II
111th CONGRESS
2d Session
S. 3368
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.
Authority for certain individuals to sign claims filed with Secretary of Veterans Affairs on behalf of claimants
In general
Section 5101 of title 38, United States Code, is amended—
in subsection (a)—
by striking A specific
and
inserting (1) A specific
; and
by adding at the end the following new paragraph:
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.
;
in subsection (c)—
in paragraph (1)—
by inserting , signs a form on
behalf of a person to apply for,
after who applies for
;
and
by inserting , or TIN in the case
that the person is not an individual,
after of such
person
; and
in paragraph (2), by inserting or
TIN
after social security number
each place it appears;
and
by adding at the end the following new subsection:
In this section:
The term mentally incompetent with respect to an individual means that the individual lacks the mental capacity—
to provide substantially accurate information needed to complete a form; or
to certify that the statements made on a form are true and complete.
The term TIN has the meaning given the term in section 7701(a)(41) of the Internal Revenue Code of 1986.
.
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.