ``1611''.
(4) Section 4303(13) is amended by striking the second
period at the end.
(b) Other Amendments.--
1dba
(1) Section 1001(a)(2) of the Veterans' Benefits
Improvements Act of 1994 (38 U.S.C. 7721 note) is amended by
striking ``and'' at the end of subparagraph (C).
(2) Section 12 of the Homeless Veterans Comprehensive
Service Programs Act of 1992 (38 U.S.C. 7721 note) is amended
in the first sentence by striking ``to carry out this Act'' and
all that follows in that sentence and inserting ``to carry out
this Act $50,000,000 for fiscal year 2001.''.
SEC. 409. CODIFICATION OF RECURRING PROVISIONS IN ANNUAL DEPARTMENT OF
VETERANS AFFAIRS APPROPRIATIONS ACTS.
(a) Codification of Recurring Provisions.--Section 313 is amended
by adding at the end the following new subsections:
``(c) Compensation and Pension.--Funds appropriated for
Compensation and Pensions are available for the following purposes:
``(1) The payment of compensation benefits to or on behalf
of veterans as authorized by section 107 and chapters 11, 13,
51, 53, 55, and 61 of this title.
``(2) Pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of this title and
section 306 of the Veterans' and Survivors' Pension Improvement
Act of 1978.
``(3) The payment of benefits as authorized under chapter
18 of this title.
``(4) Burial benefits, emergency and other officers'
retirement pay, adjusted-service credits and certificates,
payments of premiums due on commercial life insurance policies
guaranteed under the provisions of article IV of the Soldiers'
and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 540 et
seq.), and other benefits as authorized by sections 107, 1312,
1977, and 2106 and chapters 23, 51, 53, 55, and 61 of this
title and the World War Adjusted Compensation Act (43 Stat.
122, 123), the Act of May 24, 1928 (Public Law No. 506 of the
70th Congress; 45 Stat. 735), and Public Law 87-875 (76 Stat.
1198).
``(d) Medical Care.--Funds appropriated for Medical Care are
available for the following purposes:
``(1) The maintenance and operation of hospitals, nursing
homes, and domiciliary facilities.
``(2) Furnishing, as authorized by law, inpatient and
outpatient care and treatment to beneficiaries of the
Department, including care and treatment in facilities not
under the jurisdiction of the Department.
``(3) Furnishing recreational facilities, supplies, and
equipment.
``(4) Funeral and burial expenses and other expenses
incidental to funeral and burial expenses for beneficiaries
receiving care from the Department.
``(5) Administrative expenses in support of planning,
design, project management, real property acquisition and
disposition, construction, and renovation of any facility under
the jurisdiction or for the use of the Department.
``(6) Oversight, engineering, and architectural activities
not charged to project cost.
``(7) Repairing, altering, improving, or providing
facilities in the medical facilities and homes under the
jurisdiction of the Department, not otherwise provided for,
either by contact or by the hire of temporary employees and
purchase of materials.
``(8) Uniforms or uniform allowances, as authorized by
sections 5901 and 5902 of title 5.
``(9) Aid to State homes, as authorized by section 1741 of
this title.
``(10) Administrative and legal expenses of the Department
for collecting and recovering amounts owed the Department as
authorized under chapter 17 of this title and Public Law 87-
693, popularly known as the Federal Medical Care Recovery Act
(42 U.S.C. 2651 et seq.).
``(e) Medical Administration and Miscellaneous Operating
Expenses.--Funds appropriated for Medical Administration and
Miscellaneous Operating Expenses are available for the following
purposes:
``(1) The administration of medical, hospital, nursing
home, domiciliary, construction, supply, and research
activities authorized by law.
``(2) Administrative expenses in support of planning,
design, project management, architectural work, engineering,
real property acquisition and disposition, construction, and
renovation of any facility under the jurisdiction or for the
use of the Department, including site acquisition.
``(3) Engineering and architectural activities not charged
to project costs.
``(4) Research and development in building construction
technology.
``(f) General Operating Expenses.--Funds appropriated for General
Operating Expenses are available for the following purposes:
``(1) Uniforms or allowances therefor.
``(2) Hire of passenger motor vehicles.
``(3) Reimbursement of the General Services Administration
for security guard services.
``(4) Reimbursement of the Department of Defense for the
cost of overseas employee mail.
``(5) Administration of the Service Members Occupational
Conversion and Training Act of 1992 (10 U.S.C. 1143 note).
``(g) Construction.--Funds appropriated for Construction, Major
Projects, and for Construction, Minor Projects, are available, with
respect to a project, for the following purposes:
``(1) Planning.
``(2) Architectural and engineering services.
``(3) Maintenance or guarantee period services costs
associated with equipment guarantees provided under the
project.
``(4) Services of claims analysts.
``(5) Offsite utility and storm drainage system
construction costs.
``(6) Site acquisition.
``(h) Construction, Minor Projects.--In addition to the purposes
specified in subsection (g), funds appropriated for Construction, Minor
Projects, are available for--
``(1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are
necessary because of loss or damage caused by a natural
disaster or catastrophe; and
``(2) temporary measures necessary to prevent or to
minimize further loss by such causes.''.
(b) Definition.--(1) Chapter 1 is amended by adding at the end the
following new section:
``Sec. 117. Definition of cost of direct and guaranteed loans
``For the purpose of any provision of law appropriating funds to
the Department for the cost of direct or guaranteed loans, the cost of
any such loan, including the cost of modifying any such loan, shall be
as defined in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``117. Definition of cost of direct and guaranteed loans.''.
(c) Effective Date.--Subsections (c) through (h) of section 313 of
title 38, United States Code, as added by subsection (a), and section
117 of such title, as added by subsection (b), shall take effect with
respect to funds appropriated for fiscal year 2003.
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