Va Infrastructure Powers Exceptional Research Act of 2021
Floor Speech
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Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5721) to amend title 38, United States Code, to improve research conducted within the Department of Veterans Affairs, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 5721
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.
This Act may be cited as the ``VA Infrastructure Powers Exceptional Research Act of 2021'' or the ``VIPER Act of 2021''. SEC. 2. INAPPLICABILITY OF PAPERWORK REDUCTION ACT.
(a) In General.--Chapter 1 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 120. Inapplicability of Paperwork Reduction Act
``Subchapter I of chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to research activities of the Department, including activities under subchapter V of chapter 73.''.
(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``120. Inapplicability of Paperwork Reduction Act.''. SEC. 3. RESEARCH AND DEVELOPMENT.
(a) Office of Research and Development.--Chapter 73 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER V--RESEARCH AND DEVELOPMENT ``Sec. 7381. Office of Research and Development
``(a) Office of Research and Development.--There is in the Veterans Health Administration an Office of Research and Development (in this section referred to as the `Office').
``(b) Purposes.--The function of the Office is to serve veterans through a full spectrum of research (including pre- clinical, clinical, and health systems science), technology transfer, and application.
``(c) Chief Research and Development Officer.--The head of the Office is the Chief Research and Development Officer.
``(d) Organization and Personnel.--The Office shall be organized in such manner, and its personnel shall perform such duties and have such titles, as the Secretary may prescribe. ``Sec. 7382. Research personnel
``(a) Waiver of Intergovernmental Personnel Act Mobility Program Limits.--The Secretary may waive the limit on the period and number of assignments required under section 3372(a) of title 5 with respect to an individual who performs research for the Department under the mobility program under subchapter VI of chapter 33 of such title (commonly referred to as the `Intergovernmental Personnel Act Mobility Program').
``(b) Outside Earned Income for Research for the Department.--(1) Compensation from a nonprofit corporation established under subchapter IV of this chapter, or a university affiliated with the Department, may be paid, without regard to section 209 of title 18, to an employee described in paragraph (2), for research conducted pursuant to section 7303 of this title if--
``(A) the research has been approved in accordance with procedures prescribed by the Under Secretary for Health;
``(B) the employee conducts research under the supervision of personnel of the Department; and
``(C) the Secretary agreed to the terms of such compensation in writing.
``(2) An employee described in this subsection is an employee who has an appointment within the Department, whether with or without compensation, and without regard to the source of such compensation.''.
(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``subchapter v--research and development ``7381. Office of Research and Development. ``7382. Research personnel.''. SEC. 4. EXPANSION OF HIRING AUTHORITIES FOR CERTAIN CLASSES OF RESEARCH OCCUPATIONS.
Section 7401(3) of title 38, United States Code, is amended by inserting ``statisticians, economists, informaticists, data scientists, and'' after ``blind rehabilitation outpatient specialists,''.
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Mr. TAKANO. 5721, as amended.
Mr. Speaker, I rise today in support of H.R. 5721, as amended, the VA Infrastructure Powers Exceptional Research Act of 2021, or VIPER Act, as amended, which I introduced with Ranking Member Bost.
This bipartisan bill was developed in consultation with scientific groups and veteran service organizations. It gives VA the additional authorities it needs to make its world-class research program even more efficient and innovative as it works to improve the lives of the veterans it serves.
It is no secret that VA research is a jewel in VA's crown, and we need to ensure that VA can continue to be competitive in hiring the finest scientists to understand, prevent, and treat health challenges veterans face from the effects of military toxic exposures and chronic pain to post-traumatic stress disorder and traumatic brain injury.
VA has told us and our Senate colleagues that it urgently needs the VIPER Act, especially to protect the nonprofit veterans research and education foundations so critical to the VA research enterprise.
VIPER is also endorsed by major VSOs, including The American Legion, Veterans of Foreign Wars, Disabled American Veterans, Paralyzed Veterans of America, Minority Veterans of America, Modern Military Association of America, and Wounded Warrior Project.
It has the strong endorsement of scientific organizations that support the VA research program, including the American Association of Colleges of Osteopathic Medicine, America Foundation for Suicide Prevention, American Heart Association, America Psychiatric Association, American Physiological Association, American Thoracic Society, Association of American Medical Colleges, Association of VA Psychologist Leaders, Federation of American Societies for Experimental Biology, National Association of Veterans' Research and Education Foundations, Nurses Organization of Veterans Affairs, and Veterans Healthcare Policy Institute.
Mr. Speaker, I include in the Record letters from four of these organizations. Friends of VA Medical Care and Health Research, November 5, 2021. Hon. Mark Takano, Chair, Committee on Veterans' Affairs, House of Representatives, Washington, DC. Hon. Mike Bost, Ranking Member, Committee on Veterans' Affairs, House of Representatives, Washington, DC.
Dear Chairman Takano and Ranking Member Bost: As members of the Friends of VA Medical Care and Health Research (FOVA) executive committee, we write to thank you for your legislation, the VA Infrastructure Powers Exceptional Research Act of 2021, or VIPER Act. The organizations represented by the FOVA executive committee are pleased to endorse this bill, which would provide added authority and resources to improve the VA Medical and Prosthetic Research program.
FOVA is a coalition founded over 30 years ago to ensure that America's veterans receive high-quality health care supported by veteran-centric research conducted through the Department of Veterans Affairs (VA) Medical and Prosthetic Research program. Today, FOVA is a diverse coalition representing nearly 100 national academic, medical, and scientific societies; health and patient advocacy groups; and veteran-focused associations. FOVA works in concert with the Independent Budget veterans service organizations.
We are pleased that Congress has worked over the last several years in a bipartisan, bicameral manner to support robust funding growth for VA research. Specifically, your legislation would add stability and efficiency for the VA research program by formally authorizing VA's Office of Research and Development and excluding VA research from Paperwork Reduction Act requirements, better aligning VA with other federal research agencies. We also appreciate that the VIPER Act would work to enhance the diversity of the VA research workforce, increasing scientific opportunities and leading to improved health care for veterans.
While the VIPER Act takes important steps to strengthen the research program, additional infrastructure support for information technology and physical laboratory improvements continue to be necessary to ensure that VA researchers have access to the cutting-edge technology that yields state-of- the-art research and improved health outcomes. We understand that you remain abreast of these issues, and we stand ready to support any additional efforts you may undertake to address these important research needs.
Thank you again for your efforts. We look forward to working with you to continue this important work. Sincerely, The FOVA Executive Committee. ____ Association of VA Psychologist Leaders, November 10, 2022.
The Association of VA Psychologist Leaders fully endorses H.R. 5721: To amend title 38, United States Code, to improve research conducted within the Department of Veterans Affairs, and for other purposes. We believe this will bring needed parity of private and public universities funding VA Researchers. Many important discoveries in health care originated from VA research. If VA researchers are blocked from being compensated for their work, we will deprive Veterans and the broader American population of new advancements in healthcare. Further, limiting VA's research enterprise will diminish the its attractiveness to professional trainees and cause current staff to leave VA service.
We appreciate Chairman Takano and Ranking Member Bost for introducing this bill and we would like to offer our endorsement and support. Sincerely, Mike Martin, PhD, President, Association of VA Psychologist Leaders. ____ American Foundation for Suicide Prevention, November 11, 2022. Hon. Mark Takano, Chairman, House Committee on Veterans' Affairs, Washington, DC. Hon. Mike Bost, Ranking Member, House Committee on Veterans' Affairs, Washington, DC.
Dear Chairman Takano and Ranking Member Bost: On behalf of the American Foundation for Suicide Prevention (AFSP), I am pleased to write in support of H.R. 5721, the VA Infrastructure Powers Exceptional Research (VIPER) Act of 2021. As you know, this important legislation will provide the Department of Veterans Affairs (VA) with new authorities to facilitate research on Veterans' health outcomes, leading to better care for our nation's Veterans and service members.
Suicide is an ongoing public health crisis in the United States. The national suicide rate increased by 4% in 2021, reversing progress made in 2019 and 2020. Since the year 2000, the national suicide rate has increased by 30%, and suicide remains a leading cause of death in the United States. This crisis is tragically prevalent among Veterans, who face a significantly higher risk of suicide than their civilian counterparts. In 2020, 6,146 Veterans died by suicide, at a rate 57.3% higher than that of non-Veteran U.S. adults.
The VIPER Act will allow the VA to grow its research program, encourage more innovation and collaboration, and support the recruitment and retention of data scientists and researchers. By providing the VA with the research tools and resources it needs, the VIPER Act will improve the lives of Veterans and service members and help to prevent suicide among these populations.
We thank you for your ongoing leadership in support of Veterans and service members, and we urge the swift passage of this legislation. Sincerely, Laurel Stine, J.D.,M.A.,
Executive Vice President and Chief Policy Officer, American Foundation for Suicide Prevention. September 20, 2022. Hon. Mark Takano, Chair, House Committee on Veterans' Affairs, Washington, DC. Hon. Jon Tester, Chair, Senate Committee on Veterans' Affairs, Washington, DC. Hon. Mike Bost, Ranking Member, House Committee on Veterans' Affairs, Washington, DC. Hon. Jerry Moran, Ranking Member, Senate Committee on Veterans' Affairs, Washington, DC.
Dear Chair Takano, Ranking Member Bost, Chair Tester, and Ranking Member Moran: Thank you for your continued support of medical research addressing the health of America's veterans. We write respectfully to urge Congress to enact as soon as possible a bipartisan veterans bill that includes provisions from HR 5721, the VIPER Act that will allow research affiliations between nonprofit medical schools and Veterans' Affairs (VA) medical centers to continue without disruption. The VA recently issued guidance that prohibits VA employees involved in VA research from receiving compensation from outside sources, including a VA-affiliated Nonprofit Education and Research Corporation or an affiliated nonprofit medical school. This policy will be highly disruptive to thousands of research projects focused on improving veterans' health and led by VA scientists who hold joint appointments with nonprofit medical schools. A limited exception to allow outside compensation for VA researchers (enclosure) would provide stability for these important projects.
Across the country, VA medical centers are affiliated with nonprofit as well as public medical schools for the purpose of improving the quality of veterans' health care, to support medical education, and to foster medical research on conditions affecting veterans. Projects conducted at VA medical centers in partnership with medical schools are advancing new therapies and treatments for a wide range of health challenges, including cancer, diabetes, traumatic brain injury, post-traumatic stress disorder, and chronic pain. The importance of these affiliations was recently highlighted in a May statement for the record to your committees by the Association of American Medical Colleges, including a recommendation of swift passage of the VIPER Act.
These very productive affiliations between VA medical centers and medical schools are built around joint faculty appointments, in which faculty based at the VA often derive part of their salary from the academic institution, often through research grants from the National Institutes of Health or other sponsors. However, in January 2022, the VA General Counsel issued guidance, based on advice from the Department of Justice, stating that current federal law (18 USC 209) bars VA researchers from deriving any part of their research compensation from non-federal sources. If the new guidance were to take effect, VA-affiliated researchers across the country would be required to forego external sources of support (and thus take a cut in salary), curtail externally-funded research (including federally-funded projects), or attempt to relocate their clinical research sites from the VA to facilities on medical school campuses (which may not be possible in many cases due to space and logistical constraints). This has the potential to interrupt hundreds of millions of dollars invested in life-saving biomedical research for America's veterans.
The VA is trying to avoid a disruption of the medical research conducted at VA medical centers, but a full resolution requires legislation. We ask that you and your colleagues work quickly to pass a bipartisan veterans? legislative package that includes the relevant provisions of HR 5721 that will allow VA employees to receive outside compensation related to their clinical and research activities at VA medical centers. We are grateful for your attention to this issue and for your support of university research that benefits our veterans. We would be happy to discuss this further at your convenience or answer any questions. Sincerely,
Paul Klotman, MD; President & CEO; Executive Dean, Baylor College of Medicine.
Karen H. Antman, MD; Provost, Boston University Medical Campus; Dean, Boston University School of Medicine.
Mukesh K. Jain. MD. FAHA; Dean of Medicine and Biological Sciences; The Warren Alpert Medical School of Brown University.
Stanton L. Gerson, MD; Dean, School of Medicine and Senior Vice President for Medical Affairs; Case Western Reserve University.
Katrina Armstrong, MD; Executive Vice President for Health and Biomedical Sciences; Dean of the Faculties of Health Sciences and the Vagelos College of Physicians and Surgeons; Columbia University Irving Medical Center.
Duane A. Compton, PhD; Dean, Geisel School of Medicine at Dartmouth.
Mary E. Klotman, MD; R.J. Reynolds Distinguished Professor of Medicine; Dean, Duke University School of Medicine; Vice Chancellor for Health Affairs, Duke University; Chief Academic Officer, Duke University Health System.
Vikas P. Sukhatme, MD, ScD; Dean, Emory School of Medicine; Chief Academic Officer, Emory Healthcare.
Barbara Lee Bass, MD, FACS; Professor of Surgery and Dean; School of Medicine and Health Sciences; George Washington University.
George Q. Daley, MD, PhD; Dean of the Faculty of Medicine; Harvard University.
Joseph E. Kerschner, MD; Provost and Executive Vice President; The Julia A. Uihlein, MA, Dean of the School of Medicine; Professor of Otolaryngology; Microbiology and Immunology; Medical College of Wisconsin.
Eric G. Neilson, MD, MACP, FASN; Vice President for Medical Affairs; Lewis Landsberg Dean; Professor of Medicine and Cell and Developmental Biology; Feinberg School of Medicine; Northwestern University.
Robert I. Grossman, MD; Dean, New York University Grossman School of Medicine; Chief Executive Officer, New York University Langone Health.
Lloyd B. Minor, M.D.; Carl and Elizabeth Naumann Dean of the Stanford University School of Medicine; Professor of Otolaryngology--Head and Neck Surgery; Professor of Neurobiology and of Bioengineering, by courtesy.
Lee Hamm, MD; Senior Vice President & Dean of the School of Medicine; Tulane University.
Jerris R. Hedges, MD, MS, MMM; Professor & Dean; Barry & Virginia Weinman--Endowed Chair; John A. Burns School of Medicine; University of Hawaii--Manoa.
Mark T. Gladwin, MD; Vice President for Medical Affairs, UM Baltimore; John Z. and Akiko K. Bowers Distinguished Professor and; Dean, University of Maryland School of Medicine.
Henri R. Ford, MD, MHA; Dean and Chief Academic Officer; University of Miami Miller School of Medicine.
J. Larry Jameson, MD, PhD; Executive Vice President of the University of Pennsylvania for the Health System; Dean, Perelman School of Medicine.
Nancy J. Brown, MD; Jean and David W. Wallace Dean; C.N.H. Long Professor of Internal Medicine; Yale School of Medicine.
Enclosure. ____ Recommended Legislative Language to Allow Outside Compensation in Limited Circumstances Related to Research (from HR 5721)
(a) Office of Research and Development.--Chapter 73 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER V--RESEARCH AND DEVELOPMENT ``Sec. 7381. Office of Research and Development
``(a) Office of Research and Development.--There is in the Veterans Health Administration an Office of Research and Development (in this section referred to as the `Office').
``(b) Purposes.--The function of the Office is to serve veterans through a full spectrum of research (including pre- clinical, clinical, and health systems science), technology transfer, and application.
``(c) Chief Research and Development Officer.--The head of the Office is the Chief Research and Development Officer.
``(d) Organization and personnel.--The Office shall be organized in such manner, and its personnel shall perform such duties and have such titles, as the Secretary may prescribe. ``Sec. 7382. Research personnel
``(a) Waiver of Intergovernmental Personnel Act Mobility Program limits.--The Secretary may waive the limit on the period and number of assignments required under section 3372(a) of title 5 with respect to an individual who performs research for the Department under the mobility program under subchapter VI of chapter 33 of such title (commonly referred to as the `Intergovernmental Personnel Act Mobility Program').
``(b) Outside earned income for research for the Department.--(1) Compensation from a nonprofit corporation established under subchapter IV of this chapter, or a university affiliated with the Department, may be paid, without regard to section 209 of title 18, to an employee described in paragraph (2), for research conducted pursuant to section 7303 of this title if--
``(A) the research has been approved in accordance with procedures prescribed by the Under Secretary for Health;
``(B) the employee conducts research under the supervision of personnel of the Department; and
``(C) the Secretary agreed to the terms of such compensation in writing.
``(2) An employee described in this subsection is an employee who has an appointment within the Department, whether with or without compensation, and without regard to the source of such compensation.''.
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Mr. TAKANO. In one letter, deans from 20 medical schools note that without the legislative fix in VIPER, VA will have to ``interrupt hundreds of millions of dollars invested in life-saving biomedical research for America's veterans.''
Mr. Speaker, we must pass this bill, urge our Senate colleagues to pass it, and get it to the President by the end of the year to give VA the authorities it needs to fix its research program issues now.
Mr. Speaker, I urge my colleagues to support H.R.
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Mr. TAKANO. Mr. Speaker, I ask all my colleagues to join me in passing this important piece of legislation, H.R. 5721, as amended, and I yield back the balance of my time.
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