[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2333 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2333

     To amend title 10, United States Code, to provide for certain 
behavioral health treatment under TRICARE for children and adults with 
                      developmental disabilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2014

 Mrs. Murray (for herself, Mr. Blunt, Mrs. Gillibrand, and Mr. Rubio) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
     To amend title 10, United States Code, to provide for certain 
behavioral health treatment under TRICARE for children and adults with 
                      developmental disabilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Caring for Military Children with 
Developmental Disabilities Act of 2014''.

SEC. 2. BEHAVIORAL HEALTH TREATMENT OF DEVELOPMENTAL DISABILITIES UNDER 
              THE TRICARE PROGRAM.

    (a) Behavioral Health Treatment of Developmental Disabilities Under 
TRICARE.--Section 1077 of title 10, United States Code, is amended by 
adding at the end the following new subsection:
    ``(g)(1) Subject to paragraph (4), in providing health care under 
subsection (a), the treatment of developmental disabilities (as defined 
by section 102(8) of the Developmental Disabilities Assistance and Bill 
of Rights Act of 2000 (42 U.S.C. 15002(8))), including autism spectrum 
disorder, shall include behavioral health treatment, including applied 
behavior analysis, when prescribed by a physician or psychologist.
    ``(2) In carrying out this subsection, the Secretary shall ensure 
that--
            ``(A) except as provided by subparagraph (B), behavioral 
        health treatment is provided pursuant to this subsection--
                    ``(i) in the case of such treatment provided in a 
                State that requires licensing or certification of 
                applied behavioral analysts by State law, by an 
                individual who is licensed or certified to practice 
                applied behavioral analysis in accordance with the laws 
                of the State; or
                    ``(ii) in the case of such treatment provided in a 
                State other than a State described in clause (i), by an 
                individual who is licensed or certified by a State or 
                accredited national certification board; and
            ``(B) applied behavior analysis or other behavioral health 
        treatment may be provided by an employee, contractor, or 
        trainee of a person described in subparagraph (A) if the 
        employee, contractor, or trainee meets minimum qualifications, 
        training, and supervision requirements as set forth in 
        applicable State law, by an appropriate accredited national 
        certification board, or by the Secretary.
    ``(3) Nothing in this subsection shall be construed as limiting or 
otherwise affecting the benefits provided to a covered beneficiary 
under--
            ``(A) this chapter;
            ``(B) title XVIII of the Social Security Act (42 U.S.C. 
        1395 et seq.); or
            ``(C) any other law.
    ``(4)(A) Treatment may be provided under this subsection in a 
fiscal year only to the extent that amounts are provided in advance in 
appropriations Acts for the provision of such treatment for such fiscal 
year in the Defense Dependents Developmental Disabilities Account.
    ``(B) Funds for treatment under this subsection may be derived only 
from the Defense Dependents Developmental Disabilities Account.''.
    (b) Defense Dependents Developmental Disabilities Account.--
            (1) Establishment.--
                    (A) In general.--There is hereby established on the 
                books of the Treasury an account to be known as the 
                ``Defense Dependents Developmental Disabilities 
                Account'' (in this subsection referred to as the 
                ``Account'').
                    (B) Separate account.--The Account shall be a 
                separate account for the Department of Defense, and 
                shall not be a subaccount within the Defense Health 
                Program account of the Department.
            (2) Elements.--The Account shall consist of amounts 
        authorized to be appropriated or transferred to the Account.
            (3) Excluded sources of elements.--Amounts in the Account 
        may not be derived from transfers from the following:
                    (A) The Department of Defense Medicare-Eligible 
                Retiree Health Care Fund under chapter 56 of title 10, 
                United States Code.
                    (B) The Coast Guard Retired Pay Account.
                    (C) The National Oceanic and Atmospheric 
                Administration Operations, Research, and Facilities 
                Account.
                    (D) The Public Health Service Retirement Pay and 
                Medical Benefits for Commissioned Officers Account.
            (4) Availability.--Amounts in the Account shall be 
        available for the treatment of developmental disabilities in 
        covered beneficiaries pursuant to subsection (g) of section 
        1077 of title 10, United States Code (as added by subsection 
        (a)). Amounts in the Account shall be so available until 
        expended.
            (5) Funding.--
                    (A) Authorization of appropriations.--There is 
                hereby authorized to be appropriated for fiscal year 
                2015 for the Department of Defense for the Defense 
                Dependents Developmental Disabilities Account, 
                $20,000,000.
                    (B) Transfer for continuation of existing 
                services.--From amounts authorized to be appropriated 
                for the Department of Defense for the Defense Health 
                Program for fiscal year 2015, the Secretary of Defense 
                shall transfer to the Defense Dependents Developmental 
                Disabilities Account $250,000,000.
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