[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 109 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 109

    To amend title 38, United States Code, to establish an advisory 
 committee on the implementation by the Department of Veterans Affairs 
                    of an electronic health record.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2021

Mr. Hudson (for himself and Mr. Ruppersberger) introduced the following 
     bill; which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend title 38, United States Code, to establish an advisory 
 committee on the implementation by the Department of Veterans Affairs 
                    of an electronic health record.

    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 ``Department of Veterans Affairs 
Electronic Health Record Advisory Committee Act''.

SEC. 2. ESTABLISHMENT OF ADVISORY COMMITTEE ON IMPLEMENTATION OF 
              ELECTRONIC HEALTH RECORD.

    (a) In General.--Subchapter II of chapter 73 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 7330D. Electronic Health Record Advisory Committee
    ``(a) Establishment.--Not later than 180 days after the date of the 
enactment of this section, the Secretary shall establish the Electronic 
Health Record Advisory Committee (referred to in this section as the 
`Committee') to provide guidance to the Secretary and Congress 
regarding the implementation of and transition to an electronic health 
record system of the Department.
    ``(b) Membership.--(1) The Committee shall be composed of 11 
members appointed by the Secretary as follows:
            ``(A) One physician.
            ``(B) One nurse.
            ``(C) One individual with expertise in clinical support.
            ``(D) One individual with expertise in medical business and 
        administration who is or was in an executive management 
        position at an organization that provides inpatient and 
        outpatient care.
            ``(E) Two information technology developers.
            ``(F) Two individuals with expertise in health care 
        information technology change management.
            ``(G) One interoperability specialist.
            ``(H) Two individuals who are members of a veterans service 
        organization and are enrolled in the system of annual patient 
        enrollment of the Department established and operated under 
        section 1705 of this title.
    ``(2) No member of the Committee may--
            ``(A) be an employee of the Federal Government;
            ``(B) have worked during the two-year period before joining 
        the Committee for any company contracted or subcontracted to 
        the Department, the Department of Defense, the Department of 
        State, the Department of Health and Human Services, or the 
        Department of Homeland Security for the delivery of any 
        electronic health record or interoperability software; or
            ``(C) have provided during the two-year period before 
        joining the Committee any consulting or project management 
        services relating to the delivery of any electronic health 
        record or interoperability software for any of the Federal 
        agencies specified in subparagraph (B).
    ``(3) No individual who was involved in the procurement of an 
electronic health record for the Department, or privy to contract 
information relating to such procurement, may be a member of the 
Committee.
    ``(4)(A) A term for a member of the Committee shall be two years 
and a member may not serve more than three consecutive terms.
    ``(B) Initial members, at the election of the Secretary, may be 
appointed for one or two terms, with six members appointed for two 
terms and five members appointed for one term.
    ``(C) Any vacancy in the Committee shall be filled by the Secretary 
in the same manner as the original appointment and not later than 180 
days after the occurrence of the vacancy.
    ``(c) Chairperson and Vice Chairperson.--The Committee shall select 
a Chairperson and Vice Chairperson from among the members of the 
Committee.
    ``(d) Duties.--The Committee shall carry out the following duties:
            ``(1) Analyze the priorities and plans of the Department 
        for implementing the electronic health record of the Department 
        and provide advice on the best strategies to achieve those 
        priorities and plans.
            ``(2) Conduct a risk identification analysis and develop 
        recommendations to best mitigate the most prominent risks.
            ``(3) Conduct periodic, informal evaluations of the 
        implementation of the electronic health record and suggest 
        recommendations for such implementation.
            ``(4) Tour facilities of the Department as those facilities 
        begin use of the electronic health record to analyze 
        implementation, including soliciting feedback from employees of 
        the Department.
            ``(5) Ensure the voices of stakeholders, veterans, and 
        other participants in the transition process to the electronic 
        health record are elevated.
    ``(e) Initial Meeting.--(1) Not later than 90 days after the 
establishment of the Committee, the Committee shall hold the initial 
meeting of the Committee.
    ``(2) The initial meeting under paragraph (1) may be conducted 
either in person or via telephone conference.
    ``(f) Meetings, Hearings, and Subcommittees.--(1) After the initial 
meeting under subsection (e), the Committee shall meet at the call of 
the Chairperson, not less frequently than monthly. Each such meeting 
may be conducted via telephone conference.
    ``(2) The Committee shall meet with the Secretary in person, or a 
designee of the Secretary, not less frequently than twice each year.
    ``(3) A majority of the members of the Committee shall constitute a 
quorum, but a lesser number of members may hold hearings.
    ``(4)(A) The Committee may establish subcommittees that report to 
the Committee to enhance the function of the Committee.
    ``(B) Any subcommittee established under subparagraph (A) may not 
supersede the authority of the Committee or provide direct advice or 
work products to the Department.
    ``(C) The Inspector General of the Department and the Comptroller 
General of the United States, or a designee of the Inspector General 
and the Comptroller General, may attend any meeting of the Committee as 
observers, including the initial meeting under subsection (e), 
regardless of whether the meeting is open to the public.
    ``(g) Reports.--(1) The Committee shall submit to the Secretary, 
the Committee on Veterans' Affairs of the Senate, and the Committee on 
Veterans' Affairs of the House of Representatives an annual report on 
the activities of the Committee during the year covered by the report 
that includes recommendations for activities of the Committee during 
the following year.
    ``(2) Not later than 90 days after receiving the report submitted 
under paragraph (1), the Secretary shall submit to the Committee, the 
Committee on Veterans' Affairs of the Senate, and the Committee on 
Veterans' Affairs of the House of Representatives a written response 
addressing any recommendations or questions raised by the Committee in 
such report.
    ``(3) Not less frequently than twice each year during the first two 
years following the establishment of the Committee, and as the 
Committee determines necessary thereafter, the Committee shall submit 
to the Committee on Veterans' Affairs of the Senate and the Committee 
on Veterans' Affairs of the House of Representatives such 
recommendations for legislative or administrative actions relating to 
the work of the Committee as the Committee considers appropriate.
    ``(h) Pay and Reimbursement for Travel Expenses.--(1) Members of 
the Committee shall serve without pay.
    ``(2) A member of the Committee shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their home or regular places of 
business in the performance of services for the Committee.
    ``(i) Information From Contractors.--On and after the date of the 
enactment of this section, the Secretary shall include in any contract 
or contract renewal entered into with a person working on the 
electronic health record of the Department that is not part of the 
Federal Government a provision requiring that the person provide to the 
Committee, upon request by the Committee, records relating to the work 
of the person on the electronic health record.
    ``(j) Veterans Service Organization Defined.--In this section, the 
term `veterans service organization' means an organization recognized 
by the Secretary for the representation of veterans under section 5902 
of title 38, United States Code.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 73 of such title is amended by inserting after the item 
relating to section 7330C the following new item:

``7330D. Electronic Health Record Advisory Committee.''.
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