PROHIBITION OF MISUSE OF SYMBOLS, EMBLEMS. OR NAMES IN REFERENCE TO SOCIAL SECURITY OR MEDICARE.

SEC. 428. PROHIBITION OF MISUSE OF SYMBOLS, EMBLEMS. OR NAMES IN REFERENCE TO SOCIAL SECURITY OR MEDICARE. (a) In General.—Part A of title XI is amended by adding at the end the following new section: 102 STAT. 816 “prohibition of misuse of symbols, emblems, or names in reference to social security or medicare “Sec. 1140. (a) No person may use, in connection with any item constituting an advertisement, solicitation, circular, book, pamphlet, or other communication, or a play, motion picture, broadcast, telecast, or other production, alone or with other words, letters, symbols, or emblems— “(1) the words ‘Social Security’, ‘Social Security Account’, ‘Social Security System’, ‘Social Security Administration’, ‘Medicare’, ‘Health Care Financing Administration’, the letters ‘SSA’ or ‘HCFA’, or any other combination or variation of such words or letters, or “(2) a symbol or emblem of the Social Security Administration (including the design of, or a reasonable facsimile of the design of, the social security card issued pursuant to section 205(c)(2)(E), the check used for payment of benefits under title II, or envelopes or other stationery used by the Social Security Administration) or of the Health Care Financing Administration, or any other combination or variation of such symbols or emblems, in a manner which such person knows or should know would convey the false impression that such item is approved, endorsed, or authorized by the Social Security Administration, the Health Care Financing Administration, or the Department of Health and Human Services or that such person has some connection with, or authorization from, the Social Security Administration, the Health Care Financing Administration, or the Department of Health and Human Services. “(b) (1) Subject to paragraph (2), the Secretary may, pursuant to regulations, impose a civil money penalty not to exceed— “(A) except as provided in subparagraph (B), $5,000, or “(B) in the case of a violation consisting of a broadcast or telecast, $25,000, against any person for each violation by such person of subsection (a). “(2) The total amount of penalties which may be imposed under paragraph (1) with respect to multiple violations in any one year period consisting of substantially identical communications or productions shall not exceed $100,000. “(c) (1) Subsections (c), (d), (e), (g), (j), and (k) of section 1128A shall apply with respect to violations under subsection (a) and penalties imposed under subsection (b) in the same manner and to the same extent as such subsections apply with respect to claims in violation of section 1128A and penalties imposed under section 1128A(a). “(2) Penalties imposed against a person under subsection (b) may be compromised by the Secretary and may be recovered in a civil action in the name of the United States brought in the district court of the United States for the district in which the violation occurred or where the person resides, has its principal office, or may be found, as determined by the Secretary. Amounts recovered under this section shall be paid to the Secretary and shall be deposited as miscellaneous receipts of the Treasury of the United States. The amount of such penalty when finally determined, or the amount agreed upon in compromise, may be deducted from any sum then or later owing by the United States to the person against whom the penalty has been imposed.”. 102 STAT. 817 (b) Authorizing Civil Money Penalties for Certain Violations Relating to Medical Supplemental Policies.— Section 1882(d) (42 U.S.C. 139588(d)) is amended— (1) by striking “shall be guilty” and all that follows through “or both” in each of paragraphs (1), (2), (3)(A), and (4)(A), and inserting in each case the following: “shall be fined under title 18, United States Code, or imprisoned not more than 5 years, or both, and, in addition to or in lieu of such a criminal penalty, is subject to a civil money penalty of not to exceed $5,000 for each such prohibited act”, and (2) by adding at the end the following new paragraph: “(5) The provisions of section 1128A (other than subsections (a) and (b)) shall apply to civil money penalties under paragraphs (1), (2), (3)(A), and (4)(A) in the same manner as such provisions apply to penalties and proceedings under section 1128A(a).. (c) Effective Date.—The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply only with respect to violations occurring on or after such date.