I 
118TH CONGRESS 
1ST SESSION H. R. 2809 
To authorize an electronic health record modernization program of the De-
partment of Veterans Affairs and increase oversight and accountability 
of the program to better serve veterans, medical professionals of the 
Department, and taxpayers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 24, 2023 
Mr. TAKANO (for himself, Mr. BOST, Mrs. CHERFILUS-MCCORMICK, Mr. 
MRVAN, Mrs. DINGELL, Mr. LANDSMAN, Mrs. LEE of Nevada, Ms. 
SCHRIER, Mrs. RODGERS of Washington, and Mr. BALDERSON) intro-
duced the following bill; which was referred to the Committee on Vet-
erans’ Affairs, and in addition to the Committee on Armed Services, 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 com-
mittee concerned 
A BILL 
To authorize an electronic health record modernization pro-
gram of the Department of Veterans Affairs and increase 
oversight and accountability of the program to better 
serve veterans, medical professionals of the Department, 
and taxpayers, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Electronic Health Record Program Restructure, En-
hance, Strengthen, and Empower Technology Act of 
2023’’ or the ‘‘EHR Program RESET Act of 2023’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—PROGRAM ESTABLISHMENT, STRUCTURE, 
MANAGEMENT, AND OBJECTIVES 
Sec. 101. Establishment of electronic health record and health information 
technology modernization program and program office of De-
partment of Veterans Affairs. 
Sec. 102. Establishment of Department of Veterans Affairs advisory sub-
committee on electronic health record and health information 
technology modernization. 
TITLE II—DEPLOYMENT CRITERIA AND THRESHOLDS TO 
ADVANCE 
Sec. 201. Requirement to exceed or meet certain health care performance base-
line or national metrics for continuation of electronic health 
record modernization program of Department of Veterans Af-
fairs. 
Sec. 202. Requirements before continued deployment of new electronic health 
record by Department of Veterans Affairs at additional loca-
tions and facilities. 
Sec. 203. Sense of Congress on training and change management activities for 
deployment of new electronic health record. 
TITLE III—ENHANCED SUPPORT FOR HEALTH CARE AND OTHER 
FACILITIES DEPLOYING NEW ELECTRONIC HEALTH RECORD 
Sec. 301. Report on support to facilities for new electronic health record de-
ployment by Department of Veterans Affairs. 
Sec. 302. Modification of quarterly report to include information on system sta-
bility, satisfaction, morale, retention of staff, training, and 
change management with respect to new electronic health 
record of Department of Veterans Affairs. 
TITLE IV—CONTRACTING AND ACQUISITION OVERSIGHT AND 
REFORM 
Sec. 401. Termination of contract with Oracle Cerner for training and change 
management. 
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Sec. 402. Strengthening contract negotiation by Department of Veterans Af-
fairs with respect to new electronic health record and designa-
tion of lead contract negotiator. 
Sec. 403. Independent verification and validation of certain major moderniza-
tion efforts of Department of Veterans Affairs. 
Sec. 404. Annual report on efforts to maintain VistA electronic health record 
system. 
Sec. 405. Report on alternatives to current electronic health record technology 
and contract for Department of Veterans Affairs. 
Sec. 406. Report on leadership, acquisition, and contracting oversight lessons 
learned. 
Sec. 407. Report on contract savings, services provided at no cost to the De-
partment, and contract cost incurred with respect to Oracle- 
Cerner product. 
TITLE V—COORDINATION WITH DEPARTMENT OF DEFENSE 
Sec. 501. Quarterly reports on system uptime, modernization, and coordination 
activities for information technology systems and policies of 
Department of Defense affecting operations of Department of 
Veterans Affairs. 
Sec. 502. Coordination with Department of Defense regarding information 
technology programs, systems, and services. 
TITLE VI—OTHER MATTERS 
Sec. 601. Report on legislative action required. 
Sec. 602. Report on current and future State interoperability with legacy elec-
tronic health record, new electronic health record, and future 
potential electronic health record and other health information 
technology and exchanges. 
SEC. 2. DEFINITIONS. 
Except as otherwise provided, in this Act: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Veterans’ Affairs 
and the Committee on Appropriations of the 
Senate; and 
(B) the Committee on Veterans’ Affairs 
and the Committee on Appropriations of the 
House of Representatives. 
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(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Veterans Affairs. 
(3) DEPUTY SECRETARY.—The term ‘‘Deputy 
Secretary’’ means the Deputy Secretary of Veterans 
Affairs. 
(4) FOURTH MISSION.—The term ‘‘Fourth Mis-
sion’’ means the mission of the Department to im-
prove the preparedness of the United States for re-
sponse to war, terrorism, national emergency, and 
natural disaster. 
(5) MODERNIZATION; MODERNIZE.—The terms 
‘‘modernization’’ and ‘‘modernize’’, with respect to 
the electronic health record and other relevant 
health information technology systems of the De-
partment, means to replace, in whole or in part, 
overhaul, or upgrade such record or other system in 
a manner that gives such record or other system lon-
gevity and ability to constantly be updated to meet 
the needs of veterans, employees of the Department, 
and the Department. 
(6) NEW ELECTRONIC HEALTH RECORD.—The 
term ‘‘new electronic health record’’ means any elec-
tronic health record provided for the Department on 
or after the date of the enactment of this Act, in-
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cluding pursuant to a contract entered into by the 
Department. 
(7) ORACLE-CERNER
PRODUCT.—The term 
‘‘Oracle-Cerner product’’ means the product pro-
vided under the contract entered into by the Depart-
ment with Cerner pursuant to the electronic health 
record modernization program of the Department 
before the date of the enactment of this Act. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Veterans Affairs. 
(9) UNDER
SECRETARY.—The term ‘‘Under 
Secretary’’ means the Under Secretary for Health of 
the Department of Veterans Affairs. 
TITLE I—PROGRAM ESTABLISH-
MENT, STRUCTURE, MANAGE-
MENT, AND OBJECTIVES 
SEC. 
101. 
ESTABLISHMENT 
OF 
ELECTRONIC 
HEALTH 
RECORD AND HEALTH INFORMATION TECH-
NOLOGY MODERNIZATION PROGRAM AND 
PROGRAM OFFICE OF DEPARTMENT OF VET-
ERANS AFFAIRS. 
(a) ESTABLISHMENT OF PROGRAM.— 
(1) ESTABLISHMENT.—There is established 
within the Veterans Health Administration a pro-
gram to modernize the electronic health record and 
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other relevant health information technology systems 
of the Department (in this section referred to as the 
‘‘Program’’). 
(2) PURPOSE AND GOALS.—The purpose and 
goals of the Program are as follows: 
(A) To deliver an electronic health record, 
platform, and related systems that allow the 
Department to deliver, as measured by quantifi-
able industry and Department-specific metrics, 
improved standardized workflows and con-
sistent, quality health care to veterans through 
a modern, user-friendly, electronic health record 
and related systems that allow medical profes-
sionals of the Department to deliver health care 
to veterans safely. 
(B) To increase the productivity, effi-
ciency, retention, satisfaction, and experience of 
such medical professionals. 
(C) To improve veteran experience and 
health outcomes. 
(D) To improve quality and coordination of 
care, reduce unnecessary variation, and improve 
data management. 
(E) To maintain, strengthen, and expand 
the research and development activities of the 
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Department to include those activities required 
under title 38, United States Code. 
(F) To maintain and strengthen the ability 
of the Department to carry out Fourth Mission 
requirements, to include the requirements under 
title 38, United States Code. 
(G) To protect the health and other per-
sonal identifying information of veterans from 
being monetized, sold, or otherwise misused by 
any internal or external entity conducting work 
for, with, or on behalf of the Department. 
(H) To protect the health and other per-
sonal identifying information of veterans or 
other users of the electronic health record or 
other programs or services of the Department 
from cyber attacks, identity theft, and other 
cyber and security threats. 
(I) To deliver— 
(i) operational value to the Depart-
ment from the use of the electronic health 
record and related systems; 
(ii) business value and return on in-
vestment to the Department from improve-
ment to the electronic health record and 
related systems across all relevant do-
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mains, to include cyber and other security, 
business, and financial operations; and 
(iii) an evolving level of advanced 
interoperability of the electronic health 
record with the greatest number of elec-
tronic health record systems, platforms, 
services, and related interfaces in the Fed-
eral, private, nonprofit, and other relevant 
health sectors. 
(J) To develop health information tech-
nology modernization strategies and implemen-
tation plans that provide the Department with 
the most flexibility to continuously modernize 
the health information technology systems of 
the Department in an agile manner, not com-
mitted to any one particular vendor or vendors 
or technology solution or solutions, commonly 
known as ‘‘vendor lock’’, and respond to new 
trends in the health information technology in-
dustry in real time, allowing for relevant and 
appropriate integration with other health infor-
mation technology platforms and services. 
(K) To aggressively manage and monitor 
the implementation of all contracts and services 
procured by the Department related to such 
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electronic health record and related services to 
control cost, ensure best value, monitor, and 
evaluate delivery of the services procured in line 
with program goals and desired outcomes. 
(L) To carry out the purposes and goals 
described in subparagraphs (A) through (K) at 
the most effective short-, medium-, and long- 
term cost to the Federal Government using in-
dustry and government best practices so as to 
protect taxpayers. 
(M) Such other purposes or goals as deter-
mined— 
(i) pursuant to the report submitted 
under subsection (b)(6); or 
(ii) by the Secretary, the Deputy Sec-
retary, or the Under Secretary pursuant to 
a report submitted to the appropriate com-
mittees of Congress describing any new 
purpose or goal for the Program not later 
than 90 days after adding such purpose or 
goal to the Program. 
(b) ESTABLISHMENT
OF PROGRAM MANAGEMENT 
OFFICE.— 
(1) IN GENERAL.—There is established within 
the Veterans Health Administration the Electronic 
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Health Record and Health Information Technology 
Modernization Program Management Office (re-
ferred to in this section as the ‘‘Office’’). The Sec-
retary or the Deputy Secretary may rename the Of-
fice and upon renaming such office shall notify Con-
gress not later than 60 days after such renaming. 
(2) ORGANIZATIONAL LOCATION OF OFFICE.— 
(A) IN GENERAL.—The Under Secretary 
shall determine the appropriate organizational 
location within the Veterans Health Adminis-
tration for the Office so as to align responsibil-
ities within existing or newly formed clinical, 
patient safety, health informatics, finance, and 
other business operations of the Veterans 
Health Administration. 
(B) REORGANIZATION
OF
OFFICE.—The 
Secretary, the Deputy Secretary, and the Under 
Secretary may move or reorganize the organiza-
tional location of the Office only after notifying 
the appropriate committees of Congress not 
later than 90 days before such move or reorga-
nization. 
(3) LEADERSHIP AND STAFF.— 
(A) EXECUTIVE
DIRECTOR.—The Under 
Secretary shall establish a leader to be respon-
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sible for the Office, to be known as the ‘‘Execu-
tive Director of the Electronic Health Record 
and Health Information Technology Moderniza-
tion Program Management Office’’. 
(B) PROGRAM FUNCTIONAL CHAMPION.— 
(i) IN
GENERAL.—The Under Sec-
retary shall establish a Functional Cham-
pion of the Program who will serve with 
the Executive Director of the Office. 
(ii) DUTIES.—The duties of the Func-
tional Champion are— 
(I) to be the lead clinical execu-
tive to guide and address functional 
initiatives to support medical per-
sonnel of the Department in the de-
ployment of a new electronic health 
record and other health information 
technology products; and 
(II) to carry out such additional 
duties as the Under Secretary and the 
Executive Director of the Office may 
prescribe. 
(C) OTHER OFFICES AND POSITIONS.— 
(i) IN
GENERAL.—The Under Sec-
retary shall direct the establishment of var-
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ious other relevant sub-offices and posi-
tions for the Office as the Under Secretary 
considers necessary drawing upon best 
practices from the Department, the De-
partment of Defense, and other govern-
ment, private sector, and nonprofit models 
and develop an organizational model tai-
lored to the Department for business and 
management effectiveness. 
(ii) TYPES
OF
SUB-OFFICES.—At a 
minimum, within the Office there shall be 
offices dedicated to— 
(I) training; 
(II) change management; 
(III) communications; 
(IV) field support; 
(V) contract task order develop-
ment, monitoring, and oversight; 
(VI) metrics, performance, and 
value; and 
(VII) quality and safety. 
(iii) SENSE OF CONGRESS.—It is the 
sense of Congress that— 
(I) the Department should de-
velop a model under clause (i) that is 
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driven by best practices from govern-
ment and industry but not replicate 
for the sake of replication structures 
used by the Department of Defense or 
elsewhere that do not factor in the pa-
tient 
population, 
unique 
mission, 
Fourth Mission requirements, and re-
search requirements of the Depart-
ment, and other relevant factors; and 
(II) the structure of such model 
should be driven by the objectives of 
the Office and the desired end state to 
improve value and quality of care and 
health outcomes for veterans while im-
proving provider efficiency and pro-
ductivity and operations of the De-
partment. 
(4) FUNCTION AND DUTIES.— 
(A) FUNCTION.—The function of the Of-
fice shall be, with respect to all aspects of the 
modernization or replacement of the electronic 
health record and other key health information 
technology and services of the Department— 
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(i) to develop and execute strategy in 
coordination with relevant offices and enti-
ties of the Department; and 
(ii) to perform management, over-
sight, and accountability, including over all 
contracts, coordination, planning, manage-
ment, and implementation. 
(B) DUTIES.—The duties of the Office 
shall include the following: 
(i) Ensuring the Program delivers the 
tools medical professionals of the Depart-
ment need to safely deliver care to veterans 
while increasing productivity, satisfaction, 
and efficiency as measured by metrics. 
(ii) Organizing all of the relevant 
health, business, informatics, and related 
offices of the Veterans Health Administra-
tion to ensure a coordinated strategy re-
garding the new electronic health record 
and other current and future key health 
information technology and services of the 
Department. 
(iii) Coordinating with other offices 
and entities of the Department with key 
dependencies and responsibilities in the 
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success of the Program or operational 
needs for the services of the Program, in-
cluding the Office of Information and 
Technology, the Veterans Benefits Admin-
istration, and other relevant offices. 
(iv) Ensuring the stability and secu-
rity of the new electronic health record and 
other current and future key health infor-
mation technology and services of the De-
partment. 
(v) Oversight of work performed by 
contractors regarding such record, tech-
nology, and services. 
(vi) Developing a health information 
technology strategy of the Department— 
(I) to increase quality of care, 
health outcomes, and experience of 
care received by veterans; 
(II) to increase value to business 
and health operations of the Depart-
ment; 
(III) to enable the further re-
cruitment and retention of medical 
professionals; and 
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(IV) to coherently define how dis-
parate health information technology 
efforts of the Department can be 
aligned to deliver on that strategy 
with concrete goals, metrics, and out-
comes. 
(vii) Developing goals, key perform-
ance indicators, and metrics to evaluate 
such record, technology, and services, in-
cluding with respect to financial perform-
ance, provider productivity, and health per-
formance. 
(viii) Monitoring such goals, perform-
ance indicators, and metrics to develop ac-
tions for when such goals, performance in-
dicators, and metrics have not been met. 
(ix) Improvement of business oper-
ations of the Department relating to such 
record, technology, and services. 
(x) Such other matters as the Sec-
retary, the Deputy Secretary, or the Under 
Secretary consider appropriate. 
(5) REPORT ON ESTABLISHMENT OF OFFICE.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of the enactment of this Act, the 
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Deputy Secretary, the Under Secretary, and the 
Chief Information Officer of the Department 
shall submit to the appropriate committees of 
Congress a single report outlining the establish-
ment of the Office and its current strengths 
and weaknesses. 
(B) 
ELEMENTS.—The 
report 
required 
under subparagraph (A) shall include— 
(i) a clear articulation of the objective 
of the Program and how that objective is 
tied to the broader health information 
technology modernization strategy and 
health care mission of the Department, 
which shall include functional and tech-
nical quality standards to define success of 
the Program based on clear demonstration 
of improved health and business oper-
ational metrics; 
(ii) a strategy describing how tech-
nology procured by the Department shall 
be part of a comprehensive approach for 
using health information technology, mod-
els of care delivery, and research conducted 
by the Department to strengthen services 
for veterans and veteran engagement; 
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(iii) concrete steps for how the De-
partment will use internal and external re-
sources to operationalize the strategy 
under clause (ii) through technical and 
functional engineering expertise to stream-
line the organization and governance of the 
Office of Information and Technology, the 
Veterans Health Administration, and other 
relevant offices or entities of the Depart-
ment to enact that strategy; 
(iv) an assessment of the current and 
desired future state, with timelines to 
achieve such future state, of enterprise 
business and technical architecture, infor-
mation technology product consolidation 
and management, information technology 
governance, business and clinical process 
standardization and quality control of the 
Department and the steps that are or will 
be taken in response to that assessment, 
including a timeline for execution of those 
reforms; and 
(v) a description, as of the date of the 
report, of the current status of the objec-
tives of the Office, whether those objectives 
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are being met, and if they are not being 
met the steps the Department will take, in-
cluding a timeline, to achieve those objec-
tives. 
(c) DEPUTY CHIEF INFORMATION OFFICER
FOR 
ELECTRONIC HEALTH RECORD AND HEALTH INFORMA-
TION TECHNOLOGY.— 
(1) ESTABLISHMENT.—There is established 
within the Office of Information and Technology of 
the Department a Deputy Chief Information Officer 
for Electronic Health Record and Health Informa-
tion Technology who shall be accountable for all 
technical implementation of the modernization of the 
electronic health record and health information tech-
nology, in coordination with the Program and the 
Office. 
(2) RENAMING.—The Chief Information Officer 
of the Department may rename the position estab-
lished under paragraph (1) and upon renaming such 
position shall notify Congress not later than 90 days 
after such renaming. 
(3) CHAIN OF COMMAND.—The Deputy Chief 
Information Officer for Electronic Health Record 
and Health Information Technology of the Depart-
ment shall report to the Chief Information Officer 
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and the Assistant Secretary for Information and 
Technology of the Department. 
(4) DUTIES.—The Deputy Chief Information 
Officer for Electronic Health Record and Health In-
formation Technology of the Department shall be re-
sponsible for organizing all functions of the Office of 
Information and Technology of the Department to 
support the modernization of the electronic health 
record and health information technology of the De-
partment, including cyber security, system stability 
and uptime, system performance, and integration 
with relevant platforms, systems, and services, in-
cluding those of the Department of Defense and 
other Federal agencies. 
(5) ADDITIONAL GUIDANCE.—The Chief Infor-
mation Officer of the Department may provide addi-
tional or modified guidance for the role of Deputy 
Chief Information Officer for Electronic Health 
Record and Health Information Technology of the 
Department. 
(d) ADMINISTRATIVE MATTERS.— 
(1) ACCOUNTABILITY
AND
OVERSIGHT
FOR 
PROGRAM.—The Deputy Secretary shall be the ac-
countable official for the Program, oversee the Pro-
gram, and may direct resources, subject to appro-
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