[Congressional Record Volume 156, Number 72 (Thursday, May 13, 2010)]
[Senate]
[Page S3720]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 3368. 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; to the 
Committee on Veterans' Affairs.
  Mr. AKAKA. Mr. President, as Chairman of the Senate Committee on 
Veterans' Affairs, I introduce legislation today that would give the 
Department of Veterans Affairs the same authority as the Social 
Security Administration with respect to claimants who are unable to 
complete applications for benefits without requiring assistance.
  Occasionally, claimants for VA benefits are so disabled as to be 
incapable of understanding the information on the application form. VA 
lacks authority to authorize a court appointee or caregiver to sign an 
application form allowing the adjudication of the claim to proceed. 
Without a signed application, the claim cannot proceed.
  The Social Security Administration has specific authority under the 
Social Security Act that permit an certain individuals, such as court 
appointed representatives, to sign a claim form on behalf of 
individuals unable to sign a claim form.
  My bill would extend the same authority to the Department of Veterans 
Affairs, and would allow court appointed representatives and caregivers 
of applicants for VA benefits and services, including institutional 
representatives, to sign application forms. This bill does not alter 
the responsibility of VA to evaluate and appoint a fiduciary in cases 
where the beneficiary is determined to be incompetent to manage his or 
her benefits.
  I urge our colleagues to support this bill so that unnecessary delays 
in the adjudication of these claims will be avoided.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3368

       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.
                                 ______