12 2 STA T .45 1 0PUBLIC LA W 110 – 41 7—O CT. 14 , 200 8SEC.72 7. MODIF IC AT IO N OF U TI L I Z ATION OF V ETE R ANS ’P RESUMP - TION OF SOUND CONDITION IN ESTA B LIS H IN G ELIGI- BILIT Y OF MEMBERS OF THE ARMED FORCES FOR RETIRE- MENT FOR DISABILITY. (a)RETIR E M E N T OF RE GULA R S AN DM EM B ERS ON AC TI V E D UT Y FOR MORE TH AN 30 DAYS .—Section12 01( b )(3)( B )(i) o f tit l e10 ,U nite d State sC ode, is a m ended— (1) b y st r i k in g‘ ‘t h e member has si x months or more of acti v e military service and ’ ’
and (2) by striking ‘‘( u nless com p elling evidence’’ and all that follo w s through ‘‘active duty)’’ and inserting ‘‘(unless clear and unmistakable evidence demonstrates that the disability existed before the member’s entrance on active duty and was not aggra - vated by active military service)’’. (b) SE P ARATION OF REGULARS AND MEMBERS ON ACTIVE DUTY FOR MORE THAN 30 DAYS.—Section 1203(b)( 4 )(B) of such title is amended— (1) by striking ‘‘the member has six months or more of active military service, and’’; and (2) by striking ‘‘(unless compelling evidence’’ and all that follows through ‘‘active duty)’’ and inserting ‘‘(unless clear and unmistakable evidence demonstrates that the disability existed before the member’s entrance on active duty and was not aggra- vated by active military service)’’. Subti t leD—O t h e rMa tter s SEC. 7 31 . REPORT ON PROVIDING THE E X TENDED CARE HEALTH OPTION PROGRAM TO DEPENDENTS OF MILITARY RETIREES. (a) REPORT RE Q UIRED.— N ot later than 9 0 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on including dependents of military retirees in the E C HO program for a limited transitional period following retirement. (b) CONTENTS OF REPORT.—The report re q uired under sub- section (a) shall include the following
(1) The most current data on the number of military retirees with dependents who are eligible to receive extended benefits under the ECHO program and an estimate of the number of future military retirees with dependents who are eligible to receive such benefits. (2) The cost estimates of providing extended benefits under the ECHO program to dependents of all current and future military retirees. (3) The feasibility of including dependents of military retirees in any ongoing demonstration or pilot programs within the ECHO program. (4) The statutory and regulatory impediments to including dependents of military retirees in the ECHO program. (c) ECHO P ROGRAM.— I n this section, the term ‘‘ECHO pro- gram’’ means the Extended Care Health Option program provided pursuant to subsections (d), (e), and (f) of section 10 7 9 of title 10, United States Code.
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