Title V, SEC. 5402. ESTABLISHMENT OF ALL-PAYER HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT. (a) Establishment. (1) In general. There is hereby created on the books of the Treasury of the United States an account to be known as the ``All-Payer Health Care Fraud and Abuse Control Account'' (in this section referred to as the ``Anti-Fraud Account ''). The Anti-Fraud Account shall consist of such gifts and bequests as may be made as provided in paragraph (2) and such amounts as may be deposited in such Anti-Fraud Account as provided in subsection (b)(4) and title XI of the Social Security Act. It shall also include the following: (A) All criminal fines imposed in cases involving a Federal health care offense (as defined in subsection (e)). (B) Penalties and damages imposed under the False Claims Act (31 U.S.C. 3729 et seq.), in cases involving claims related to the provision of health care items and services (other than funds awarded to a relator or for restitution). (C) Administrative penalties and assessments imposed under titles XI, XVIII and XIX of the Social Security Act and section 5412 (except as otherwise provided by law). (D) Amounts resulting from the forfeiture of property by reason of a Federal health care offense. Any such funds received on or after the date of the enactment of this Act shall be deposited in the Anti-Fraud Account. (2) Authorization to accept gifts. The Anti-Fraud Account is authorized to accept on behalf of the United States money gifts and bequests made unconditionally to the Anti-Fraud Account, for the benefit of the Anti-Fraud Account, or any activity financed through the Anti-Fraud Account. (b) Use of Funds. (1) In general. Amounts in the Anti-Fraud Account shall be available without appropriation and until expended to assist the Secretary and Attorney General in carrying out the All-Payer Health Care Fraud and Abuse Control Program established under section 5401 (including the administration of the Program), and may be used to cover costs incurred in operating the Program, including (A) costs of prosecuting health care matters (through criminal, civil and administrative proceedings); (B) costs of investigations (including equipment, salaries, administratively uncontrollable work, travel and training of law enforcement personnel); (C) costs of financial and performance audits of health care programs and operations; (D) costs of inspections and other evaluations. (2) Funds used to supplement agency appropriations. It is intended that disbursements made from the Anti-Fraud Account to any Federal agency be used to increase and not supplant the recipient agency's appropriated operating budget. (c) Annual Report. The Secretary and the Attorney General shall submit an annual report to Congress on the amount of revenue which is generated and disbursed by the Anti-Fraud Account in each fiscal year. (d) Federal Health Care Offense Defined. The term ``Federal health care offense'' means a violation of, or a criminal conspiracy to violate (1) sections 226, 668, 1033, or 1347 of title 18, United States Code; (2) section 1128B of the Social Security Act; (3) sections 287, 371, 664, 666, 1001, 1027, 1341, 1343, or 1954 of title 18, United States Code, if the violation or conspiracy relates to health care fraud; (4) sections 501 or 511 of the Employee Retirement Income Security Act of 1974, if the violation or conspiracy relates to health care fraud; (5) sections 301, 303(a)(2), or 303(b) or (e) of the Federal Food Drug and Cosmetic Act, if the violation or conspiracy relates to health care fraud.