[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 978 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 978

  To amend title XI of the Social Security Act to improve and clarify 
    provisions prohibiting misuse of symbols, emblems, or names in 
          reference to social security programs and agencies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 18, 1993

Mr. Jacobs (for himself and Mr. Bunning) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To amend title XI of the Social Security Act to improve and clarify 
    provisions prohibiting misuse of symbols, emblems, or names in 
          reference to social security programs and agencies.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Misleading Mailings 
and Communications Act of 1993''.

SEC. 2. IMPROVEMENT AND CLARIFICATION OF PROVISIONS PROHIBITING MISUSE 
              OF SYMBOLS, EMBLEMS, OR NAMES IN REFERENCE TO SOCIAL 
              SECURITY PROGRAMS AND AGENCIES.

    (a) Prohibition of Unauthorized Reproduction, Reprinting, or 
Distribution for Fee of Certain Official Publications.--Section 1140(a) 
of the Social Security Act (42 U.S.C. 1320b-10(a)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by inserting ``(1)'' after ``(a)''; and
            (3) by adding at the end the following new paragraph:
    ``(2) No person may, for a fee, reproduce, reprint, or distribute 
any item consisting of a form, application, or other publication of the 
Social Security Administration unless such person has obtained 
specific, written authorization for such activity in accordance with 
regulations which the Secretary shall prescribe.''.
    (b) Addition to Prohibited Words, Letters, Symbols, and Emblems.--
Paragraph (1) of section 1140(a) of such Act (as redesignated by 
subsection (a)) is further amended--
            (1) in subparagraph (A) (as redesignated), by striking 
        ``Administration', the letters `SSA' or `HCFA','' and inserting 
        ``Administration', `Department of Health and Human Services', 
        `Health and Human Services', `Supplemental Security Income 
        Program', or `Medicaid', the letters `SSA', `HCFA', `DHHS', 
        `HHS', or `SSI',''; and
            (2) in subparagraph (B) (as redesignated), by striking 
        ``Social Security Administration'' each place it appears and 
        inserting ``Social Security Administration, Health Care 
        Financing Administration, or Department of Health and Human 
        Services'', and by striking ``or of the Health Care Financing 
        Administration''.
    (c) Exemption for Use of Words, Letters, Symbols, and Emblems of 
State and Local Government Agencies by Such Agencies.--Paragraph (1) of 
section 1140(a) of such Act (as redesignated by subsection (a)) is 
further amended by adding at the end the following new sentence: ``The 
preceding provisions of this subsection shall not apply with respect to 
the use by any agency or instrumentality of a State or political 
subdivision of a State of any words or letters which identify an agency 
or instrumentality of such State or of a political subdivision of such 
State or the use by any such agency or instrumentality of any symbol or 
emblem of an agency or instrumentality of such State or a political 
subdivision of such State.''.
    (d) Inclusion of Reasonableness Standard.--Section 1140(a)(1) of 
such Act (as amended by the preceding provisions of this section) is 
further amended, in the matter following subparagraph (B) (as 
redesignated), by striking ``convey'' and inserting ``convey, or in a 
manner which reasonably could be interpreted or construed as 
conveying,''.
    (e) Ineffectiveness of Disclaimers.--Subsection (a) of section 1140 
of such Act (as amended by the preceding provisions of this section) is 
further amended by adding at the end the following new paragraph:
    ``(3) Any determination of whether the use of one or more words, 
letters, symbols, or emblems (or any combination or variation thereof) 
in connection with an item described in paragraph (1) or the 
reproduction, reprinting, or distribution of an item described in 
paragraph (2) is a violation of this subsection shall be made without 
regard to any inclusion in such item (or any so reproduced, reprinted, 
or distributed copy thereof) of a disclaimer of affiliation with the 
United States Government or any particular agency or instrumentality 
thereof.''.
    (f) Violations With Respect to Individual Items.--Section 
1140(b)(1) of such Act (42 U.S.C. 1320b-10(b)(1)) is amended by adding 
at the end the following new sentence: ``In the case of any items 
referred to in subsection (a)(1) consisting of pieces of mail, each 
such piece of mail which contains one or more words, letters, symbols, 
or emblems in violation of subsection (a) shall represent a separate 
violation. In the case of any item referred to in subsection (a)(2), 
the reproduction, reprinting, or distribution of such item shall be 
treated as a separate violation with respect to each copy thereof so 
reproduced, reprinted, or distributed.''.
    (g) Elimination of Cap on Aggregate Liability Amount.--
            (1) Repeal.--Paragraph (2) of section 1140(b) of such Act 
        (42 U.S.C. 1320b-10(b)(2)) is repealed.
            (2) Conforming amendments.--Section 1140(b) of such Act is 
        further amended--
                    (A) by striking ``(1) Subject to paragraph (2), 
                the'' and inserting ``The'';
                    (B) by redesignating subparagraphs (A) and (B) as 
                paragraphs (1) and (2), respectively; and
                    (C) in paragraph (1) (as redesignated), by striking 
                ``subparagraph (B)'' and inserting ``paragraph (2)''.
    (h) Removal of Formal Declination Requirement.--Section 1140(c)(1) 
of such Act (42 U.S.C. 1320b-10(c)(1)) is amended by inserting ``and 
the first sentence of subsection (c)'' after ``and (i)''.
    (i) Penalties Relating to Social Security Administration Deposited 
in OASI Trust Fund.--Section 1140(c)(2) of such Act (42 U.S.C. 1320b-
10(c)(2)) is amended in the second sentence by striking ``United 
States.'' and inserting ``United States, except that, to the extent 
that such amounts are recovered under this section as penalties imposed 
for misuse of words, letters, symbols, or emblems relating to the 
Social Security Administration, such amounts shall be deposited into 
the Federal Old-Age and Survivor's Insurance Trust Fund.''.
    (j) Administration and Enforcement.--Section 1140 of such Act (42 
U.S.C. 1320b-10) is amended by adding at the end the following new 
subsection:
    ``(d) The preceding provisions of this section shall be 
administered and enforced through the Office of Inspector General of 
the Department of Health and Human Services.''.
    (k) Annual Reports.--Section 1140 of such Act (as amended by the 
preceding provisions of this section) is further amended by adding at 
the end the following new subsection:
    ``(e) The Secretary shall include in the annual report submitted 
pursuant to section 704 a report on the operation of this section 
during the year covered by such annual report. Such report shall 
specify--
            ``(1) the number of complaints of violations of this 
        section received by the Social Security Administration during 
        the year,
            ``(2) the number of cases in which a notice of violation of 
        this section was sent by the Social Security Administration 
        during the year requesting that an individual cease activities 
        in violation of this section,
            ``(3) the number of complaints of violations of this 
        section referred by the Social Security Administration to the 
        Inspector General in the Department of Health and Human 
        Services during the year,
            ``(4) the number of investigations of violations of this 
        section undertaken by the Inspector General during the year,
            ``(5) the number of cases in which a demand letter was sent 
        during the year assessing a civil money penalty under this 
        section,
            ``(6) the total amount of civil money penalties assessed 
        under this section during the year,
            ``(7) the number of requests for hearings filed during the 
        year pursuant to subsection (c)(1) of this section and section 
        1128A(c)(2),
            ``(8) the disposition during such year of hearings filed 
        pursuant to sections 1140(c)(1) and 1128A(c)(2), and
            ``(9) the total amount of civil money penalties under this 
        section deposited into the Federal Old-Age and Survivors 
        Insurance Trust Fund during the year.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
violations occurring after the date of the enactment of this Act.

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