S.Amdt. 1715
What it does: Adds SEC. 706. TREATMENT OF AUTISM UNDER THE TRICARE PROGRAM at the end of subtitle A of title VIIWhat it changes
1 change to S. 1390 · shown in the bill's text
Adds SEC. 706. TREATMENT OF AUTISM UNDER THE TRICARE PROGRAM at the end of subtitle A of title VII
Adds a sectionIn S. 1390 · Placed on Calendar Senate
(6) Such other matters with respect to the administration and effectiveness of the authorities in such section 1097c as the Comptroller General considers appropriate.
Inserted: SEC. 706. TREATMENT OF AUTISM UNDER THE TRICARE PROGRAM.
Inserted: (a) In General.--Section 1079 of title 10, United States Code, is amended--
Inserted: (1) in subsection (a), by adding at the end the following new paragraph:
Inserted: "(18) In accordance with subsection (r), treatment for autism spectrum disorders shall be made available to dependents who are diagnosed with autism spectrum disorders."; and
Inserted: (2) by adding at the end the following new subsection:
Inserted: "(r)(1) For purposes of subsection (a)(18), treatment for an autism spectrum disorder may include the use of applied behavior analysis or other structured behavior programs, as the Secretary determines appropriate.
Inserted: "(2) The Secretary may not consider the use of applied behavior analysis or other structured behavior programs under this section to be special education for purposes of subsection (a)(9).
Inserted: "(3) In carrying out this subsection, the Secretary shall ensure that--
Inserted: "(A) a person who is authorized to provide applied behavior analysis or other structured behavior programs is licensed or certified by a State, the Behavior Analyst Certification Board, or other accredited national certification board; and
Inserted: "(B) if applied behavior analysis or other structured behavior program is provided by an employee or contractor of a person authorized to provide such treatment, the employee or contractor shall meet minimum qualifications, training, and supervision requirements consistent with business best practices in the field of behavior analysis and autism services and in accordance with regulations prescribed by the Secretary.
Inserted: "(4) In this section, the term 'autism spectrum disorders' includes autistic disorder, Asperger's syndrome, and any of the pervasive developmental disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.".
Inserted: (b) Regulations.--Not later than 180 days after the enactment of this Act, the Secretary of Defense shall prescribe such regulations as may be necessary to carry out subsections (a)(18) and (r) of section 1079 of title 10, United States Code, as added by subsection (a) of this section.
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Inserted: (c) Report Required.--The Secretary of Defense shall provide a report to the Committees on Armed Services of the Senate and the House of Representatives no later than 180 days after implementation of section (a) on the implementation of such section and its effect on access to and quality of ABA services for eligible military families and their autistic dependents.
Inserted: (d) Applicability to Other Provisions.--Nothing in this section shall be construed to alter or affect the requirement under section 553 of this Act to develop and implement a policy for the support of military children with autism and their families.
Original wording
At the end of subtitle A of title VII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1715. Mrs. GILLIBRAND submitted an amendment intended to be proposed by her to the bill S. 1390, to authorize appropriations for fiscal year 2010 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 end of subtitle A of title VII, add the following:
SEC. 706. TREATMENT OF AUTISM UNDER THE TRICARE PROGRAM.
(a) In General.--Section 1079 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following new paragraph:
“(18) In accordance with subsection (r), treatment for autism spectrum disorders shall be made available to dependents who are diagnosed with autism spectrum disorders.”; and
(2) by adding at the end the following new subsection:
“(r)(1) For purposes of subsection (a)(18), treatment for an autism spectrum disorder may include the use of applied behavior analysis or other structured behavior programs, as the Secretary determines appropriate.
“(2) The Secretary may not consider the use of applied behavior analysis or other structured behavior programs under this section to be special education for purposes of subsection (a)(9).
“(3) In carrying out this subsection, the Secretary shall ensure that--
“(A) a person who is authorized to provide applied behavior analysis or other structured behavior programs is licensed or certified by a State, the Behavior Analyst Certification Board, or other accredited national certification board; and
“(B) if applied behavior analysis or other structured behavior program is provided by an employee or contractor of a person authorized to provide such treatment, the employee or contractor shall meet minimum qualifications, training, and supervision requirements consistent with business best practices in the field of behavior analysis and autism services and in accordance with regulations prescribed by the Secretary.
“(4) In this section, the term ‘autism spectrum disorders' includes autistic disorder, Asperger's syndrome, and any of the pervasive developmental disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.”.
(b) Regulations.--Not later than 180 days after the enactment of this Act, the Secretary of Defense shall prescribe such regulations as may be necessary to carry out subsections (a)(18) and (r) of section 1079 of title 10, United States Code, as added by subsection (a) of this section.
(c) Report Required.--The Secretary of Defense shall provide a report to the Committees on Armed Services of the Senate and the House of Representatives no later than 180 days after implementation of section (a) on the implementation of such section and its effect on access to and quality of ABA services for eligible military families and their autistic dependents.
(d) Applicability to Other Provisions.--Nothing in this section shall be construed to alter or affect the requirement under section 553 of this Act to develop and implement a policy for the support of military children with autism and their families.
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Senate amendment submitted
July 22, 2009
Amendments
1 amendmentOffered to this amendment
Amendments
1 amendmentOffered to this amendment