PUBLIC LAW 103-296—AUG. 15, 1994 108 STAT. 1527 section) is further amended 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 combination or variation thereof) in connection with an item described in paragraph (1) or the reproduction, reprinting, or distribution of an item described in pgiragraph (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 particulsir 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 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, sjnnbols, 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, reprinting, 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 — Paragraph (2) of section 1140(b) of such Act (42 U.S.C. 1320b-10(b)(2)) is repealed.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)". (h) 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)". (i) PENALTIES RELATING TO SOCIAL SECURITY ADMINISTRATION DEPOSITED IN OASI TRUST FUND, AND PENALTIES RELATED TO HEALTH CARE FINANCING ADMINISTRATION DEPOSITED IN THE HI AND SMI TRUST FUNDS. —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 (A) 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 Survivors Insurance Trust Fund, and (B) 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 Department of Health and Human Services, such amounts shall be deposited into the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund, as appropriate.". (j) ENFORCEMENT.— Section 1140 of such Act (42 U.S.C. 1320b- 10) is amended by adding at the end the following new subsection: "(d) The preceding provisions of this section may be enforced through the Office of the Inspector General of the Department of Health and Human Services.". (k) REPORTS.— 42 USC ' 1320b-10 note.
�
