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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Senior Citizen Protection 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) Addition to Prohibited Words, Letters, Symbols, and Emblems.--
Section 1140(a) of the Social Security Act (42 U.S.C. 1320b-10(a)) is
amended--
(1) in paragraph (1), 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 paragraph (2), 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''.
(b) Exemption for Use of Words, Letters, Symbols, and Emblems of
State and Local Government Agencies by Such Agencies.--Section 1140(a)
of such Act 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.''.
(c) Inclusion of Reasonableness Standard.--Section 1140(a) of such
Act (as amended by the preceding provisions of this section) is further
amended, in the matter following paragraph (2), by striking ''convey''
and inserting ''convey, or in a manner which reasonably could be
interpreted or construed as conveying,''.
(d) Ineffectiveness of Disclaimers.--Subsection (a) of section 1140
of such Act (as amended by the preceding provisions of this section) is
further 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) 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.''.
(e) 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.''.
(f) 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 (42
U.S.C. 1320b-10(b)) 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)''.
(g) 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)''.
(h) 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.''.
(i) Annual Reports.--Section 1140 of such Act (42 U.S.C. 1320b-10)
is amended by adding at the end the following new subsection:
''(d) 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 sections 1140(c)(1) and 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.''.
(j) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring after the date of the
enactment of this Act.
Senior Citizen Protection Act of 1993 - Amends title XI of the Social Security Act to revise the prohibitions and penalties against misleading mailings.
Requires penalties relating to misleading mailings to be deposited in the Federal Old-Age and Survivors Insurance Trust Fund.
Requires annual reports to the Congress with respect to prohibition violations and associated penalties.