To provide for certain treatment of autism under the TRICARE program.

SA 3058. Mrs. GILLIBRAND (for herself, Mr. Lieberman, Mr. Blumenthal,
Mr. Kerry, Mr. Brown of Massachusetts, Mr. Begich, Mr. Menendez, Mr.
Sanders, Mr. Akaka, Ms. Mikulski, Mr. Leahy, and Mr. Brown of Ohio)
submitted an amendment intended to be proposed by her to the bill S.
3254, to authorize appropriations for fiscal year 2013 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. 704. CERTAIN TREATMENT OF AUTISM UNDER THE TRICARE
PROGRAM.

(a) Certain Treatment of Autism.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1077 the
following new section:

``Sec. 1077a. Treatment of autism under the TRICARE program

``(a) In General.--Except as provided in subsection (c),
for purposes of providing health care services under this
chapter, the treatment of autism spectrum disorders shall
include behavioral health treatment, including applied
behavior analysis, when prescribed by a physician.
``(b) Requirements in Provision of Services.--In carrying
out subsection (a), the Secretary of Defense shall ensure
that--
``(1) except as provided by paragraph (2), a person who is
authorized to provide behavioral health treatment is licensed
or certified by a State or accredited national certification
board; and
``(2) if applied behavior analysis or other behavioral
health treatment is provided by an employee or contractor of
a person described in paragraph (1), the employee or
contractor shall meet minimum qualifications, training, and
supervision requirements as set forth by the Secretary who
shall ensure that covered beneficiaries have appropriate
access to care in accordance with best practice guidelines.
``(c) Exclusions.--Subsection (a) shall not apply to the
following:
``(1) Covered beneficiaries under this chapter who are
entitled to hospital insurance benefits under part A of title
XVIII of the Social Security Act.
``(2) Covered beneficiaries under this chapter who are
former members, dependents of former members, or survivors of
any uniformed service not under the jurisdiction of the
Department of Defense.
``(d) Construction With Other Benefits.--(1) Nothing in
this section shall be construed as limiting or otherwise
affecting the benefits otherwise provided under this chapter
to a covered beneficiary who is a beneficiary by virtue of--
``(A) service in the Coast Guard, the Commissioned Corp of
the National Oceanic and Atmospheric Administration, or the
Commissioned Corp of the Public Health Service; or

[[Page S7057]]

``(B) being a dependent of a member of a service described
in subparagraph (A).
``(2) Nothing in this section shall be construed as
limiting or otherwise affecting the benefits provided to a
medicare-eligible beneficiary under--
``(A) this chapter;
``(B) part A of title XVIII of the Social Security Act (42
U.S.C. 1395c et seq.); or
``(C) any other law.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1077 the following new
item:

``1077a. Treatment of autism under the TRICARE program.''.

(b) Funding.--
(1) Increase.--The amount authorized to be appropriated for
fiscal year 2013 by section 1406 and available for the
Defense Health Program for Private Sector Care as specified
in the funding table in section 4501 is hereby increased by
$30,000,000, with the amount of the increase to be available
for the provision of care in accordance with section 1077a of
title 10, United States Code (as added by subsection (a)).
(2) Offset.--The amount authorized to be appropriated for
fiscal year 2013 by section 301 for Operation and Maintenance
and available as specified in the funding table in section
4301 is hereby reduced by $30,000,000.
______