On December 8, 2022, APA Services joined the Association of American Medical Colleges to lead a sign-on letter urging the U.S. Senate to pass the VA Infrastructure Powers Exceptional Research Act (viper Act) (PDF, 88KB)opens in new window. This letter was signed by nearly 90 organizations and institutions.
The viper Act (H.R. 5721opens in new window), endorsed by APA Services, passed the House of Representatives on November 17, 2022, and would improve the functionality and efficiency of the Veterans’ Affairs (VA) Medical and Prosthetic Research Program while also ensuring continuity of existing research affiliations in light of updated guidance from the VA that would impact outside salary support for VA researchers.
The VA Office of the General Counsel issued a memo on January 31, 2022, detailing an updated Department of Justice (DOJ) interpretation of the circumstances in which a VA researcher may receive compensation paid by a non-federal source for federal work (18 U.S. Code § 209). This updated interpretation would prohibit the long-standing practice of VA employees receiving compensation in addition to their federal salary from another source (e.g., a private university) participating in the conduct of VA research, even if conducted outside the employee’s VA tour of duty.
In August, the VA’s Office of Research and Development issued guidance for individual VA research programs to assess potential conflicts of this updated interpretation, resulting in the potential disruption of thousands of research projects focused on improving veterans’ physical and mental health and led by VA scientists who hold joint appointments with nonprofit medical schools. The importance of this issue cannot be overstated, as the VA is at risk of losing a substantial number of researchers leading the way in areas such as PTSD and suicide prevention.
The legislation includes a Section 209 waiver that would allow private research universities to continue providing salary support to certain VA researchers. The association and its members continue to be a strong voice urging inclusion of this important exception to allow outside compensation for VA researchers. This recent letter is the latest in APA Services efforts to protect VA research.
For more information, contact K. Conwell Smith.