I 

108TH CONGRESS 

2D SESSION H. R. 4621 

To amend title 38, United States Code, to provide that an injury or death 

sustained as a result of participation in a medical research program 

of the Department of Veterans Affairs shall be treated for purpose 

of benefits under laws administered by the Secretary of Veterans Affairs 

in the same manner as if the injury were incurred as a result of 

military service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 18, 2004 

Mr. RENZI (for himself, Mr. BROWN of Ohio, Mr. STRICKLAND, Mr. FLAKE, 

Ms. KAPTUR, Mr. KUCINICH, and Mr. SMITH of New Jersey) introduced 

the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide that 

an injury or death sustained as a result of participation 

in a medical research program of the Department of 

Veterans Affairs shall be treated for purpose of benefits 

under laws administered by the Secretary of Veterans 

Affairs in the same manner as if the injury were incurred 

as a result of military service, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. INJURIES AND DEATHS SUSTAINED AS A RE2 SULT OF PARTICIPATION IN A MEDICAL RE3 SEARCH PROGRAM OF THE DEPARTMENT OF 

4 VETERANS AFFAIRS TO BE TREATED IN THE 

5 SAME MANNER AS IF INCURRED AS A RESULT 

6 OF MILITARY SERVICE. 

7 Section 1151 of title 38, United States Code, is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(c) In the case of an individual who after January 

11 1, 1980, participated in a medical research program con12 ducted by the Department under section 7303 of this title, 

13 a subsequent disability, or the death, of the individual 

14 shall be treated for the purposes of the first sentence of 

15 subsection (a) in the same manner as if the disability or 

16 death were a qualifying additional disability or qualifying 

17 death, and the individual (if not a veteran) shall be treated 

18 for the purposes of that sentence in the same manner as 

19 if the individual were a veteran, if— 

20 ‘‘(1) the disability or death was caused by that 

21 individual’s participation in that research program; 

22 ‘‘(2) the disability or death was not the result 

23 of the individual’s willful misconduct; and 

24 ‘‘(3) the proximate cause of the disability or 

25 death was— 
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1 ‘‘(A) carelessness, negligence, lack of prop2 er skill, error in judgment, or similar instance 

3 of fault on the part of the Department in the 

4 conduct of the research program; or 

5 ‘‘(B) an event not reasonably foreseeable.’’. 

6 SEC. 2. INDEPENDENT STUDY OF ADJUDICATIONS UNDER 

7 SECTION 1151. 

8 (a) STUDY REQUIRED.— The Secretary of Veterans 

9 Affairs shall provide, by contract, for an independent 

10 study to be conducted on the experience of the Depart11 ment of Veterans Affairs in adjudicating claims under sec12 tion 1151 of title 38, United States Code. 

13 (b) MATTER TO BE STUDIED.—The entity selected 

14 to perform the study under subsection (a) shall evaluate 

15 the resolution of a representative sample of claims under 

16 section 1151 of title 38, United States Code, selected from 

17 the period of 1998 through 2002 and shall make a deter18 mination, for each claim selected for such purpose, as to 

19 whether the resolution of the claim was in accordance with 

20 the standard specified in that section, as in effect at the 

21 time of the resolution of the claim. 

22 (c) REPORT.—The contract under subsection (a) 

23 shall provide for a report on the results of the study to 

24 be submitted to the Secretary of Veterans Affairs and the 

25 Committees on Veterans’ Affairs of the Senate and House 
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1 of Representatives not later than one year after the date 

2 of the enactment of this Act. The report shall include— 

3 (1) the results of the review conducted pursuant 

4 to the contract; and 

5 (2) such recommendations for administrative 

6 and legislative changes as would, in the opinion of 

7 the entity conducting the study, improve the resolu8 tion of claims under that section or provide for a 

9 more appropriate standard for the resolution of 

10 claims under that section. 

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