
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1100]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1100. Defense Health Program Account

    (a) Establishment of Account.--(1) There is hereby established in 
the Department of Defense an account to be known as the ``Defense Health 
Program Account''. All sums appropriated to carry out the functions of 
the Secretary of Defense with respect to medical and health care 
programs of the Department of Defense shall be appropriated to the 
account.
    (2) Of the total amount appropriated for a fiscal year for programs 
and activities carried out under this chapter, the amount equal to three 
percent of such total amount shall remain available for obligation until 
the end of the following fiscal year.
    (b) Obligation of Amounts From Account by Secretary of Defense.--The 
Secretary of Defense may obligate or expend funds from the account for 
purposes of conducting programs and activities under this chapter, 
including contracts entered into under section 1079, 1086, 1092, or 1097 
of this title, to the extent amounts are available in the account.
    (c) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out this section.

(Added Pub. L. 99-661, div. A, title VII, Sec. 701(a)(1), Nov. 14, 1986, 
100 Stat. 3896; amended Pub. L. 104-106, div. A, title VII, Sec. 735(a)-
(d)(1), Feb. 10, 1996, 110 Stat. 382.)


                               Amendments

    1996--Pub. L. 104-106, Sec. 735(d)(1), amended section catchline 
generally, substituting ``Defense Health Program Account'' for 
``Military Health Care Account''.
    Subsec. (a)(1). Pub. L. 104-106, Sec. 735(a)(1), substituted 
``Defense Health Program Account'' for ``Military Health Care Account'' 
and ``medical and health care programs of the Department of Defense'' 
for ``the Civilian Health and Medical Program of the Uniformed 
Services''.
    Subsec. (a)(2). Pub. L. 104-106, Sec. 735(b), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``Amounts 
appropriated to the account shall remain available until obligated or 
expended under subsection (b) or (c).''
    Subsec. (b). Pub. L. 104-106, Sec. 735(a)(2), substituted 
``conducting programs and activities under this chapter, including 
contracts entered into'' for ``entering into a contract'' and inserted 
comma after ``title''.
    Subsec. (c). Pub. L. 104-106, Sec. 735(c), redesignated subsec. (e) 
as (c) and struck out former subsec. (c) which read as follows: 
``Allocation of Amounts in Account for Provision of Medical Care by 
Service Secretaries.--(1) The Secretary of a military department shall, 
before the beginning of a fiscal year quarter, provide to the Secretary 
of Defense an estimate of the amounts necessary to pay for charges for 
benefits under the program for covered beneficiaries under the 
jurisdiction of the Secretary for that quarter.
    ``(2) The Secretary of Defense shall, subject to amounts provided in 
advance in appropriation Acts, make available to each Secretary of a 
military department the amount from the account that the Secretary of 
Defense determines is necessary to pay for charges for benefits under 
the program for covered beneficiaries under the jurisdiction of such 
Secretary for that quarter.''
    Subsec. (d). Pub. L. 104-106, Sec. 735(c)(1), struck out subsec. (d) 
which read as follows: ``Expenditure of Amounts From Account by Service 
Secretaries.--The Secretary of a military department shall provide 
medical and dental care to covered beneficiaries under the jurisdiction 
of the Secretary for a fiscal year quarter from amounts appropriated to 
the Secretary and from amounts from the account made available for that 
quarter to the Secretary by the Secretary of Defense. If the Secretary 
of a military department exhausts the amounts from the account made 
available to the Secretary for a fiscal year quarter, the Secretary 
shall transfer to the account from amounts appropriated to the Secretary 
an amount sufficient to provide medical and dental care to covered 
beneficiaries under the jurisdiction of the Secretary for the remainder 
of the fiscal year quarter.''
    Subsec. (e). Pub. L. 104-106, Sec. 735(c)(2), redesignated subsec. 
(e) as (c).
    Subsec. (f). Pub. L. 104-106, Sec. 735(c)(1), struck out subsec. (f) 
which read as follows: ``Definitions.--In this section:
        ``(1) The term `account' means the Military Health Care Account 
    established in subsection (a).
        ``(2) The term `program' means the Civilian Health and Medical 
    Program of the Uniformed Services.''


                             Effective Date

    Section 701(d)(3) of Pub. L. 99-661 provided that: ``Section 1100 of 
such title (as added by subsection (a)(1)) shall take effect on October 
1, 1987.''


                           Reports to Congress

    Section 701(c)(2) of Pub. L. 99-661 required Secretary to submit to 
Congress not later than May 1, 1987, a report on plans of Secretary for 
establishing diagnosis-related groups for inpatient services under 
section 1100(a) of this title, and not later than May 1, 1988, a report 
on plans of Secretary for establishing diagnosis-related groups for 
outpatient services under such section.
