H.R. 5721 Text - Engrossed in House - 117th Congress (2021-2022)

To amend title 38, United States Code, to improve research conducted within the Department of Veterans Affairs, and for other purposes.

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:

“§ 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

“§ 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.

“§ 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,”.