I 112th CONGRESS 1st Session H. R. 2470 IN THE HOUSE OF REPRESENTATIVES July 8, 2011 Mr. Donnelly of Indiana introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve the electronic health information systems and capabilities of the Department of Defense and the Department of Veterans Affairs.

1.

Short title

This Act may be cited as the Ensuring Servicemembers’ Electronic Records’ Viability Act or the E-SERV Act.

2.

Department of Defense-Department of Veterans Affairs Interagency Program Office

(a)

Purpose of office

Section 1635(b)(2)(A) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note) is amended to read as follows: (A)To— (i)act as a single point of accountability and authority for the Department of Defense and the Department of Veterans Affairs in the rapid development and implementation of electronic health record systems or capabilities that allow for full interoperability of personal health care information between the Department of Defense and the Department of Veterans Affairs; and (ii)be the single program office of the Department of Defense and the Department of Veterans Affairs that is responsible for the development, implementation, and sustainment of all electronic health record systems and capabilities. . (b)

Leadership of office

Section 1635(c) of such Act is amended by adding at the end the following: (6)

Supervision of Director

(A)Except as provided by subparagraph (B), the Director shall report directly to the Secretary of Defense and the Secretary of Veterans Affairs without the interposition of any other supervising official. Each Secretary shall be responsible for one-half of any performance review of the Director. (B)The Secretaries may jointly delegate supervision described in subparagraph (A) to an official of the Department of Defense and to an official of the Department of Veterans Affairs at a level not lower than Deputy Secretary. . (c)

Function

Section 1635(d) of such Act is amended to read as follows: (d)

Function

(1)

In general

The function of the Office shall be to develop, implement, and sustain electronic health record systems and capabilities for the Department of Defense and the Department of Veterans Affairs. Such systems shall— (A)allow for full interoperability of personal health care information between the Departments; (B)to the extent practicable, consist of a seamless, integrated process that addresses the unique needs of each Department; and (C)ensure that health records comply with applicable interoperability standards, implementation specifications, and certification criteria (including for the reporting of quality measures) of the Federal Government. (2)

Sole responsible office

The Office shall— (A)be the only office of the Department of Defense and the Department of Veterans Affairs responsible for electronic health record capabilities, including any such capabilities existing before January 16, 2008; and (B)represent each Department to other departments and agencies of the Federal Government and to Congress with respect to activities regarding the electronic health record systems capabilities of the Departments. (3)

Programming and budgeting authority

(A)The Office shall carry out planning, programming, budgeting, and execution activities required to carry out the functions described in paragraph (1), including activities related to the design, development, testing, acquisition, implementation, and sustainment of electronic health record systems and capabilities. (B)In the budget materials submitted to the President by the Secretary of Defense and the Secretary of Veterans Affairs in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2013, and each subsequent fiscal year, each Secretary shall ensure that the Office is listed as a separate, dedicated budget line. . (d)

Staff

Section 1635(g) of such Act is amended by adding at the end the following: (3)

Supervision

Personnel assigned to the Office under paragraph (1) and other personnel of the Department of Defense and the Department of Veterans Affairs who are assigned to electronic health record initiatives shall be under the direction of the Director. (4)

Request for resources

The Secretary of Defense and the Secretary of Veterans Affairs shall furnish to the Director resources requested by the Director to carry out this section, to the extent practicable. . (e)

Conforming amendment

Section 1635 of such Act is amended by striking subsection (d) and inserting subsection (d)(1) each place it appears. (f)

Implementation

Of the funds authorized to be appropriated for each of fiscal years 2012 and 2013 to carry out the interagency program office of the Department of Defense and the Department of Veterans Affairs established under section 1635 of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note), not more than 10 percent may be obligated or expended until the date on which the Secretary of Defense and the Secretary of Veterans Affairs jointly certify to Congress that the amendments made by subsections (a) through (d) have been implemented.