[Congressional Record Volume 168, Number 175 (Monday, November 14, 2022)]
[House]
[Pages H8461-H8464]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1530
VA INFRASTRUCTURE POWERS EXCEPTIONAL RESEARCH ACT OF 2021
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,
[[Page H8462]]
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,''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Takano) and the gentleman from Texas (Mr. Ellzey) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 5721, as amended.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
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
[[Page H8463]]
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').
[[Page H8464]]
``(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.''.
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. 5721, the VIPER
Act, as amended, and I reserve the balance of my time.
Mr. ELLZEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 5721, as amended, the VA
Infrastructure Powers Exceptional Research Act of 2021, or the VIPER
Act.
Ranking Member Bost is an original cosponsor of this bill alongside
Chairman Takano.
Research is one of the core statutory missions of the VA healthcare
system. VA researchers have made a number of important discoveries and
advancements that have benefited not only veterans but the entire
world.
Just recently, with the pandemic, VA researchers have done
groundbreaking work utilizing vast stores of data to identify certain
collateral health impacts on vulnerable populations, and they have made
notable advancements in studying the characteristics of and potential
treatments for what is termed long COVID.
This bill will make it easier for VA to conduct the research that
veterans require, and yield advancements in science and medicine that
will benefit everyone.
The VIPER Act would codify VA's Office of Research and Development.
VIPER would also better structure VA's ability to conduct research
across the system.
Finally, this bill will expand hiring authorities for certain classes
of research occupations, including statisticians, economists,
informaticists, and data scientists.
VA needs the talent of these occupational categories to keep up with
rapid changes in data analytics, including artificial intelligence.
Mr. Speaker, I am proud of the bipartisan committee work that has
been done to date on this bill, and I encourage all of my colleagues to
support it. I yield back the balance of my time.
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.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Takano) that the House suspend the rules
and pass the bill, H.R. 5721, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GOOD of Virginia. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER. Pursuant to clause 8 of rule XX, further proceedings on
this motion will be postponed.
____________________