Page:United States Statutes at Large Volume 110 Part 3.djvu/264

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110 STAT. 1994 PUBLIC LAW 104-191—AUG. 21, 1996 "(B) AUTHORIZATION TO ACCEPT GIFTS. —The Trust Fund is authorized to accept on behalf of the United States money gifts and bequests made unconditionsdly to the Trust Fund, for the benefit of the Account or any activity financed through the Account. "(C) TRANSFER OF AMOUNTS.—The Managing Trustee shall transfer to the Trust Fund, under rules similar to the rules in section 9601 of the Internal Revenue Code of 1986, an amount equal to the sum of the following: "(i) Criminal fines recovered in cases involving a Federal health care offense (as defined in section 982(a)(6)(B) of title 18, United States Code). "(ii) Civil monetary penalties and assessments imposed in health care cases, including amounts recovered under titles XI, XVIII, and XIX, and chapter 38 of title 31, United States Code (except as otherwise provided by law). "(iii) Amounts resulting from the forfeiture of property by reason of a Federal health care offense. "(iv) Penalties and damages obtained and otherwise creditable to miscellaneous receipts of the general fund of the Treasury obtained under sections 3729 through 3733 of title 31, United States Code (known as the False Claims Act), in cases involving claims related to the provision of health care items and services (other than funds awarded to a relator, for restitution or otherwise authorized by law). "(D) APPLICATION.— Nothing in subparagraph (C)(iii) shall be construed to limit the availability of recoveries and forfeitures obtained under title I of the Employee Retirement Income Security Act of 1974 for the purpose of providing equitable or remedial relief for employee welfare benefit plans, and for participants and beneficiaries under such plans, as authorized under such title. " (3) APPROPRIATED AMOUNTS TO ACCOUNT FOR FRAUD AND ABUSE CONTROL PROGRAM, ETC. — " (A) DEPARTMENTS OF HEALTH AND HUMAN SERVICES AND JUSTICE. — "(i) IN GENERAL.— T here are hereby appropriated to the Account from the Trust Fund such sums as the Secretary and the Attorney General certify are necessary to carry out the purposes described in subparagraph (C), to be available without further appropriation, in an amount not to exceed— " (I) for fiscal year 1997, $104,000,000, "(II) for each of the fiscal yesirs 1998 through 2003, the limit for the preceding fiscal year, increased by 15 percent; and "(III) for each fiscal year after fiscal year 2003, the limit fbr fiscal year 2003. " (ii) MEDICARE AND MEDICAID ACTIVITIES.—For each fiscal year, of the amount appropriated in clause (i), the following amounts shall be available only for the purposes of the activities of the Office of the Inspector General of the Department of Health and Human Services with respect to the Medicare and medicaid programs—