Page:United States Statutes at Large Volume 108 Part 2.djvu/810

 108 STAT. 1526 PUBLIC LAW 103-296—AUG. 15, 1994 26 USC 6103 (c) EFFECTIVE DATE.—The amendments made by this section ^ shall apply with respect to requests for information made after the date of the enactment of this Act. SEC. 312. MISUSE OF SYMBOLS, EMBLEMS, OR NAMES IN REFERENCE TO SOCIAL SECURITY ADMINISTRATION OR DEPARTMENT OF HEALTH AND HUMAN SERVICES. (a) PROHIBITION OF UNAUTHORIZED REPRODUCTION, REPRINT- ING, 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 or of the Department of Health and Human Services 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'SSr,";and (2) in subparagraph (B) (as amended by section 304 and as redesignated), by strildng "Social Security Administration" each place it appears and inserting "Social Security Administration, Health Care Financing Administration, or Department of Health and Human Services", by striking "or of the Health Care Financing Administration", and by inserting "or the Medicare card," after "205(c)(2)(F)". (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 s3anbol or emblem of an agency or instrumentality of such State or a political subdivision of such State.". (d) INCLUSION OP 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

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