appropriated to, such Trust Fund as provided
in this subtitle, section 143(b), and title XI of
the Social Security Act.
(B) AUTHORIZATION TO ACCEPT GIFTS.—
The Managing Trustee of the Trust Fund is
authorized to accept on behalf of the United
States money gifts and bequests made uncondi-
tionally to the Trust Fund, for the benefit of
the Trust Fund, or any activity financed
through the Trust Fund.
(2) MANAGEMENT.—
(A) IN GENERAL.—The Trust Fund shall
be managed by the Secretary through a Manag-
ing Trustee designated by the Secretary.
(B) INVESTMENT OF FUNDS.—It shall be
the duty of the Managing Trustee to invest
such portion of the Trust Fund as is not, in the
trustee’s judgment, required to meet current
withdrawals. Such investments may be made
only in interest-bearing obligations of the Unit-
ed States or in obligations guaranteed as to
both principal and interest by the United
States. For such purpose such obligations may
be acquired (i) on original issue at the issue
price, or (ii) by purchase of outstanding obliga-
tions at market price. The purposes for which
obligations of the United States may be issued
under chapter 31 of title 31, United States
Code, are hereby extended to authorize the issu-
ance at par of public-debt obligations for pur-
chase by the Trust Fund. Such obligations is-
sued for purchase by the Trust Fund shall have
maturities fixed with due regard for the needs
of the Trust Fund and shall bear interest at a
rate equal to the average market yield (com-
puted by the Managing Trustee on the basis of
market quotations as of the end of the calendar
month next preceding the date of such issue) on
all marketable interest-bearing obligations of
the United States then forming a part of the
public debt which are not due or callable until
after the expiration of 4 years from the end of
such calendar month, except that where such
average is not a multiple of 1⁄8 of 1 percent, the
rate of interest on such obligations shall be the
multiple of 1⁄8 of 1 percent nearest such market
yield. The Managing Trustee may purchase
other interest-bearing obligations of the United
States or obligations guaranteed as to both
principal and interest by the United States, on
original issue or at the market price, only where
the Trustee determines that the purchase of
such other obligations is in the public interest.
(C) Any obligations acquired by the Trust
Fund (except public-debt obligations issued ex-
clusively to the Trust Fund) may be sold by the
Managing Trustee at the market price, and
such public-debt obligations may be redeemed
at par plus accrued interest.
(D) The interest on, and the proceeds from
the sale or redemption of, any obligations held
in the Trust Fund shall be credited to and form
a part of the Trust Fund.
(E) The receipts and disbursements of the
Secretary in the discharge of the functions of
the Secretary shall not be included in the totals
of the budget of the United States Government.
For purposes of part C of the Balanced Budget
and Emergency Deficit Control Act of 1985,
the Secretary and the Trust Fund shall be
treated in the same manner as the Federal Re-
tirement Thrift Investment Board and the
Thrift Savings Fund, respectively. The United
States is not liable for any obligation or liability
incurred by the Trust Fund.
(3) USE
OF
FUNDS.—Amounts in the Trust
Fund shall be used to assist the Inspector General
of the Department of Health and Human Services in
carrying out the all-payor fraud and abuse control
program established under subsection (a) in the fis-
cal year involved.
SEC. 102. APPLICATION OF FEDERAL HEALTH ANTI-FRAUD
AND ABUSE SANCTIONS TO ALL FRAUD AND
ABUSE AGAINST ANY HEALTH BENEFIT PLAN.
(a) CIVIL MONETARY PENALTIES.—Section 1128A
of the Social Security Act (42 U.S.C. 1320a–7a) is amend-
ed as follows:
(1) In subsection (a)(1), in the matter before
subparagraph (A), by inserting ‘‘or of any health
benefit plan,’’ after ‘‘subsection (i)(1)),’’.
(2) In subsection (b)(1)(A), by inserting ‘‘or
under a health benefit plan’’ after ‘‘title XIX’’.
(3) In subsection (f)—
(A) by redesignating paragraph (3) as
paragraph (4); and
(B) by inserting after paragraph (2) the
following new paragraph:
‘‘(3) With respect to amounts recovered arising
out of a claim under a health benefit plan, the por-
tion of such amounts as is determined to have been
paid by the plan shall be repaid to the plan.’’.
(4) In subsection (i)—
(A) in paragraph (2), by inserting ‘‘or
under a health benefit plan’’ before the period
at the end, and
(B) in paragraph (5), by inserting ‘‘or
under a health benefit plan’’ after ‘‘or XX’’.
(b) CRIMES.—
(1) SOCIAL SECURITY ACT.—Section 1128B of
such Act (42 U.S.C. 1320a–7b) is amended as fol-
lows:
(A) In the heading, by adding at the end
the following: ‘‘OR HEALTH BENEFIT PLANS’’.
(B) In subsection (a)(1)—
(i) by striking ‘‘title XVIII or’’ and
inserting ‘‘title XVIII,’’, and
(ii) by adding at the end the follow-
ing: ‘‘or a health benefit plan (as defined
in section 1128(i)),’’.
(C) In subsection (a)(5), by striking ‘‘title
XVIII or a State health care program’’ and in-
serting ‘‘title XVIII, a State health care pro-
gram, or a health benefit plan’’.
(D) In the second sentence of subsection
(a)—
(i) by inserting after ‘‘title XIX’’ the
following: ‘‘or a health benefit plan’’, and
(ii) by inserting after ‘‘the State’’ the
following: ‘‘or the plan’’.
(E) In subsection (b)(1), by striking ‘‘title
XVIII or a State health care program’’ each
place it appears and inserting ‘‘title XVIII, a
State health care program, or a health benefit
plan’’.
(F) In subsection (b)(2), by striking ‘‘title
XVIII or a State health care program’’ each
place it appears and inserting ‘‘title XVIII, a
State health care program, or a health benefit
plan’’.
(G) In subsection (b)(3), by striking ‘‘title
XVIII or a State health care program’’ each
place it appears in subparagraphs (A) and (C)
and inserting ‘‘title XVIII, a State health care
program, or a health benefit plan’’.
(H) In subsection (d)(2)—
(i) by striking ‘‘title XIX,’’ and insert-
ing ‘‘title XIX or under a health benefit
plan,’’, and