[Congressional Record Volume 151, Number 118 (Tuesday, September 20, 2005)]
[Senate]
[Page S10235]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 1729. A bill to extend the time during which persons affected by 
Hurricane Katrina may appeal certain decisions of the Board of 
Veterans' Appeals that are rendered during the period beginning June 1, 
2005, and ending November 30, 2005; to the Committee on Veterans' 
Affairs.
  Mr. AKAKA. Mr. President, today I want to discuss one of the many 
potential problems that will face this Nation in the aftermath of 
Hurricane Katrina. We have all heard the stories of the displacement of 
thousands of citizens from Louisiana, Mississippi, and Alabama. Many of 
these people have lost everything--their homes and belongings 
destroyed.
  Undoubtedly, some of these people are veterans with claims they wish 
to appeal from the Board of Veterans' Appeals to the Court of Appeals 
for Veterans Claims. Under current law, a veteran has 120-days to file 
a notice of appeal to the Court of Appeals for Veterans Claims. If a 
notice of appeal is not filed within the 120-day window, the veteran 
essentially loses the right to appeal and might not receive benefits to 
which the veteran is entitled.
  Given the current conditions in the gulf coast region, Congress must 
conclude that 120 days is not enough time for a veteran to file a 
notice of appeal. The sheer stress of the situation and the possibility 
that veterans and their advocates may not have access to the 
appropriate files makes 120 days for appeals unreasonable.
  I have submitted legislation that extends the window for a notice of 
appeal from 120 days to 240 days for a veteran affected by Hurricane 
Katrina. This extension will provide appropriate relief to those 
attempting to rebuild their lives. Veterans should not be additionally 
burdened during these turbulent times.
  I urge my colleagues to support this commonsense legislation and it 
is my hope that this legislation will pass the Senate in the near 
future. I ask unanimous consent that the text of the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1729

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

     SECTION 1. EXTENSION OF TIME FOR APPEAL OF CERTAIN DECISIONS 
                   RENDERED BY BOARD OF VETERANS' APPEALS.

       (a) Appeal Period.--Notwithstanding section 7266(a) of 
     title 38, United States Code, a Hurricane Katrina-affected 
     person adversely affected by a final decision of the Board of 
     Veterans' Appeals, which is rendered during the period 
     beginning on June 1, 2005, and ending on November 30, 2005, 
     may file a notice of appeal with the Court of Appeals for 
     Veterans Claims at any time before the expiration of 240 days 
     after the date on which notice of such decision is mailed 
     pursuant to section 7104(e) of such title.
       (b) Definition.--In this Act, the term ``Hurricane Katrina-
     affected person'' means a person--
       (1) who, as of August 28, 2005, resided in a county 
     identified as being adversely affected by Hurricane Katrina 
     in Florida, Louisiana, Mississippi, or Alabama by Federal 
     Disaster Declaration notice 1602, 1603, 1604, or 1605, 
     respectively (as amended), issued by the Federal Emergency 
     Management Agency; or
       (2) whose claim is under the jurisdiction of the Department 
     of Veterans Affairs regional office in New Orleans, Louisiana 
     or Jackson, Mississippi.
                                 ______