[Congressional Record Volume 161, Number 89 (Thursday, June 4, 2015)]
[Senate]
[Page S3803]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1683. Mrs. MURRAY (for herself, Mr. Murphy, Mrs. Gillibrand, and 
Mr. Blunt) submitted an amendment intended to be proposed to amendment 
SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to authorize 
appropriations for fiscal year 2016 for military activities of the 
Department of Defense and for military construction, 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 end of subtitle A of title VII, add the following:

     SECTION 706. 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 in 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)--
       ``(i) in the case of a State that requires licensing or 
     certification of applied behavioral analysts under State law, 
     applied behavior analysis or other behavioral health 
     treatment is provided by an individual who is licensed or 
     certified to provide such analysis or treatment in accordance 
     with the laws of the State; and
       ``(ii) in the case of a State other than a State described 
     in clause (i), applied behavior analysis or other behavioral 
     health treatment is provided by an individual who is licensed 
     or certified by an accredited national certification board to 
     provide such analysis or treatment; 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 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 2016 for the 
     Department of Defense for the Defense Dependents 
     Developmental Disabilities Account, $50,000,000.
       (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 2016, 
     the Secretary of Defense shall transfer to the Defense 
     Dependents Developmental Disabilities Account $270,000,000.
                                 ______