S.Amdt. 2583

SA 2583. Mr. MULLIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title VII, insert the
following:

SEC. 7__. MODIFICATION OF ADMINISTRATION OF MEDICAL
MALPRACTICE CLAIMS BY MEMBERS OF THE UNIFORMED
SERVICES.

(a) In General.--Section 2733a of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``subsection (g)'' and
inserting ``subsection (i)'';
(2) in subsection (b)(6), by striking ``subsection (g)''
and inserting ``subsection (i)'';
(3) in subsection (d)(1), by striking ``subsection (g)''
and inserting ``subsection (i)'';
(4) by redesignating subsections (g) through (j) as
subsections (i) through (l), respectively; and
(5) by inserting after subsection (f) the following new
subsections:
``(g) Expert Medical Opinion.--No claim under this section
may be denied on medical grounds until the Secretary obtains
an expert medical opinion on the medical malpractice alleged
under such claim from an individual who--
``(1) is not a member of the uniformed services or a
civilian employee of the Department of Defense; and
``(2) does not have a business, medical, or personal
relationship with the claimant.
``(h) Appeals.--(1) Any appeal from the denial of a claim
under this section shall be considered by a third-party
review board jointly established by the Chief Judge of the
United States Court of Appeals for the Armed Forces and the
Secretary of Defense.
``(2) The third-party review board established under
paragraph (1) shall consist of not more than five members,
all of whom who possess sufficient legal or medical
background, or both.
``(3) A claimant under this section that seeks an appeal
under paragraph (1) may submit the appeal directly to the
third-party review board established under such paragraph.
``(4) In considering an appeal from the denial of a claim
under this section, the third-party review board established
under paragraph (1) shall, at the request of the claimant,
allow for a hearing on the merits of the appeal in an
adversarial nature.
``(5) The Secretary of Defense shall provide to a claimant
seeking an appeal under paragraph (1) a copy of any response
to the appeal that is submitted on behalf of the Department
of Defense.
``(6) The third-party review board established under
paragraph (1) shall not consist of any member of the
uniformed services or civilian employee of the Department of
Defense.''.
(b) Appointment of Members.--Not later than 180 days after
the date of the enactment of this Act, the Chief Judge of the
United States Court of Appeals for the Armed Forces and the
Secretary of Defense shall jointly appoint members to the
board established under subsection (h)(1) of section 2733a of
title 10, United States Code, as added by subsection (a)(5).
(c) Report.--Not later than 180 days after the
establishment of the board required under subsection (h)(1)
of section 2733a of title 10, United States Code, as added by
subsection (a)(5), the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report indicating--
(1) the membership of the board;
(2) the qualifying background of each member of the board;
and
(3) a statement indicating the independence of each member
of the board from the Department of Defense.
(d) Treatment of Awards.--If the number of awards to be
paid for claims under section 2733a of title 10, United
States Code, for a fiscal year beginning after the date of
the enactment of this Act is greater than the average number
of awards paid for the three fiscal years preceding such date
of enactment, any award that is greater than such average
number shall be paid subject to the discretion of the
Secretary of Defense and subject to the availability of
appropriations for such purpose.
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