[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4926]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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