[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3621 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3621

 To amend title 10, United States Code, to authorize extended benefits 
          for certain autistic dependents of certain retirees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 26 (legislative day, September 17), 2008

 Mr. Martinez 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 authorize extended benefits 
          for certain autistic dependents of certain retirees.

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

SECTION 1. FINDINGS.

    The Congress finds the following:
            (1) The National Institute of Neurological Disorders and 
        Stroke states that autism is a common condition in a group of 
        developmental disorders known as the autism spectrum disorders 
        and is characterized by impaired social interaction, problems 
        with verbal and nonverbal communication, and unusual, 
        repetitive, or severely limited activities and interests.
            (2) According to a February 2007 study by the Centers for 
        Disease Control and Prevention, one in 150 children that had 
        reached the age of 8 had autism or an autism spectrum disorder 
        such as Asperger's syndrome, Rett syndrome, childhood 
        disintegrative disorder, or a pervasive developmental disorder 
        not otherwise specified.
            (3) The Department of Defense introduced the Extended Care 
        Health Option program to provide coverage to active duty 
        members of the Armed Forces for applied behavioral analysis, a 
        treatment for the symptoms of autism spectrum disorders. Active 
        duty member beneficiaries are covered for applied behavioral 
        analysis treatment for up to $2,500 per month with a maximum of 
        $30,000 per year.
            (4) According to a Harvard School of Public Health report, 
        without effective intervention, approximately 90 percent of 
        individuals with an autism spectrum disorder require lifelong 
        care, which costs an estimated $3.2 million over a child's 
        lifetime. Applied behavioral analysis therapy has been shown to 
        be effective in reducing the percentage of individuals with an 
        autism spectrum disorder that require lifelong care to less 
        than 50 percent and reducing the costs of lifelong care by two-
        thirds.
            (5) Benefits of the Extended Care Health Option program are 
        not available to military retirees enrolled in TRICARE, but in 
        a letter dated June 23, 2008, the Department of Defense stated 
        that there are 8,784 retirees with dependants diagnosed with an 
        autism spectrum disorder.

SEC. 2. EXTENDED CARE HEALTH OPTION PROGRAM FOR AUTISTIC DEPENDENTS OF 
              CERTAIN RETIREES.

    (a) Authorization for Extended Benefits for Autistic Dependents of 
Certain Retirees.--Section 1086 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(i)(1) The extended benefits program shall apply to any covered 
retiree with respect to any dependent of such a retiree if the 
dependent is--
            ``(A) described in subparagraph (D) or (I) of section 
        1072(2) of this title;
            ``(B) diagnosed with autism; and
            ``(C) not entitled to benefits under part A of title XVIII 
        of the Social Security Act.
    ``(2) In this subsection:
            ``(A) The term `extended benefits program' means the 
        program provided pursuant to subsections (d), (e), and (f) of 
        section 1079 of this title.
            ``(B) The term `covered retiree' means any person eligible 
        for health benefits under this section by reason of coverage by 
        section 1074(b) (as described in subsection (c)(1) of this 
        section) who is--
                    ``(i) not entitled to benefits under part A of 
                title XVIII of the Social Security Act; and
                    ``(ii) not enrolled under part B of such title.
            ``(C) The term `autism' refers to the autism spectrum 
        disorders, which are developmental disabilities that cause 
        substantial impairments in the areas of social interaction, 
        emotional regulation, communication, and the integration of 
        higher-order cognitive processes and are often characterized by 
        the presence of unusual behaviors and interests. The term 
        includes autistic disorder, pervasive developmental disorder 
        (not otherwise specified), Asperger's syndrome, and any of the 
        pervasive disorders as defined by the most recent edition of 
        the Diagnostic and Statistical Manual of Mental Disorders.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to benefits under the extended benefits program for items and 
services furnished on or after the date of the enactment of this Act.
                                 <all>