II 

117TH CONGRESS 

1ST SESSION S. 3341 

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

reports on the costs, performance metrics, and outcomes of the Department of Veterans Affairs Electronic Health Record Modernization program. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2021 

Mr. MORAN (for himself, Mr. TESTER, Mr. BOOZMAN, Mr. CASSIDY, Mr. 

ROUNDS, Mr. TILLIS, Mr. SULLIVAN, Mrs. BLACKBURN, Mr. CRAMER, 

Mr. BRAUN, Ms. SINEMA, Ms. HASSAN, Mr. BROWN, Mr. BLUMENTHAL, 

Mrs. MURRAY, Ms. HIRONO, and Mr. MANCHIN) 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 periodic reports on the costs, performance 

metrics, and outcomes of the Department of Veterans 

Affairs Electronic Health Record Modernization program. 

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 ‘‘VA Electronic Health 

5 Record Transparency Act of 2021’’. 


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1 SEC. 2. REPORTS ON COSTS, PERFORMANCE METRICS, AND 

2 OUTCOMES OF DEPARTMENT OF VETERANS 

3 AFFAIRS ELECTRONIC HEALTH RECORD 

4 MODERNIZATION PROGRAM. 

5 (a) IN GENERAL.—Section 503 of the Veterans Bene6 fits and Transition Act of 2018 (Public Law 115–407; 38 

7 U.S.C. 5701 note prec.) is amended— 

8 (1) by redesignating subsection (e) as sub9 section (f); 

10 (2) by inserting after subsection (d) the fol11 lowing new subsection (e): 

12 ‘‘(e) QUARTERLY REPORTS.— 

13 ‘‘(1) REPORTS ON COSTS OF PROGRAM.— 

14 ‘‘(A) IN GENERAL.—Not later than 90 

15 days after the date of the enactment of the VA 

16 Electronic Health Record Transparency Act of 

17 2021, and not later than the date that is 30 

18 days after the last day of each fiscal quarter 

19 thereafter until the termination date specified 

20 in paragraph (3), the Secretary shall submit to 

21 the appropriate congressional committees a re22 port on the costs of the Electronic Health 

23 Record Modernization Program. 

24 ‘‘(B) ELEMENTS.—Each report under sub25 paragraph (A) shall include, for the period cov26 ered by the report and for the total period beVerDate Sep 11 2014 00:50 Dec 14, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3341.IS S3341

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1 ginning on the date of the enactment of the VA 

2 Electronic Health Record Transparency Act of 

3 2021 and ending on the date of the submittal 

4 of the report, a description of all actual ex5 penses of, and driven by, the Electronic Health 

6 Record Modernization Program, including any 

7 such expenses paid using— 

8 ‘‘(i) any funds appropriated for the 

9 Department of Veterans Affairs, for any 

10 source or account, expended by any organi11 zational element of the Department or by 

12 the Federal Electronic Health Record 

13 Modernization Office for the Electronic 

14 Health Record Modernization Program; 

15 ‘‘(ii) any funds, from any source or 

16 account, expended by any organizational 

17 element of the Department for physical or 

18 technology infrastructure modifications, 

19 enhancements, improvements, or expan20 sions at a facility of the Department neces21 sitated by, or related or pertaining to, the 

22 Electronic Health Record Modernization 

23 Program; and 

24 ‘‘(iii) any funds, from any source or 

25 account, expended by any organizational 


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1 element of the Department or by the Fed2 eral Electronic Health Record Moderniza3 tion Office for consultants, support con4 tractors, or experts related or pertaining to 

5 the Electronic Health Record Moderniza6 tion Program. 

7 ‘‘(2) REPORTS ON PERFORMANCE METRICS AND

8 OUTCOMES.— 

9 ‘‘(A) IN GENERAL.—Not later than 90 

10 days after the date of the enactment of the VA 

11 Electronic Health Record Transparency Act of 

12 2021, and not later than the date that is 30 

13 days after the last day of each fiscal quarter 

14 thereafter until the termination date specified 

15 in paragraph (3), the Secretary shall submit to 

16 the appropriate congressional committees a re17 port on the performance metrics and outcomes 

18 of the Electronic Health Record Modernization 

19 Program. 

20 ‘‘(B) ELEMENTS.—Each report under sub21 paragraph (A) shall include, for the period cov22 ered by the report— 

23 ‘‘(i) a list of the quality, performance, 

24 safety, or value metrics, key performance 

25 indicators, and other diagnostic or evaluaVerDate Sep 11 2014 00:50 Dec 14, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3341.IS S3341

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1 tion criteria in use to assess the Electronic 

2 Health Record Modernization Program 

3 and the electronic health record system, in 

4 general and at individual facilities, with re5 spect to veterans, employees of the Depart6 ment, and operations of the Department; 

7 ‘‘(ii) an explanation of any change to 

8 any of such metrics, indicators, and cri9 teria compared to the metrics, indicators, 

10 and criteria included in any previous re11 port submitted under subparagraph (A); 

12 ‘‘(iii) the data supporting or dem13 onstrating each such metric, indicator, and 

14 criteria compared to the data supporting 

15 or demonstrating such metric, indicator, or 

16 criteria as included in the previous report 

17 submitted under subparagraph (A); and 

18 ‘‘(iv) a list of patient safety reports, 

19 incidents, alerts, or disclosures at each fa20 cility of the Department where the elec21 tronic health record system has been im22 plemented. 

23 ‘‘(3) TERMINATION DATE.—The requirements 

24 to submit reports under paragraphs (1) and (2) 

25 shall terminate on the date that is 90 days after the 


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1 date on which the Secretary submits to the appro2 priate congressional committees a certification that 

3 the Electronic Health Record Modernization Pro4 gram has been fully implemented.’’; and 

5 (3) in subsection (f), as redesignated by para6 graph (1), by adding at the end the following new 

7 paragraphs: 

8 ‘‘(3) The term ‘electronic health record system’ 

9 means the electronic health record system imple10 mented pursuant to the Electronic Health Record 

11 Modernization Program. 

12 ‘‘(4) The term ‘facility of the Department’ in13 cludes a joint facility of the Department of Veterans 

14 Affairs and the Department of Defense. 

15 ‘‘(5) The term ‘Federal Electronic Health 

16 Record Modernization Office’ means the office estab17 lished under section 1635(b) of the Wounded War18 rior Act (title XVI of Public Law 110–181; 10 

19 U.S.C. 1071 note).’’. 

Æ 


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