I 

112TH CONGRESS 

1ST SESSION H. R. 2470 

To improve the electronic health information systems and capabilities of 

the Department of Defense and the Department of Veterans Affairs. 

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 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 ‘‘Ensuring 

5 Servicemembers’ Electronic Records’ Viability Act’’ or the 

6 ‘‘E-SERV Act’’. 


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1 SEC. 2. DEPARTMENT OF DEFENSE-DEPARTMENT OF VET2 ERANS AFFAIRS INTERAGENCY PROGRAM OF3 FICE. 

4 (a) PURPOSE OF OFFICE.—Section 1635(b)(2)(A) of 

5 the Wounded Warrior Act (title XVI of Public Law 110– 

6 181; 10 U.S.C. 1071 note) is amended to read as follows: 

7 ‘‘(A) To— 

8 ‘‘(i) act as a single point of account9 ability and authority for the Department of 

10 Defense and the Department of Veterans 

11 Affairs in the rapid development and im12 plementation of electronic health record 

13 systems or capabilities that allow for full 

14 interoperability of personal health care in15 formation between the Department of De16 fense and the Department of Veterans Af17 fairs; and 

18 ‘‘(ii) be the single program office of 

19 the Department of Defense and the De20 partment of Veterans Affairs that is re21 sponsible for the development, implementa22 tion, and sustainment of all electronic 

23 health record systems and capabilities.’’. 

24 (b) LEADERSHIP OF OFFICE.—Section 1635(c) of 

25 such Act is amended by adding at the end the following: 

26 ‘‘(6) SUPERVISION OF DIRECTOR.— 


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1 ‘‘(A) Except as provided by subparagraph 

2 (B), the Director shall report directly to the 

3 Secretary of Defense and the Secretary of Vet4 erans Affairs without the interposition of any 

5 other supervising official. Each Secretary shall 

6 be responsible for one-half of any performance 

7 review of the Director. 

8 ‘‘(B) The Secretaries may jointly delegate 

9 supervision described in subparagraph (A) to an 

10 official of the Department of Defense and to an 

11 official of the Department of Veterans Affairs 

12 at a level not lower than Deputy Secretary.’’. 

13 (c) FUNCTION.—Section 1635(d) of such Act is 

14 amended to read as follows: 

15 ‘‘(d) FUNCTION.— 

16 ‘‘(1) IN GENERAL.—The function of the Office 

17 shall be to develop, implement, and sustain elec18 tronic health record systems and capabilities for the 

19 Department of Defense and the Department of Vet20 erans Affairs. Such systems shall— 

21 ‘‘(A) allow for full interoperability of per22 sonal health care information between the De23 partments; 


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1 ‘‘(B) to the extent practicable, consist of a 

2 seamless, integrated process that addresses the 

3 unique needs of each Department; and 

4 ‘‘(C) ensure that health records comply 

5 with applicable interoperability standards, im6 plementation specifications, and certification 

7 criteria (including for the reporting of quality 

8 measures) of the Federal Government. 

9 ‘‘(2) SOLE RESPONSIBLE OFFICE.—The Office 

10 shall— 

11 ‘‘(A) be the only office of the Department 

12 of Defense and the Department of Veterans Af13 fairs responsible for electronic health record ca14 pabilities, including any such capabilities exist15 ing before January 16, 2008; and 

16 ‘‘(B) represent each Department to other 

17 departments and agencies of the Federal Gov18 ernment and to Congress with respect to activi19 ties regarding the electronic health record sys20 tems capabilities of the Departments. 

21 ‘‘(3) PROGRAMMING AND BUDGETING AUTHOR22 ITY.— 

23 ‘‘(A) The Office shall carry out planning, 

24 programming, budgeting, and execution activi25 ties required to carry out the functions deVerDate Mar 15 2010 03:02 Jul 09, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2470.IH H2470

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1 scribed in paragraph (1), including activities re2 lated to the design, development, testing, acqui3 sition, implementation, and sustainment of elec4 tronic health record systems and capabilities. 

5 ‘‘(B) In the budget materials submitted to 

6 the President by the Secretary of Defense and 

7 the Secretary of Veterans Affairs in connection 

8 with the submission to Congress, pursuant to 

9 section 1105 of title 31, United States Code, of 

10 the budget for fiscal year 2013, and each subse11 quent fiscal year, each Secretary shall ensure 

12 that the Office is listed as a separate, dedicated 

13 budget line.’’. 

14 (d) STAFF.—Section 1635(g) of such Act is amended 

15 by adding at the end the following: 

16 ‘‘(3) SUPERVISION.—Personnel assigned to the 

17 Office under paragraph (1) and other personnel of 

18 the Department of Defense and the Department of 

19 Veterans Affairs who are assigned to electronic 

20 health record initiatives shall be under the direction 

21 of the Director. 

22 ‘‘(4) REQUEST FOR RESOURCES.—The Sec23 retary of Defense and the Secretary of Veterans Af24 fairs shall furnish to the Director resources reVerDate Mar 15 2010 03:02 Jul 09, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2470.IH H2470

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1 quested by the Director to carry out this section, to 

2 the extent practicable.’’. 

3 (e) CONFORMING AMENDMENT.—Section 1635 of 

4 such Act is amended by striking ‘‘subsection (d)’’ and in5 serting ‘‘subsection (d)(1)’’ each place it appears. 

6 (f) IMPLEMENTATION.—Of the funds authorized to 

7 be appropriated for each of fiscal years 2012 and 2013 

8 to carry out the interagency program office of the Depart9 ment of Defense and the Department of Veterans Affairs 

10 established under section 1635 of the Wounded Warrior 

11 Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 

12 note), not more than 10 percent may be obligated or ex13 pended until the date on which the Secretary of Defense 

14 and the Secretary of Veterans Affairs jointly certify to 

15 Congress that the amendments made by subsections (a) 

16 through (d) have been implemented. 

Æ 


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