Title 10Armed ForcesRelease 119-73

§1100 Defense Health Program Account

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 55— - MEDICAL AND DENTAL CARE › § 1100

Last updated Apr 6, 2026|Official source

Summary

All money for the Department of Defense’s medical and health programs must go into a fund called the Defense Health Program Account. Each year, three percent of the total appropriated for programs under this chapter must be held back and kept available until the end of the following fiscal year. The Secretary of Defense may spend or obligate money from this account for the chapter’s programs, including contracts under sections 1079, 1086, 1092, or 1097 of this title, only as funds are available. The Secretary must write regulations to carry out these rules.

Full Legal Text

Title 10, §1100

Armed Forces — Source: USLM XML via OLRC

(a)(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)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)The Secretary of Defense shall prescribe regulations to carry out this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Pub. L. 104–106, § 735(d)(1), amended section catchline generally, substituting “Defense Health Program Account” for “Military Health Care Account”. Subsec. (a)(1). Pub. L. 104–106, § 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, § 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, § 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, § 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, § 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, § 735(c)(2), redesignated subsec. (e) as (c). Subsec. (f). Pub. L. 104–106, § 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.”

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 99–661, div. A, title VII, § 701(d)(3), Nov. 14, 1986, 100 Stat. 3898, provided that: “section 1100 of such title (as added by subsection (a)(1)) shall take effect on
October 1, 1987.” Reports to Congress Pub. L. 99–661, div. A, title VII, § 701(c)(2), Nov. 14, 1986, 100 Stat. 3898, 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1100

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73