[Congressional Record Volume 149, Number 98 (Monday, July 7, 2003)]
[Senate]
[Page S8897]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            INTRODUCED BILLS--CORRECTED TEXT--June 26, 2003

      By Mr. GRAHAM of Florida:
       S. 1360. A bill to amend section 7105 of title 38, United 
     States Code, to clarify the requirements for notices of 
     disagreement for appellate review of Department of Veterans 
     Affairs activities; to the Committee on Veterans' Affairs.

                                S. 1360

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CLARIFICATION OF NOTICE OF DISAGREEMENT FOR 
                   APPELLATE REVIEW OF DEPARTMENT OF VETERANS 
                   AFFAIRS ACTIVITIES.

       (a) Clarification.--Section 7105(b) of title 38, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(3) A document that meets the requirements of the second 
     sentence of paragraph (1) and the first sentence of paragraph 
     (2) shall be recognized as a notice of disagreement for 
     purposes of this section.''.
       (b) Effective Date.--(1) Except as specifically provided 
     otherwise, paragraph (3) of section 7105(b) of title 38, 
     United States Code (as added by subsection (a) of this 
     section), shall apply to any document--
       (A) filed under section 7105 of such title on or after the 
     date of the enactment of this Act; or
       (B) filed under section 7105 of such title before the date 
     of the enactment of this Act and not rejected by the 
     Secretary of Veterans Affairs as a notice of disagreement 
     pursuant to section 20.201 of title 38, Code of Federal 
     Regulations, as of that date.
       (2) In the case of a document described in paragraph (3) of 
     this subsection, the Secretary shall, upon the request of the 
     claimant or the Secretary's own motion, order the document 
     treated as a notice of disagreement under section 7105 of 
     such title as if the document had not been rejected by the 
     Secretary as a notice of disagreement pursuant to section 
     20.201 of title 38, Code of Federal Regulations.
       (3) A document described in this paragraph is a document 
     that--
       (A) was filed as a notice of disagreement under section 
     7105 of such title during the period beginning on March 15, 
     2002, and ending on the date of the enactment of this Act; 
     and
       (B) was rejected by the Secretary as a notice of 
     disagreement pursuant to section 20.201 of title 38, Code of 
     Federal Regulations.
       (4) A document may not be treated as a notice of 
     disagreement under paragraph (2) unless a request for such 
     treatment is filed by the claimant, or a motion is made by 
     the Secretary, not later than one year after the date of the 
     enactment of this Act.

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