Senate Appropriations Committee Chair Patrick Leahy (D-Vt.) released all 12 draft FY 2023 Senate appropriations bills this morning, including text of the draft MilCon-VA spending bill and the accompanying explanatory statement and bill summary.

The bill provides a total of $916 million (+$24 million over FY 2022, +3.85%) for the VA Medical and Prosthetic Research program in FY 2023. This is in alignment with the FY 2023 president’s budget request and falls below the House-passed $926 million investment.

As a reminder, the Senate draft bills were crafted by the chairs of the 12 subcommittees as the Senate has yet to agree to topline funding for the FY 2023 budget. In his press statement, Leahy noted, “It is my goal to finish our work before the end of the 117th Congress to avoid these consequences.  I look forward to continuing to work with my dear friend, Vice Chairman Shelby, and I encourage good faith, bipartisan negotiations on toplines to resume with the urgency that this moment requires.”

Leahy added, “Enacting full year bills as soon as possible is imperative.  A long-term continuing resolution, which continues prior fiscal year funding levels, during the record inflationary pressures the country is currently experiencing would result in devastating cuts to programs that the American people rely on and for our national security.” 

Senate Appropriations Committee Ranking Member Richard Shelby (R-Ala.) issued a press statement in response to the release of the draft FY 2023 bills. “If we are going to get full year bills during this Congress, Democrats must commit to a bipartisan framework that abandons poison pills, preserves legacy riders, and demonstrates a serious commitment to our military. Wasteful, off-budget spending that fuels inflation will be a non-starter.  Today’s effort shows we have a long way to go.  Democrats need to get serious or, regrettably, I believe we will end up with a long-term CR,” Shelby said.

No additional action in the House or Senate on the FY 2023 spending bills are expected before the chambers recess for the month of August.

The US Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing on December 14 to nominate Dr. Robert Califf as the next FDA Commissioner. Several Senate HELP Committee Republicans following Dr. Califf’s hearing said they would support returning him to the commissioner position—a position he previously held towards the end of the Obama administration. Their support will likely push Califf through a committee vote and, later, a full Senate vote on the nomination. However, it would be fair to note members on both sides of the aisle publicly expressed concerns regarding Dr. Califf’s previous history as FDA Commissioner and with his health and policy work with Google’s parent company, Alphabet.

A confirmation vote in January would give the FDA a permanent leader for the first time during the Biden administration and perhaps more importantly, during a time when the agency faces several important decisions. Six former FDA commissioners have endorsed Califf's candidacy in a letter to the committee, saying he was committed to public service, advancing science and clinical evidence.

NAVREF and Dr. Califf crossed paths in 2020 during the NAVREF Annual Conference which was conducted virtually due to the COVID-19 pandemic. During his presentation entitled Evidence Generation - Learning from the Pandemic, he acknowledged his supportive position of VA Research and recognized NAVREF for working closely with VA ORD to advance veterans health research.

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NAVREF is still working with veterans affairs committee staffers to pass key provisions contained in the VIPER Act.  We are cautiously optimistic the provisions will be included in an end of year legislative package focused on veteran issues that will likely be pushed to January. 

The VIPER Act was introduced on October 25 and aims to improve the VA Medical and Prosthetic Research program by providing additional authority and resources for VA research. NAVREF along with the FOVA executive committee has been working closely with lawmakers to  bring key language to fruition.

The bill also includes provisions to:

· Expand the VA’s hiring authority for certain classes of research occupations, including data scientists and statisticians.

· Create a career development award grant program for researchers at smaller universities.

· Mandate a Government Accountability Office study on the retention of VA clinician-scientists and the productivity of their research

 

President’s FY2022 Budget Request – On May 28^th the White House released the FY2022 Budget Request.  The Request includes $882 million for VA Research, an increase of 10.9% from the FY2021 enacted level.  See pages 24-26 for more details:    https://www.va.gov/budget/docs/summary/fy2022VAbudgetInBrief.pdf 

FOVA Testimony  - On May 27^th, the House Veterans Affairs Committee held a hearing on VA infrastructure. The FOVA Executive Committee (of which NAVREF is a member) submitted the attached written testimony.

Legislative Update – the House FY22 MilCon-VA bill was posted on June 24th and proposed $902M for VA research per the request advocated by the FOVA coalition!  This level of funding is $20 million above the Administration’s request.  NAVREF, as part of The Friends of VA Medical Care and Health Research (FOVA) executive committee, is endorsing $902 million for VA research by submitting a Statement for Record to the Senate Appropriations Subcommittee on Military Construction, Veterans Affairs, and Related Agencies in advance of their upcoming hearing.

The Friends of VA Medical Care and Health Research Executive Committee submitted a letter to congressional leaders encouraging additional investment in VA research facilities and IT infrastructure.  The letter is posted here: http://www.friendsofva.org/resources/2021/05.20.21Letter.pdf. 

The House Veterans Affairs Committee will hold a hearing on VA infrastructure this week

b.      The National Science Foundation for the Future Act (H.R.2225) was marked up and reported out of the House Science Research and Technology Subcommittee by a unanimous voice vote. 

c.       The Schumer/Young Endless Frontier Act was marked up last week by the Senate Commerce Committee.  On Monday, Senators voted to invoke cloture, allowing the measure to move to a floor debate and likely a final vote later this month.

a.            Public Service Announcement.  On April 22, 2021, Senate Veterans’ Affairs Committee Chairman Jon Tester (D-Mont.) and Ranking Member Jerry Moran (R-Kan.) launched a bipartisan public service announcement (PSA) encouraging veterans and their families to get vaccinated. Tester and Moran teamed up with committee members and Veterans Service Organizations — Blinded Veterans Association (BVA), Disabled American Veterans (DAV), The American Legion, Nurses Organization of Veterans Affairs (NOVA), Iraq Afghanistan Veterans Association (IAVA), Military Veterans Advocacy, Vietnam Veterans of America (VVA), as well as Veterans and Military Families for Progress (VMFP) — to highlight the safety and efficacy of the COVID-19 vaccine in a bipartisan effort to increase vaccine confidence among veterans—especially those in rural areas—and help communities recover from the pandemic as quickly as possible.  Click here to watch the Senators’ PSA.

b.            Foreign Influence.  The Senate Health, Education, Labor and Pensions (SHELP) Committee met April 22 to discuss how to protect US biomedical research from “undue foreign influence.”  Policymakers have long been concerned that other countries, particularly China, are stealing intellectual property resulting from biomedical research conducted in the United States. They point to the relatively large number of foreign graduate students involved in academic research programs. Over the past year, there have been charges of hacking attempts from North Korea to gain access to information concerning the COVID-19 vaccines.

c.             Veterans’ toxic exposures.  So far, several pieces of legislation have been introduced to expand coverage of veterans’ health conditions that appear to have been caused by toxic exposures. In a Congress with deep, deep political divides, this appears to be the single most bipartisan issue on both sides of the Hill.

d.            Endless Frontier Act (EFA) Update: Another important development in the R&D arena is the reintroduction (with bipartisan support) of the Schumer/Young Endless Frontier Act. The legislation would add a Technology and Innovation Directorate to NSF and authorize $100 billion for the directorate over five years. The bill would also authorize $10 billion for regional technology hubs. The new bill reflects the recommendations of key science & technology leaders.

a.            Paycheck Protection Program Extension Act – On March 30th, President Biden signed into law the two-month extension to apply for a Paycheck Protection Program (PPP) loan. As a refresher, the legislation extends PPP through May 31. Further, if eligible organizations apply by May 31, the Small Business Administration will permit lenders an additional 30 days to process and approve any outstanding applications.  The maximum loan amount of a second PPP loan is two-and-a-half times the average monthly 2019 or 2020 payroll costs, up to $2 million.  Eligibility criteria for a second PPP loan are as follows:

• The applicant received a first PPP loan and will or has used the loan only for authorized uses;
• The applicant employs no more than 300 people; and
• The applicant can demonstrate at least a 25-percent reduction in gross receipts between comparable quarters in 2019 and 2020.

b.            The administration’s proposed American Jobs Plan/Build Back Better includes an $18 billion commitment to address VA hospital and clinic infrastructure. 

March 24 – Senate Committee on Veterans Affairs hearing:  Coping during COVID:  Veterans’ Mental Health and Implementation of the Hannon Act

Advocacy Update. 

•                                                                i.      Committee chair Rep. Takano (D-CA) said, in the coming year, they must work to account for service members’ toxic exposures during their military service. He also wants to do more to ensure equality in veterans’ access to benefits. That will mean hearing from organizations that represent traditionally underserved communities.
•                                                              ii.      Committee ranking member Rep. Bost (R-IL) said he wants to focus on improving health services for women veterans, and streamlining and easing the transition process out of the military into the civilian world. He wants to ensure the VA’s implementation of a new electronic health record goes smoothly. Among other priorities, Bost stressed the importance of continuing to work to prevent suicide among veterans.

Health:

o Chair: Rep. Brownley (C-CA)

o Ranking Member: Rep. Bergman (R-MI)

Oversight and Investigations:

o Chair: Rep. Pappas (D-NH)

o Ranking Member: Rep. Mann (R-KS)

Technology Modernization:

o Chair: Rep. Mrvan (D-IN)

o Ranking Member: Rep. Rosendale (R-MT)

Disability Assistance and Memorial Affairs:

o Chair: Rep. Luria (D-VA)

o Ranking Member: Rep. Nehls (R-TX)

Economic Opportunity:

o Chair: Rep. Levin (D-CA)

o Ranking Member: Rep. Moore (R-AL)