; and (B) accord a lower priority in the list established under paragraph (4) to applications by States with a significant number of such private facilities, as determined by the Secretary. . Access to department of veterans affairs mental and behavioral health care for certain individuals discharged or released from the active military, naval, or air service under conditions other than honorable 264. (a) In general Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1712C the following new section: 1712D. Mental and behavioral health care for certain individuals discharged or released from the active military, naval, or air service under conditions other than honorable (a) In general Notwithstanding section 5303(a) of this title and subject to subsection (c), the Secretary shall furnish to an eligible individual covered mental and behavioral health care. (b) Eligible individuals For purposes of this section, an eligible individual is any of the following: (1) An individual who— (A) served in the active military, naval, or air service for a period of more than 180 days and was deployed in a theater of combat operations, in support of a contingency operation, or in an area at a time during which hostilities are occurring in that area, for a period of more than 30 days during such service; (B) was discharged or released from such service by reason of committing a covered offense; and (C) was diagnosed by a qualified mental health care provider with a mental or behavioral health condition before committing the covered offense. (2) An individual who— (A) served in the active military, naval, or air service for a period of more than 180 days and was deployed in a theater of combat operations, in support of a contingency operation, or in an area at a time during which hostilities are occurring in that area, for a period of more than 30 days during such service; (B) was discharged or released from such service by reason of committing a covered offense