II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Caring for Military 

5 Children with Developmental Disabilities Act of 2014’’. 

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1 SEC. 2. BEHAVIORAL HEALTH TREATMENT OF DEVELOP2 MENTAL DISABILITIES UNDER THE TRICARE 

3 PROGRAM. 

4 (a) BEHAVIORAL HEALTH TREATMENT OF DEVEL5 OPMENTAL DISABILITIES UNDER TRICARE.—Section 

6 1077 of title 10, United States Code, is amended by add7 ing at the end the following new subsection: 

8 ‘‘(g)(1) Subject to paragraph (4), in providing health 

9 care under subsection (a), the treatment of developmental 

10 disabilities (as defined by section 102(8) of the Develop11 mental Disabilities Assistance and Bill of Rights Act of 

12 2000 (42 U.S.C. 15002(8))), including autism spectrum 

13 disorder, shall include behavioral health treatment, includ14 ing applied behavior analysis, when prescribed by a physi15 cian or psychologist. 

16 ‘‘(2) In carrying out this subsection, the Secretary 

17 shall ensure that— 

18 ‘‘(A) except as provided by subparagraph (B), 

19 behavioral health treatment is provided pursuant to 

20 this subsection— 

21 ‘‘(i) in the case of such treatment provided 

22 in a State that requires licensing or certifi23 cation of applied behavioral analysts by State 

24 law, by an individual who is licensed or certified 

25 to practice applied behavioral analysis in ac26 cordance with the laws of the State; or 

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1 ‘‘(ii) in the case of such treatment provided 

2 in a State other than a State described in 

3 clause (i), by an individual who is licensed or 

4 certified by a State or accredited national cer5 tification board; and 

6 ‘‘(B) applied behavior analysis or other behav7 ioral health treatment may be provided by an em8 ployee, contractor, or trainee of a person described 

9 in subparagraph (A) if the employee, contractor, or 

10 trainee meets minimum qualifications, training, and 

11 supervision requirements as set forth in applicable 

12 State law, by an appropriate accredited national cer13 tification board, or by the Secretary. 

14 ‘‘(3) Nothing in this subsection shall be construed as 

15 limiting or otherwise affecting the benefits provided to a 

16 covered beneficiary under— 

17 ‘‘(A) this chapter; 

18 ‘‘(B) title XVIII of the Social Security Act (42 

19 U.S.C. 1395 et seq.); or 

20 ‘‘(C) any other law. 

21 ‘‘(4)(A) Treatment may be provided under this sub22 section in a fiscal year only to the extent that amounts 

23 are provided in advance in appropriations Acts for the pro24 vision of such treatment for such fiscal year in the Defense 

25 Dependents Developmental Disabilities Account. 

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1 ‘‘(B) Funds for treatment under this subsection may 

2 be derived only from the Defense Dependents Develop3 mental Disabilities Account.’’. 

4 (b) DEFENSE DEPENDENTS DEVELOPMENTAL DIS5 ABILITIES ACCOUNT.— 

6 (1) ESTABLISHMENT.— 

7 (A) IN GENERAL.—There is hereby estab8 lished on the books of the Treasury an account 

9 to be known as the ‘‘Defense Dependents De10 velopmental Disabilities Account’’ (in this sub11 section referred to as the ‘‘Account’’). 

12 (B) SEPARATE ACCOUNT.—The Account 

13 shall be a separate account for the Department 

14 of Defense, and shall not be a subaccount with15 in the Defense Health Program account of the 

16 Department. 

17 (2) ELEMENTS.—The Account shall consist of 

18 amounts authorized to be appropriated or trans19 ferred to the Account. 

20 (3) EXCLUDED SOURCES OF ELEMENTS.— 

21 Amounts in the Account may not be derived from 

22 transfers from the following: 

23 (A) The Department of Defense Medicare24 Eligible Retiree Health Care Fund under chap25 ter 56 of title 10, United States Code. 

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1 (B) The Coast Guard Retired Pay Ac2 count. 

3 (C) The National Oceanic and Atmospheric 

4 Administration Operations, Research, and Fa5 cilities Account. 

6 (D) The Public Health Service Retirement 

7 Pay and Medical Benefits for Commissioned Of8 ficers Account. 

9 (4) AVAILABILITY.—Amounts in the Account 

10 shall be available for the treatment of developmental 

11 disabilities in covered beneficiaries pursuant to sub12 section (g) of section 1077 of title 10, United States 

13 Code (as added by subsection (a)). Amounts in the 

14 Account shall be so available until expended. 

15 (5) FUNDING.— 

16 (A) AUTHORIZATION OF APPROPRIA17 TIONS.—There is hereby authorized to be ap18 propriated for fiscal year 2015 for the Depart19 ment of Defense for the Defense Dependents 

20 Developmental Disabilities Account, 

21 $20,000,000. 

22 (B) TRANSFER FOR CONTINUATION OF EX23 ISTING SERVICES.—From amounts authorized 

24 to be appropriated for the Department of De25 fense for the Defense Health Program for fiscal 

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1 year 2015, the Secretary of Defense shall trans2 fer to the Defense Dependents Developmental 

3 Disabilities Account $250,000,000. 

Æ 

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