[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.

                          ____________________