II 

115TH CONGRESS 

1ST SESSION S. 2063 

To direct the Secretary of Veterans Affairs to submit to Congress certain 

documents relating to the Electronic Health Record Modernization Program of the Department of Veterans Affairs. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2017 

Mr. TESTER (for himself and Mr. BLUMENTHAL) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To direct the Secretary of Veterans Affairs to submit to 

Congress certain documents relating to the Electronic 

Health Record Modernization Program of the Department of Veterans Affairs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans’ Electronic 

5 Health Record Modernization Oversight Act of 2017’’. 


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1 SEC. 2. OVERSIGHT OF ELECTRONIC HEALTH RECORD 

2 MODERNIZATION PROGRAM. 

3 (a) PROGRAM DOCUMENTS.—Not later than 30 days 

4 after the date of the enactment of this Act, the Secretary 

5 of Veterans Affairs shall submit to the appropriate con6 gressional committees the following documents concerning 

7 the Electronic Health Record Modernization Program: 

8 (1) Integrated Master Plan. 

9 (2) Integrated Master Schedule. 

10 (3) Program Management Plan. 

11 (4) Annual and lifecycle cost estimates, includ12 ing, at a minimum, cost elements relating to— 

13 (A) Federal Government labor; 

14 (B) contractor labor; 

15 (C) hardware; 

16 (D) software; and 

17 (E) testing and evaluation. 

18 (5) Cost baseline. 

19 (6) Risk Management Plan. 

20 (7) Health IT Strategic Architecture Plan. 

21 (8) Transition Plan for implementing updated 

22 architecture. 

23 (9) Data Migration Plan. 

24 (10) System and Data Security Plan. 

25 (11) Application Implementation Plan. 

26 (12) System Design Documents. 


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1 (13) Legacy Veterans Information Systems and 

2 Technology Architecture Standardization, Security 

3 Enhancement, and Consolidation Project Plan. 

4 (14) Health Data Interoperability Management 

5 Plan. 

6 (15) Community Care Vision and Implementa7 tion Plan, including milestones and a detailed de8 scription of how complete interoperability with non9 Department health care providers will be achieved. 

10 (b) QUARTERLY UPDATES.—Not later than 30 days 

11 after the end of each fiscal quarter during the period be12 ginning with the fiscal quarter in which this Act is enacted 

13 and ending on the date on which the Electronic Health 

14 Record Modernization Program is completed, the Sec15 retary shall submit to the appropriate congressional com16 mittees the most recent updated versions, if any exist, of 

17 the following documents: 

18 (1) Integrated Master Schedule. 

19 (2) Program Management Plan, including any 

20 written Program Management Review material de21 veloped for the Program Management Plan during 

22 the fiscal quarter covered by the submission. 

23 (3) Each document described in section (a)(4). 

24 (4) Performance Baseline Report for the fiscal 

25 quarter covered by the submission or for the fiscal 


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1 quarter ending the fiscal year prior to the submis2 sion. 

3 (5) Budget Reconciliation Report. 

4 (6) Risk Management Plan and Risk Register. 

5 (c) CONTRACTS.—Not later than five days after 

6 awarding a contract, order, or agreement, including any 

7 modifications thereto, under the Electronic Health Record 

8 Modernization Program, the Secretary shall submit to the 

9 appropriate congressional committees a copy of the entire 

10 such contract, order, agreement, or modification. 

11 (d) NOTIFICATION.— 

12 (1) REQUIREMENT.—Not later than 10 days 

13 after an event described in paragraph (2) occurs, the 

14 Secretary shall notify the appropriate congressional 

15 committees of such occurrence, including a descrip16 tion of the event and an explanation for why such 

17 event occurred. 

18 (2) EVENT DESCRIBED.—An event described in 

19 this paragraph is any of the following events regard20 ing the Electronic Health Record Modernization 

21 Program: 

22 (A) The delay of any milestone or deliver23 able by 30 or more days. 

24 (B) A request for equitable adjustment, eq25 uitable adjustment, or change order exceeding 


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1 $1,000,000 (as such terms are defined in the 

2 Federal Acquisition Regulation). 

3 (C) The submission of any protest, claim, 

4 or dispute, and the resolution of any protest, 

5 claim, or dispute (as such terms are defined in 

6 the Federal Acquisition Regulation). 

7 (D) A loss of clinical or other data. 

8 (E) A breach of patient privacy, including 

9 any— 

10 (i) disclosure of protected health in11 formation that is not permitted under reg12 ulations promulgated under section 264(c) 

13 of the Health Insurance Portability and 

14 Accountability Act of 1996 (Public Law 

15 104–191; 42 U.S.C. 1320d–2 note); and 

16 (ii) breach of sensitive personal infor17 mation (as defined in section 5727 of title 

18 38, United States Code). 

19 (e) DEFINITIONS.—In this section: 

20 (1) The term ‘‘appropriate congressional com21 mittees’’ means— 

22 (A) the Committees on Veterans’ Affairs of 

23 the House of Representatives and the Senate; 

24 and 


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1 (B) the Committees on Appropriations of 

2 the House of Representatives and the Senate. 

3 (2) The term ‘‘Electronic Health Record Mod4 ernization Program’’ means— 

5 (A) any activities by the Department of 

6 Veterans Affairs to procure or implement an 

7 electronic health or medical record system to re8 place any or all of the Veterans Information 

9 Systems and Technology Architecture, the Com10 puterized Patient Record System, the Joint 

11 Legacy Viewer, or the Enterprise Health Man12 agement Platform; and 

13 (B) any contracts or agreements entered 

14 into by the Secretary of Veterans Affairs to 

15 carry out, support, or analyze the activities 

16 under subparagraph (A). 

Æ 


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