S.Amdt. 1786

1. Rewrites the text S.Amdt. 1715 would insert

   Rewrites S.Amdt. 1715In place of the text S.Amdt. 1715 would insert

   In S.Amdt. 1715 as proposed

   5 unchanged paragraphsHide unchanged text

   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).

   Struck: "(3) In carrying out this subsection, the Secretary shall ensure that--

   Inserted: "(3)(A) This subsection shall not apply to a medicare-eligible beneficiary (as defined in section 1111(b) of this title).

   Inserted: "(B) Except as provided in subparagraph (A), nothing in this subsection shall be construed as limiting or otherwise affecting the benefits provided to a medicare-eligible beneficiary under--

   Inserted: "(i) this chapter;

   Inserted: "(ii) part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); or

   Inserted: "(iii) any other provision of law.

   Inserted: "(4) 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.

   "([struck: 4][inserted: 5]) 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[struck: Required].--[struck: The Secretary ][inserted: Not later than 180 days after the implementation ]of [struck: Defense shall provide ][inserted: subsections (a)(18) and (r) of section 1079 of title 10, United States Code, as added by subsection (]a[struck: report ][inserted: ) of this section, the Secretary of Defense shall submit ]to the Committees on Armed Services of the Senate and the House of Representatives [struck: no later than 180 days after ][inserted: a report on the ]implementation of [struck: section (a) on][inserted: such subsections and] the [struck: implementation][inserted: effect] of such [struck: section and its effect ][inserted: subsections ]on access to [struck: and ]quality [struck: of ABA ][inserted: applied behavioral analysis ]services for [struck: eligible ]military families and their [struck: autistic ]dependents[inserted: with autism spectrum disorders].

   (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.

   Inserted: (e) Additional Amount for TRICARE Program.--The amount authorized to be appropriated by section 1403(1) for the Defense Health Program for operation and maintenance is hereby increased by $50,000,000, with the amount of the increase to be available 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.

   Inserted: (f) Offset.--The amount authorized to be appropriated by section 301(a)(5) for operation and maintenance for Defense-wide activities is hereby decreased by $50,000,000, with the amount of the decrease to be derived from unobligated balances.

   Original wording

   In lieu of the matter proposed to be inserted, insert the following:

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As printed