I 
117TH CONGRESS 
1ST SESSION 
H. R. 109 
To amend title 38, United States Code, to establish an advisory committee 
on the implementation by the Department of Veterans Affairs of an 
electronic health record. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2021 
Mr. HUDSON (for himself and Mr. RUPPERSBERGER) introduced the following 
bill; which was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to establish an 
advisory committee on the implementation by the Depart-
ment of Veterans Affairs of an electronic health record. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Vet-
erans Affairs Electronic Health Record Advisory Com-
mittee Act’’. 
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SEC. 2. ESTABLISHMENT OF ADVISORY COMMITTEE ON IM-
PLEMENTATION OF ELECTRONIC HEALTH 
RECORD. 
(a) IN GENERAL.—Subchapter II of chapter 73 of 
title 38, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 7330D. Electronic Health Record Advisory Com-
mittee 
‘‘(a) ESTABLISHMENT.—Not later than 180 days 
after the date of the enactment of this section, the Sec-
retary shall establish the Electronic Health Record Advi-
sory Committee (referred to in this section as the ‘Com-
mittee’) to provide guidance to the Secretary and Congress 
regarding the implementation of and transition to an elec-
tronic health record system of the Department. 
‘‘(b) MEMBERSHIP.—(1) The Committee shall be 
composed of 11 members appointed by the Secretary as 
follows: 
‘‘(A) One physician. 
‘‘(B) One nurse. 
‘‘(C) One individual with expertise in clinical 
support. 
‘‘(D) One individual with expertise in medical 
business and administration who is or was in an ex-
ecutive management position at an organization that 
provides inpatient and outpatient care. 
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‘‘(E) Two information technology developers. 
‘‘(F) Two individuals with expertise in health 
care information technology change management. 
‘‘(G) One interoperability specialist. 
‘‘(H) Two individuals who are members of a 
veterans service organization and are enrolled in the 
system of annual patient enrollment of the Depart-
ment established and operated under section 1705 of 
this title. 
‘‘(2) No member of the Committee may— 
‘‘(A) be an employee of the Federal Govern-
ment; 
‘‘(B) have worked during the two-year period 
before joining the Committee for any company con-
tracted or subcontracted to the Department, the De-
partment of Defense, the Department of State, the 
Department of Health and Human Services, or the 
Department of Homeland Security for the delivery 
of any electronic health record or interoperability 
software; or 
‘‘(C) have provided during the two-year period 
before joining the Committee any consulting or 
project management services relating to the delivery 
of any electronic health record or interoperability 
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software for any of the Federal agencies specified in 
subparagraph (B). 
‘‘(3) No individual who was involved in the procure-
ment of an electronic health record for the Department, 
or privy to contract information relating to such procure-
ment, may be a member of the Committee. 
‘‘(4)(A) A term for a member of the Committee shall 
be two years and a member may not serve more than three 
consecutive terms. 
‘‘(B) Initial members, at the election of the Secretary, 
may be appointed for one or two terms, with six members 
appointed for two terms and five members appointed for 
one term. 
‘‘(C) Any vacancy in the Committee shall be filled by 
the Secretary in the same manner as the original appoint-
ment and not later than 180 days after the occurrence 
of the vacancy. 
‘‘(c) CHAIRPERSON AND VICE CHAIRPERSON.—The 
Committee shall select a Chairperson and Vice Chair-
person from among the members of the Committee. 
‘‘(d) DUTIES.—The Committee shall carry out the 
following duties: 
‘‘(1) Analyze the priorities and plans of the De-
partment for implementing the electronic health 
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record of the Department and provide advice on the 
best strategies to achieve those priorities and plans. 
‘‘(2) Conduct a risk identification analysis and 
develop recommendations to best mitigate the most 
prominent risks. 
‘‘(3) Conduct periodic, informal evaluations of 
the implementation of the electronic health record 
and suggest recommendations for such implementa-
tion. 
‘‘(4) Tour facilities of the Department as those 
facilities begin use of the electronic health record to 
analyze implementation, including soliciting feedback 
from employees of the Department. 
‘‘(5) Ensure the voices of stakeholders, vet-
erans, and other participants in the transition proc-
ess to the electronic health record are elevated. 
‘‘(e) INITIAL MEETING.—(1) Not later than 90 days 
after the establishment of the Committee, the Committee 
shall hold the initial meeting of the Committee. 
‘‘(2) The initial meeting under paragraph (1) may be 
conducted either in person or via telephone conference. 
‘‘(f) MEETINGS, HEARINGS, AND SUBCOMMITTEES.— 
(1) After the initial meeting under subsection (e), the 
Committee shall meet at the call of the Chairperson, not 
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less frequently than monthly. Each such meeting may be 
conducted via telephone conference. 
‘‘(2) The Committee shall meet with the Secretary 
in person, or a designee of the Secretary, not less fre-
quently than twice each year. 
‘‘(3) A majority of the members of the Committee 
shall constitute a quorum, but a lesser number of members 
may hold hearings. 
‘‘(4)(A) The Committee may establish subcommittees 
that report to the Committee to enhance the function of 
the Committee. 
‘‘(B) Any subcommittee established under subpara-
graph (A) may not supersede the authority of the Com-
mittee or provide direct advice or work products to the 
Department. 
‘‘(C) The Inspector General of the Department and 
the Comptroller General of the United States, or a des-
ignee of the Inspector General and the Comptroller Gen-
eral, may attend any meeting of the Committee as observ-
ers, including the initial meeting under subsection (e), re-
gardless of whether the meeting is open to the public. 
‘‘(g) REPORTS.—(1) The Committee shall submit to 
the Secretary, the Committee on Veterans’ Affairs of the 
Senate, and the Committee on Veterans’ Affairs of the 
House of Representatives an annual report on the activi-
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ties of the Committee during the year covered by the re-
port that includes recommendations for activities of the 
Committee during the following year. 
‘‘(2) Not later than 90 days after receiving the report 
submitted under paragraph (1), the Secretary shall submit 
to the Committee, the Committee on Veterans’ Affairs of 
the Senate, and the Committee on Veterans’ Affairs of the 
House of Representatives a written response addressing 
any recommendations or questions raised by the Com-
mittee in such report. 
‘‘(3) Not less frequently than twice each year during 
the first two years following the establishment of the Com-
mittee, and as the Committee determines necessary there-
after, the Committee shall submit to the Committee on 
Veterans’ Affairs of the Senate and the Committee on Vet-
erans’ Affairs of the House of Representatives such rec-
ommendations for legislative or administrative actions re-
lating to the work of the Committee as the Committee con-
siders appropriate. 
‘‘(h) PAY AND REIMBURSEMENT FOR TRAVEL EX-
PENSES.—(1) Members of the Committee shall serve with-
out pay. 
‘‘(2) A member of the Committee shall be allowed 
travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under sub-
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chapter I of chapter 57 of title 5, United States Code, 
while away from their home or regular places of business 
in the performance of services for the Committee. 
‘‘(i) INFORMATION FROM CONTRACTORS.—On and 
after the date of the enactment of this section, the Sec-
retary shall include in any contract or contract renewal 
entered into with a person working on the electronic health 
record of the Department that is not part of the Federal 
Government a provision requiring that the person provide 
to the Committee, upon request by the Committee, records 
relating to the work of the person on the electronic health 
record. 
‘‘(j) 
VETERANS
SERVICE
ORGANIZATION
DE-
FINED.—In this section, the term ‘veterans service organi-
zation’ means an organization recognized by the Secretary 
for the representation of veterans under section 5902 of 
title 38, United States Code.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 73 of such title is amended 
by inserting after the item relating to section 7330C the 
following new item: 
‘‘7330D. Electronic Health Record Advisory Committee.’’. 
Æ 
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