S.Amdt. 1683

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.
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