A bill to amend title 38, United States Code, to authorize certain individuals to sign claims filed with the Secretary of Veterans Affairs on behalf of claimants, and for other purposes.

Authorizes the following individuals to sign veterans' benefits claims filed on behalf of a person who is under 18, mentally incompetent, or physically unable to sign: (1) a court-appointed representative or person responsible for care; or (2) in the case of an institutionalized person, the manager or principal officer of the institution.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3368 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3368

To amend title 38, United States Code, to authorize certain individuals 
 to sign claims filed with the Secretary of Veterans Affairs on behalf 
                 of claimants, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2010

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

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to authorize certain individuals 
 to sign claims filed with the Secretary of Veterans Affairs on behalf 
                 of claimants, 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. AUTHORITY FOR CERTAIN INDIVIDUALS TO SIGN CLAIMS FILED WITH 
              SECRETARY OF VETERANS AFFAIRS ON BEHALF OF CLAIMANTS.

    (a) In General.--Section 5101 of title 38, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``A specific'' and inserting ``(1) 
                A specific''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) If an individual has not attained the age of 18 years, is 
mentally incompetent, or is physically unable to sign a form, a form 
filed under paragraph (1) for the individual may be signed by a court 
appointed representative or a person who is responsible for the care of 
the individual, including a spouse or other relative. If the individual 
is in the care of an institution, the manager or principal officer of 
the institution may sign the form.'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by inserting ``, signs a form on behalf 
                        of a person to apply for,'' after ``who applies 
                        for''; and
                            (ii) by inserting ``, or TIN in the case 
                        that the person is not an individual,'' after 
                        ``of such person''; and
                    (B) in paragraph (2), by inserting ``or TIN'' after 
                ``social security number'' each place it appears; and
            (3) by adding at the end the following new subsection:
    ``(d) In this section:
            ``(1) The term `mentally incompetent' with respect to an 
        individual means that the individual lacks the mental 
        capacity--
                    ``(A) to provide substantially accurate information 
                needed to complete a form; or
                    ``(B) to certify that the statements made on a form 
                are true and complete.
            ``(2) The term `TIN' has the meaning given the term in 
        section 7701(a)(41) of the Internal Revenue Code of 1986.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to claims filed on or after the date of the 
enactment of this Act.
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