[Congressional Record Volume 156, Number 106 (Monday, July 19, 2010)]
[Senate]
[Pages S5994-S5995]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 3609. A bill to extend the temporary authority for performance of 
medical disability examinations by contract physicians for the 
Department of Veterans Affairs; to the Committee on Veterans' Affairs.
  Mr. AKAKA. Mr. President, I am pleased to introduce legislation that 
would extend the Department of Veterans Affairs' authority to use 
contract physicians to perform medical disability examinations.
  The VA continues to struggle to compensate disabled veterans quickly 
and accurately. While the Administration and Congress work to produce 
long-term, systemic solutions to this challenge, the reality is that we 
also need short-term solutions to most effectively leverage available 
resources. One such tool, which has helped VA better serve veterans, is 
the use of contract physicians for medical disability examinations.
  In order to determine the type and severity of disabilities of 
veterans filing for VA compensation or pension benefits, VA often 
requires thorough medical disability examinations. Because these 
examinations form the basis of disability ratings, their accurate and 
timely completion is essential. In recent years, the demand for medical 
disability examinations has increased beyond the number of requests 
that VA's in-house system was designed to accommodate. This rise in 
demand is due to an increase in the complexity of disability claims, a 
rise in the number of disabilities claimed by veterans, and changes in 
eligibility requirements for disability benefits.
  In 1996, in Public Law 104-275, the Veterans' Benefits Improvements 
Act of 1996, VA was authorized to carry out a pilot program of contract 
disability examinations through ten VA regional offices using amounts 
available for payment of compensation and pensions. During the initial 
pilot program,

[[Page S5995]]

one contractor performed all contract examinations at the ten selected 
regional offices. The pilot was deemed a success, with general 
satisfaction reported from all stakeholders.
  Subsequently, in 2003, in Public Law 108-183, the Veterans Benefits 
Act of 2003, VA was given additional, time-limited authority to 
contract for disability examinations using other appropriated funds. 
That initial authority was extended until December 31, 2010, by Public 
Law 110-389, the Veterans' Benefits Improvement Act of 2008. VA 
continues to report high demand for compensation and pension 
examinations, and satisfaction with the contracted exams.
  I urge my colleagues to support this legislation that will allow the 
extension of VA's authority to utilize qualified non-VA doctors for two 
additional years, until December 31, 2012.
  Should we not authorize a temporary extension of VA's authority to 
use contract physicians, it will further contribute to the Department's 
pending claims inventory, which is not a result any of us would want 
for ill and injured veterans.
  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. 3609

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

     SECTION 1. EXTENSION OF AUTHORITY FOR PERFORMANCE OF MEDICAL 
                   DISABILITY EXAMINATIONS BY CONTRACT PHYSICIANS.

       Section 704(c) of the Veterans Benefits Act of 2003 (Public 
     Law 108-183; 38 U.S.C. 5101 note) is amended by striking 
     ``December 31, 2010'' and inserting ``December 31, 2012''.
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