To improve the electronic health information systems and capabilities of the Department of Defense and the Department of Veterans Affairs.

Summary: Ensuring Servicemembers' Electronic Records' Viability Act or the E-SERV Act - Amends the Wounded Warrior Act to make the interagency program office of the Department of Defense (DOD) and the Department of Veterans Affairs (VA) established by such Act the single: (1) point of accountability and authority (currently, accountability only) for the DOD and VA in the development and implementation of electronic health record systems or capabilities (including capabilities existing before January 16, 2008) that allow for full interoperability of personal health care information between such agencies; and (2) program office of such Departments that is responsible for the development, implementation, and sustainment of all electronic health record systems and capabilities.

Requires: (1) the Director of such office to report directly to the DOD and VA Secretaries (or a jointly delegated official of each Department not lower than Deputy Secretary) without interposition of any other supervising official, and (2) the office to carry out the programming and budgeting of such activities.

SECTION 1. SHORT TITLE.

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

SEC. 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.