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’ Af-
fairs 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. INJURIES AND DEATHS SUSTAINED AS A RE-
SULT OF PARTICIPATION IN A MEDICAL RE-
SEARCH PROGRAM OF THE DEPARTMENT OF 
VETERANS AFFAIRS TO BE TREATED IN THE 
SAME MANNER AS IF INCURRED AS A RESULT 
OF MILITARY SERVICE. 
Section 1151 of title 38, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) In the case of an individual who after January 
1, 1980, participated in a medical research program con-
ducted by the Department under section 7303 of this title, 
a subsequent disability, or the death, of the individual 
shall be treated for the purposes of the first sentence of 
subsection (a) in the same manner as if the disability or 
death were a qualifying additional disability or qualifying 
death, and the individual (if not a veteran) shall be treated 
for the purposes of that sentence in the same manner as 
if the individual were a veteran, if— 
‘‘(1) the disability or death was caused by that 
individual’s participation in that research program; 
‘‘(2) the disability or death was not the result 
of the individual’s willful misconduct; and 
‘‘(3) the proximate cause of the disability or 
death was—
‘‘(A) carelessness, negligence, lack of prop-
er skill, error in judgment, or similar instance 
of fault on the part of the Department in the 
conduct of the research program; or 
‘‘(B) an event not reasonably foreseeable.’’. 
SEC. 2. INDEPENDENT STUDY OF ADJUDICATIONS UNDER 
SECTION 1151. 
(a) STUDY REQUIRED.— The Secretary of Veterans 
Affairs shall provide, by contract, for an independent 
study to be conducted on the experience of the Depart-
ment of Veterans Affairs in adjudicating claims under sec-
tion 1151 of title 38, United States Code. 
(b) MATTER TO BE STUDIED.—The entity selected 
to perform the study under subsection (a) shall evaluate 
the resolution of a representative sample of claims under 
section 1151 of title 38, United States Code, selected from 
the period of 1998 through 2002 and shall make a deter-
mination, for each claim selected for such purpose, as to 
whether the resolution of the claim was in accordance with 
the standard specified in that section, as in effect at the 
time of the resolution of the claim. 
(c) REPORT.—The contract under subsection (a) 
shall provide for a report on the results of the study to 
be submitted to the Secretary of Veterans Affairs and the 
Committees on Veterans’ Affairs of the Senate and House
of Representatives not later than one year after the date 
of the enactment of this Act. The report shall include— 
(1) the results of the review conducted pursuant 
to the contract; and 
(2) such recommendations for administrative 
and legislative changes as would, in the opinion of 
the entity conducting the study, improve the resolu-
tion of claims under that section or provide for a 
more appropriate standard for the resolution of 
claims under that section. 
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