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, em-
blems, or names in reference to social security programs
and agencies.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Social Security Mis-
leading Mailings and Communications Act of 1993’’.
SEC. 2. IMPROVEMENT AND CLARIFICATION OF PROVI-
SIONS PROHIBITING MISUSE OF SYMBOLS,
EMBLEMS, OR NAMES IN REFERENCE TO SO-
CIAL SECURITY PROGRAMS AND AGENCIES.
(a) PROHIBITION
OF UNAUTHORIZED REPRODUC-
TION, REPRINTING, OR DISTRIBUTION FOR FEE OF CER-
TAIN OFFICIAL PUBLICATIONS.—Section 1140(a) of the
Social Security Act (42 U.S.C. 1320b–10(a)) is amend-
ed—
(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 author-
ization 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’, ‘Depart-
ment 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 Adminis-
tration, Health Care Financing Administration, or
Department of Health and Human Services’’, and
by striking ‘‘or of the Health Care Financing Ad-
ministration’’.
(c) EXEMPTION
FOR USE
OF WORDS, LETTERS,
SYMBOLS, AND EMBLEMS OF STATE AND LOCAL GOV-
ERNMENT AGENCIES
BY SUCH AGENCIES.—Paragraph
(1) of section 1140(a) of such Act (as redesignated by sub-
section (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 subdivi-
sion 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 pre-
ceding provisions of this section) is further amended, in
the matter following subparagraph (B) (as redesignated),
by striking ‘‘convey’’ and inserting ‘‘convey, or in a man-
ner which reasonably could be interpreted or construed as
conveying,’’.
(e) 
INEFFECTIVENESS
OF
DISCLAIMERS.—Sub-
section (a) of section 1140 of such Act (as amended by
the preceding provisions of this section) is further amend-
ed 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 combina-
tion or variation thereof) in connection with an item de-
scribed 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, re-
printed, or distributed copy thereof) of a disclaimer of af-
filiation with the United States Government or any par-
ticular 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 fol-
lowing 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, let-
ters, 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, re-
printing, 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)’’.
‘‘(e) The Secretary shall include in the annual report
submitted pursuant to section 704 a report on the oper-
ation of this section during the year covered by such an-
nual report. Such report shall specify—
‘‘(1) the number of complaints of violations of
this section received by the Social Security Adminis-
tration during the year,
‘‘(2) the number of cases in which a notice of
violation of this section was sent by the Social Secu-
rity Administration during the year requesting that
an individual cease activities in violation of this sec-
tion,
‘‘(3) the number of complaints of violations of
this section referred by the Social Security Adminis-
tration 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 hear-
ings 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 enact-
ment of this Act.
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