I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Social Security Mis5 leading Mailings and Communications Act of 1993’’.
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1 SEC. 2. IMPROVEMENT AND CLARIFICATION OF PROVI2 SIONS PROHIBITING MISUSE OF SYMBOLS,

3 EMBLEMS, OR NAMES IN REFERENCE TO SO4 CIAL SECURITY PROGRAMS AND AGENCIES.

5 (a) PROHIBITION OF UNAUTHORIZED REPRODUC6 TION, REPRINTING, OR DISTRIBUTION FOR FEE OF CER7 TAIN OFFICIAL PUBLICATIONS.—Section 1140(a) of the

8 Social Security Act (42 U.S.C. 1320b–10(a)) is amend9 ed—

10 (1) by redesignating paragraphs (1) and (2) as

11 subparagraphs (A) and (B), respectively;

12 (2) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

13 (3) by adding at the end the following new

14 paragraph:

15 ‘‘(2) No person may, for a fee, reproduce, reprint,

16 or distribute any item consisting of a form, application,

17 or other publication of the Social Security Administration

18 unless such person has obtained specific, written author19 ization for such activity in accordance with regulations

20 which the Secretary shall prescribe.’’.

21 (b) ADDITION TO PROHIBITED WORDS, LETTERS,

22 SYMBOLS, AND EMBLEMS.—Paragraph (1) of section

23 1140(a) of such Act (as redesignated by subsection (a))

24 is further amended—

25 (1) in subparagraph (A) (as redesignated), by

26 striking ‘‘Administration’, the letters ‘SSA’ or
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1 ‘HCFA’,’’ and inserting ‘‘Administration’, ‘Depart2 ment of Health and Human Services’, ‘Health and

3 Human Services’, ‘Supplemental Security Income

4 Program’, or ‘Medicaid’, the letters ‘SSA’, ‘HCFA’,

5 ‘DHHS’, ‘HHS’, or ‘SSI’,’’; and

6 (2) in subparagraph (B) (as redesignated), by

7 striking ‘‘Social Security Administration’’ each place

8 it appears and inserting ‘‘Social Security Adminis9 tration, Health Care Financing Administration, or

10 Department of Health and Human Services’’, and

11 by striking ‘‘or of the Health Care Financing Ad12 ministration’’.

13 (c) EXEMPTION FOR USE OF WORDS, LETTERS,

14 SYMBOLS, AND EMBLEMS OF STATE AND LOCAL GOV15 ERNMENT AGENCIES BY SUCH AGENCIES.—Paragraph

16 (1) of section 1140(a) of such Act (as redesignated by sub17 section (a)) is further amended by adding at the end the

18 following new sentence: ‘‘The preceding provisions of this

19 subsection shall not apply with respect to the use by any

20 agency or instrumentality of a State or political subdivi21 sion of a State of any words or letters which identify an

22 agency or instrumentality of such State or of a political

23 subdivision of such State or the use by any such agency

24 or instrumentality of any symbol or emblem of an agency
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1 or instrumentality of such State or a political subdivision

2 of such State.’’.

3 (d) INCLUSION OF REASONABLENESS STANDARD.—

4 Section 1140(a)(1) of such Act (as amended by the pre5 ceding provisions of this section) is further amended, in

6 the matter following subparagraph (B) (as redesignated),

7 by striking ‘‘convey’’ and inserting ‘‘convey, or in a man8 ner which reasonably could be interpreted or construed as

9 conveying,’’.

10 (e) INEFFECTIVENESS OF DISCLAIMERS.—Sub11 section (a) of section 1140 of such Act (as amended by

12 the preceding provisions of this section) is further amend13 ed by adding at the end the following new paragraph:

14 ‘‘(3) Any determination of whether the use of one or

15 more words, letters, symbols, or emblems (or any combina16 tion or variation thereof) in connection with an item de17 scribed in paragraph (1) or the reproduction, reprinting,

18 or distribution of an item described in paragraph (2) is

19 a violation of this subsection shall be made without regard

20 to any inclusion in such item (or any so reproduced, re21 printed, or distributed copy thereof) of a disclaimer of af22 filiation with the United States Government or any par23 ticular agency or instrumentality thereof.’’.

24 (f) VIOLATIONS WITH RESPECT TO INDIVIDUAL

25 ITEMS.—Section 1140(b)(1) of such Act (42 U.S.C.
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1 1320b–10(b)(1)) is amended by adding at the end the fol2 lowing new sentence: ‘‘In the case of any items referred

3 to in subsection (a)(1) consisting of pieces of mail, each

4 such piece of mail which contains one or more words, let5 ters, symbols, or emblems in violation of subsection (a)

6 shall represent a separate violation. In the case of any

7 item referred to in subsection (a)(2), the reproduction, re8 printing, or distribution of such item shall be treated as

9 a separate violation with respect to each copy thereof so

10 reproduced, reprinted, or distributed.’’.

11 (g) ELIMINATION OF CAP ON AGGREGATE LIABILITY

12 AMOUNT.—

13 (1) REPEAL.—Paragraph (2) of section 1140(b)

14 of such Act (42 U.S.C. 1320b–10(b)(2)) is repealed.

15 (2) CONFORMING AMENDMENTS.—Section

16 1140(b) of such Act is further amended—

17 (A) by striking ‘‘(1) Subject to paragraph

18 (2), the’’ and inserting ‘‘The’’;

19 (B) by redesignating subparagraphs (A)

20 and (B) as paragraphs (1) and (2), respectively;

21 and

22 (C) in paragraph (1) (as redesignated), by

23 striking ‘‘subparagraph (B)’’ and inserting

24 ‘‘paragraph (2)’’.
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1 (h) REMOVAL OF FORMAL DECLINATION REQUIRE2 MENT.—Section 1140(c)(1) of such Act (42 U.S.C.

3 1320b–10(c)(1)) is amended by inserting ‘‘and the first

4 sentence of subsection (c)’’ after ‘‘and (i)’’.

5 (i) PENALTIES RELATING TO SOCIAL SECURITY AD6 MINISTRATION DEPOSITED IN OASI TRUST FUND.—Sec7 tion 1140(c)(2) of such Act (42 U.S.C. 1320b–10(c)(2))

8 is amended in the second sentence by striking ‘‘United

9 States.’’ and inserting ‘‘United States, except that, to the

10 extent that such amounts are recovered under this section

11 as penalties imposed for misuse of words, letters, symbols,

12 or emblems relating to the Social Security Administration,

13 such amounts shall be deposited into the Federal Old-Age

14 and Survivor’s Insurance Trust Fund.’’.

15 (j) ADMINISTRATION AND ENFORCEMENT.—Section

16 1140 of such Act (42 U.S.C. 1320b–10) is amended by

17 adding at the end the following new subsection:

18 ‘‘(d) The preceding provisions of this section shall be

19 administered and enforced through the Office of Inspector

20 General of the Department of Health and Human Serv21 ices.’’.

22 (k) ANNUAL REPORTS.—Section 1140 of such Act

23 (as amended by the preceding provisions of this section)

24 is further amended by adding at the end the following new

25 subsection:
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1 ‘‘(e) The Secretary shall include in the annual report

2 submitted pursuant to section 704 a report on the oper3 ation of this section during the year covered by such an4 nual report. Such report shall specify—

5 ‘‘(1) the number of complaints of violations of

6 this section received by the Social Security Adminis7 tration during the year,

8 ‘‘(2) the number of cases in which a notice of

9 violation of this section was sent by the Social Secu10 rity Administration during the year requesting that

11 an individual cease activities in violation of this sec12 tion,

13 ‘‘(3) the number of complaints of violations of

14 this section referred by the Social Security Adminis15 tration to the Inspector General in the Department

16 of Health and Human Services during the year,

17 ‘‘(4) the number of investigations of violations

18 of this section undertaken by the Inspector General

19 during the year,

20 ‘‘(5) the number of cases in which a demand

21 letter was sent during the year assessing a civil

22 money penalty under this section,

23 ‘‘(6) the total amount of civil money penalties

24 assessed under this section during the year,
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1 ‘‘(7) the number of requests for hearings filed

2 during the year pursuant to subsection (c)(1) of this

3 section and section 1128A(c)(2),

4 ‘‘(8) the disposition during such year of hear5 ings filed pursuant to sections 1140(c)(1) and

6 1128A(c)(2), and

7 ‘‘(9) the total amount of civil money penalties

8 under this section deposited into the Federal Old9 Age and Survivors Insurance Trust Fund during the

10 year.’’.

11 SEC. 3. EFFECTIVE DATE.

12 The amendments made by this Act shall apply with

13 respect to violations occurring after the date of the enact14 ment of this Act.

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