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.

September 20, 2005

Mr. AKAKA introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

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.

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.

END