‘‘(ii) in the case of such treatment provided 
in a State other than a State described in 
clause (i), by an individual who is licensed or 
certified by a State or an accredited national 
certification board; and 
‘‘(B) applied behavior analysis or other behav-
ioral health treatment may be provided by an em-
ployee, 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 in applicable 
State law, by an appropriate accredited national cer-
tification board, or by the Secretary. 
‘‘(3)(A) This subsection shall not apply to a medicare 
eligible beneficiary (as defined in section 1111(b) of this 
title). 
‘‘(B) Nothing in this subsection shall be construed 
as limiting or otherwise affecting the benefits provided to 
a covered beneficiary under— 
‘‘(i) this chapter; 
‘‘(ii) title XVIII of the Social Security Act (42 
U.S.C. 1395 et seq.); or 
‘‘(iii) any other law. 
‘‘(4) In addition to the requirement under section 
1100(c)(1) of this title, with respect to retired members 
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of the Coast Guard, the Commissioned Corps of the Na-
tional Oceanic and Atmospheric Administration, or the 
Commissioned Corps of the Public Health Service, or de-
pendents of any such retired members, treatment shall be 
provided under this subsection in a fiscal year only to the 
extent that amounts are specifically provided in advance 
in appropriations Acts for the Defense Health Program 
Account for the provision of such treatment for such fiscal 
year.’’. 
(b) FUNDING.—Section 1100 of title 10, United 
States Code, is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) BEHAVIORAL HEALTH TREATMENT OF DEVEL-
OPMENTAL
DISABILITIES.—(1) Funds for treatment 
under section 1077(g) of this title may be derived only 
from the Defense Health Program Account. Notwith-
standing any other provision of law, such funds may not 
be reimbursed from any account that would otherwise pro-
vide funds for the treatment of retired members of the 
Coast Guard, the Commissioned Corps of the National 
Oceanic and Atmospheric Administration, or the Commis-
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sioned Corps of the Public Health Service, or dependents 
of any such retired members. 
‘‘(2) As provided for in paragraph (4) of section 
1077(g), with respect to retired members of the Coast 
Guard, the Commissioned Corps of the National Oceanic 
and Atmospheric Administration, or the Commissioned 
Corps of the Public Health Service, or dependents of any 
such retired members, treatment under such section shall 
be provided in a fiscal year only to the extent that 
amounts are specifically provided in advance in appropria-
tions Acts for the Defense Health Program Account for 
the provision of such treatment for such fiscal year.’’. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that amounts should be appropriated for behavioral 
health treatment of TRICARE beneficiaries, pursuant to 
the amendments made by this section, in a manner to en-
sure the appropriate and equitable access to such treat-
ment by all such beneficiaries. 
Æ 
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