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bond not issued under chapter 7 of Title 12, or Housing Administration, the Government Nauses the word "Federal" or the words “United tional Mortgage Association, the United States States” or any other words implying Govern- Housing Authority, the Public Housing Adminment ownership, obligation or supervision in istration, the Government of the United States, advertising or offering for sale any bond, note, or any agency thereof; or mortgage or other security not issued by the Whoever, except with the written permission Government of the United States under the of the Director of the Federal Bureau of Invesprovisions of said chapter 7 or some other Act tigation, knowingly uses the words "Federal of Congress; or

Bureau of Investigation" or the initials Whoever uses the words "Federal Home Loan

"F.B.I.”, or any colorable imitation of such Bank” or any combination or variation of these

words or initials, in connection with any adverwords alone or with other words as a business

tisement, circular, book, pamphlet or other name or part of a business name, or falsely pub

publication, play, motion picture, broadcast, lishes, advertises or represents by any device or telecast, or other production, in a manner reasymbol or other means reasonably calculated to

sonably calculated to convey the impression convey the impression that he or it is a Federal

that such advertisement, circular, book, pamHome Loan Bank or member of or subscriber

phlet or other publication, play, motion picture, for the stock of a Federal Home Loan Bank; or

broadcast, telecast, or other production, is apWhoever uses the words “National Agricul

proved, endorsed, or authorized by the Federal tural Credit Corporation” as part of the busi

Bureau of Investigation; or ness or firm name of a person, corporation, partnership, business trust, association or other

Whoever, except with written permission of

the Director of the United States Secret Serybusiness entity not organized under the laws of the United States as a National Agricultural

ice, knowingly uses the words "Secret Service", Credit Corporation; or

"Secret Service Uniformed Division”, the iniWhoever uses the words "Federal intermedi

tials “U.S.S.S.”, “U.D.”, or any colorable imitaate credit bank" as part of the business or firm

tion of such words or initials, in connection name for any person, corporation, partnership,

with, or as a part of any advertisement, circubusiness trust, association or other business

lar, book, pamphlet or other publication, play, entity not organized as an intermediate credit

motion picture, broadcast, telecast, other probank under the laws of the United States; or

duction, product, or item, in a manner reasonWhoever uses as a firm or business name the

ably calculated to convey the impression that words “Department of Housing and Urban De

such advertisement, circular, book, pamphlet or velopment”, “Housing and Home Finance

other publication, product, or item, is approved, Agency", "Federal Housing Administration",

endorsed, or authorized by or associated in any "Government National Mortgage Association”,

manner with, the United States Secret Service, "United States Housing Authority", or “Public

or the United States Secret Service Uniformed Housing Administration" or the letters "HUD",

Division; or "FHA", "PHA", or “USHA", or any combina

Whoever uses the words "Overseas Private tion or variation of those words or the letters

Investment”, “Overseas Private Investment “HUD", "FHA", "PHA", or "USHA" alone or

Corporation", or "OPIC", as part of the busiwith other words or letters reasonably calculat

ness or firm name of a person, corporation, ed to convey the false impression that such

partnership, business trust, association, or businame or business has some connection with, or

ness entity; or authorization from, the Department of Housing

Whoever uses as a firm or business name the and Urban Development, the Housing and words “Reconstruction Finance Corporation" Home Finance Agency, the Federal Housing

or any combination or variation of these Administration, the Government National

wordsMortgage Association, the United States Hous- Shall be punished as follows: a corporation, ing Authority, the Public Housing Administra- partnership, business trust, association, or tion, the Government of the United States, or other business entity, by a fine of not more any agency thereof, which does not in fact than $1,000; an officer or member thereof parexist, or falsely claims that any repair, improve- ticipating or knowingly acquiescing in such vioment, or alteration of any existing structure is lation or any individual violating this section, required or recommended by the Department by a fine of not more than $1,000 or imprisonof Housing and Urban Development, the Hous- ment for not more than one year, or both. ing and Home Finance Agency, the Federal This section shall not make unlawful the use Housing Administration, the Government Na- of any name or title which was lawful on the tional Mortgage Association, the United States date of enactment of this title. Housing Authority, the Public Housing Admin- This section shall not make unlawful the use istration, the Government of the United States, of the word “national" as part of the name of or any agency thereof, for the purpose of in- any business or firm engaged in the insurance ducing any person to enter into a contract for or indemnity business, whether such firm was the making of such repairs, alterations, or im- engaged in the insurance or indemnity business provements, or falsely advertises or falsely rep- prior or subsequent to the date of enactment of resents by any device whatsoever that any this paragraph. housing unit, project, business, or product has A violation of this section may be enjoined at been in any way endorsed, authorized, inspect- the suit of the United States Attorney, upon ed, appraised, or approved by the Department complaint by any duly authorized representaof Housing and Urban Development, the Hous- tive of any department or agency of the United ing and Home Finance Agency, the Federal States.

REFERENCES IN TEXT

The Federal Credit Union Act, referred to in text, is act June 26, 1934, ch. 750, 48 Stat. 1216, as amended, which is classified generally to chapter 14 ($ 1751 et seq.) of Title 12, Banks and Banking. For complete

lassification of this Act to the Code, see section 1751 of Title 12 and Tables.

Chapter 7 of Title 12, referred to in text, which contained the Federal Farm Loan Act (act July 17, 1916, ch. 245, 39 Stat. 360) as amended, was classified principally to section 641 et seq. of Title 12. The Federal Farm Loan Act, as amended, was repealed by section 5.26(a) of the Farm Credit Act of 1971, Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 624. Section 5.26(a) of the Farm Credit Act of 1971 also provided that all references in other legislation to the Acts repealed thereby "shall be deemed to refer to comparable provisions of this Act". For further details, see notes under section 2001 of Title 12. For complete classification of the Federal Farm Loan Act to the Code prior to such repeal, see Tables.

The date of enactment of this title, referred to in text, means June 25, 1948.

"Prior or subsequent to the enactment of this paragraph,” referred to in text of the penultimate paragraph, means July 3, 1952.

AMENDMENTS

(June 25, 1948, ch. 645, 62 Stat. 733; Sept. 21, 1950, ch. 967, § 3(a), 64 Stat. 894; Oct. 31, 1951, ch. 655, $ 22, 65 Stat. 719; July 3, 1952, ch. 547, 66 Stat. 321; Aug. 2, 1954, ch. 649, title I, § 131, 68 Stat. 609; Aug. 27, 1954, ch. 1008, 68 Stat. 867; May 25, 1967, Pub. L. 90-19, $ 24(b), 81 Stat. 27; Aug. 1, 1968, Pub. L. 90-448, title VIII, $ 807(i), 82 Stat. 545; Oct. 19, 1970, Pub. L. 91-468, § 5, 84 Stat. 1016; Nov. 10, 1978, Pub. L. 95-630, title XVIII, § 1804, 92 Stat. 3723; Dec. 23, 1985, Pub. L. 99-204, § 16, 99 Stat. 1676; Nov. 18, 1988, Pub. L. 100-690, title VII, § 7079(a), 102 Stat. 4406.)

HISTORICAL AND REVISION NOTES Based on sections 264(v)(1), 583, 584, 585, 586, 587, 1128, 1318, 1441(d), 1731(d) of title 12, U.S.C., 1940 ed., Banks and Banking, section 616(d) of title 15, U.S.C., 1940 ed., Commerce and Trade, and section 1426 of title 42, U.S.C., 1940 ed., The Public Health and Welfare (R.S. $ 5243; Dec. 23, 1913, ch. 6, § 12B(v), as added June 16, 1933, ch. 89, § 8, 48 Stat. 178; July 17, 1916, ch. 245, $ 211h, as added Mar. 4, 1923, ch. 252, $ 2, 42 Stat. 1461; Mar. 4, 1923, ch. 252, title II, § 216, 42 Stat. 1471; May 24, 1926, ch. 377, 88 1-4, 44 Stat. 628; Jan. 22, 1932, ch. 8, § 16(d), 47 Stat. 12; July 22, 1932, ch. 522, § 21, 47 Stat. 738; June 27, 1934, ch. 847, $ 512, 48 Stat. 1265; Aug. 23, 1935, ch. 614, $ $ 101, 203a, 318, 332, 49 Stat. 684, 704, 712, 719; Apr. 21, 1936, ch. 244, 49 Stat. 1237, Sept. 1, 1937, ch. 896, § 26, 50 Stat. 899; Feb. 3, 1938, ch. 13, $$ 9, 10, 52 Stat. 24, 25; June 28, 1941, ch. 261, § 10, 55 Stat. 365).

Numerous sections were consolidated with changes both of phraseology and substance necessary to effect consolidation.

The proviso of section 585 of said title 12 was omitted, since the consolidated section obviously cannot be construed as forbidding Federal agencies, boards, and corporations from using their legal names. The right to continue the use of a name, lawful on the effective date of this section, is preserved.

Last paragraph is based upon section 587 of said title 12. Words "At the suit of" were substituted for “at the instance of". United States Attorneys are the chief law officers of the districts. United States v. Smith, 1895, 15 S. Ct. 846, 158 U.S. 346, 39 L. Ed. 1011; McKay v. Rogers, C. C. A. Okl. 1936, 82 F. 2d 795. Federal courts will not recognize suits on behalf of the United States unless the Government is represented by a United States Attorney. Confiscation cases, La. 1868, 7 Wall. 454, 19 L. Ed. 196.

The words “any duly authorized representative of any department or agency of the United States” were substituted for the enumeration of agencies which may make complaint thus making the provision more flexible and less cumbersome.

This consolidated section reconciles the disparities and inconsistencies of 12 sections; thus providing a harmonious scheme for the punishment of similar of. fenses.

The punishment provision was drawn from section 587 of title 12, U.S.C., 1940 ed., Banks and Banking, but is in substance and effect the same as in sections 264v(1), 1441(d) and 1731(d) of said title 12, but the civil penalty of $50 per day which was in sections 583, 1128, and 1318 of said title 12, was omitted as inconsistent with later acts dealing with similar offenses. Too often actions to recover civil penalties result in judgments which cannot be collected, and yet as long as they remain uncollected they clog the administration of justice.

It was necessary to substitute a fine in place of a $50 per diem penalty for business entities embraced in sections 583, 1128, and 1318 of said title 12, and fine and imprisonment for individuals responsible for such violations. Similarly the penalty of $1,000 fine in section 1426 of title 42, The Public Health and Welfare, was changed to permit alternative fine or imprisonment for individuals responsible for violation.

1988–Pub. L. 100-690 inserted provision prohibiting unauthorized use of words "Secret Service" or "Secret Service Uniformed Division", the initials “U.S.S.S." or U.D.", or other colorable imitation of such words or initials.

1985–Pub. L. 99-204 extended prohibitions of this section to use of "Overseas Private Investment", "Overseas Private Investment Corporation" and “OPIC".

1978–Pub. L. 95-630 in fourth par., inserted provisions expanding the scope of the prohibition to include anyone, other than a bona fide organization or association of Federal or State credit unions or except as permitted by the laws of the United States, who misuses a firm or business name or transacts business using “National Credit Union", "National Credit Union Administration", "National Credit Union Board", "National Credit Union Share Insurance Fund”, “Share Insurance", or "Central Liquidity Facility", or "NCUA", "NCUSIF", or "CLF”, or any other combination or variation of those words or letters reasonably calculated to convey the false impression that such name or business has some connection with or authorization from the National Credit Union Administration, the Government of the United States, or any agency thereof or represents by any device whatsoever that his business, product, or service is in any way endorsed, authorized, or approved or that he is in any way insured by the National Credit Union Administration, the Government of the United States, or any agency thereof.

1970–Pub. L. 91-468 extended prohibition of this section to include practices which would falsely represent that assets are insured by the Federal Credit Union Act.

1968—Pub. L. 90-448, in ninth par., substituted "Government National Mortgage Association" for "Federal National Mortgage Association" wherever appearing.

1967-Pub. L. 90-19 extended prohibition of ninth par. to misuse of names “Department of Housing and Urban Development" and "United States Housing Authority" and symbols “HUD", "PHA", and "USHA".

1954-Act Aug. 27, 1954, brought the use of the name or initials of the Federal Bureau of Investigation within the ban of the section.

Act Aug. 2, 1954, in ninth par., inserted references to the Housing and Home Finance Agency, the Federal National Mortgage Association, and FHA, and inserted ees, abolished the Reconstruction Finance Corporation.

CROSS REFERENCES Secret Service powers, detection and arrest of violators, see section 3056 of this title.

provisions relating to false claims made with respect to repairs, alterations, or improvements.

1952—Act July 3, 1952, permitted use of "national” as a part of the name of an insurance or indemnity company in penultimate par.

1951-Act Oct. 31, 1951, in ninth par., inserted “Public Housing Administration" in lieu of "United States Housing Authority", and inserted "Public Housing Administration," after “Federal Housing Administration".

1950—Act Sept. 21, 1950, in third par., made subject to provisions of this section whoever advertises that his or its deposit liabilities, obligations, certificates, or shares are federally insured.

EFFECTIVE DATE OF 1988 AMENDMENT Section 7079(b) of Pub. L. 100-690 provided that: “This section (amending this section) shall take effect 90 days after the date of enactment of this Act (Nov. 18, 1988)."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3056 of this title.

8 710. Cremation urns for military use

Whoever knowingly uses, manufactures, or sells any cremation urn of a design approved by the Secretary of Defense for use to retain the cremated remains of deceased members of the armed forces or an urn which is a colorable imitation of the approved design, except when authorized under regulation made pursuant to law, shall be fined not more than $250 or imprisoned for not more than six months, or both. (Added Sept. 28, 1950, ch. 1092, § 1(b), 64 Stat. 1077.)

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-630 effective Oct. 1, 1979, see section 1806 of Pub. L. 95-630, set out as an Effective Date note under section 1795 of Title 12, Banks and Banking.

EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-448 effective from and after a date, no more than 120 days following Aug. 1, 1968, as established by the Secretary of Housing and Urban Development, see section 808 of Pub. L. 90-448, set out as an Effective Date note under section 1716b of Title 12, Banks and Banking.

EFFECTIVE DATE OF 1950 AMENDMENT Section 3(b) of act Sept. 21, 1950, provided that the amendment by section 3(a) of said act Sept. 21, 1950, shall be effective on Jan. 1, 1951.

TRANSFER OF FUNCTIONS All the functions, powers, and duties of the Housing and Home Finance Agency, the Federal Housing Administration, and the Public Housing Authority were transferred to the Secretary of Housing and Urban Development who was authorized to delegate such functions, powers, and duties to such officers and employees of the Department of Housing and Urban De. velopment as the Secretary may designate, see sections 3534 and 3535 of Title 42, The Public Health and Welfare.

The United States Housing Authority was consolidated with other agencies into the Housing and Home Finance Agency and the name of the authority was changed to Public Housing Administration by Reorg. Plan No. 3 of 1947, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the Appendix to Title 5, Government Organization and Employees.

NATIONAL AGRICULTURAL CREDIT CORPORATION Title II of the Agricultural Credits Act, act Mar. 4, 1923, ch. 252, title II, 88 201-217, 42 Stat. 1461, which authorized the creation of national agricultural credit corporations, was repealed by Pub. L. 86-230, Sept. 8, 1959, $ 24, 73 Stat. 466. Prior to such repeal, act June 16, 1933, ch. 101, $ 77, 48 Stat. 292, had prohibited the creation, after June 16, 1933, of national agricultural credit corporations authorized to be formed under the Agricultural Credits Act.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION For creation, succession, and principal office, see section 1717 of Title 12, Banks and Banking. ABOLITION OF RECONSTRUCTION FINANCE CORPORATION

Section 6(a) of 1957 Reorg. Plan No. 1, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government Organization and Employ

8711. "Smokey Bear" character or name

Whoever, except as authorized under rules and regulations issued by the Secretary of Agriculture after consultation with the Association of State Foresters and the Advertising Council, knowingly and for profit manufactures, reproduces, or uses the character “Smokey Bear", originated by the Forest Service, United States Department of Agriculture, in cooperation with the Association of State Foresters and the Advertising Council for use in public information concerning the prevention of forest fires, or any facsimile thereof, or th name "Smokey Bear" shall be fined not more than $250 or imprisoned not more than six months, or both.

The Secretary of Agriculture may specially authorize the manufacture, reproduction, or use of the character “Smokey Bear” for a period not to exceed one hundred and eighty days, expiring no later than one year after the enactment hereof, by any person who, because of plans or commitments made prior to the enactment of this Act, would suffer substantial loss if denied such authorization. (Added May 23, 1952, ch. 327, § 1, 66 Stat. 92, and amended June 22, 1974, Pub. L. 93-318, 85, 88 Stat. 245.)

REFERENCES IN TEXT Words "no later than one year after the enactment hereof" and "prior to the enactment of this Act” referred to in text, refer to one year from May 23, 1952.

AMENDMENTS

1974–Pub. L. 93-318 inserted "and for profit” after “knowingly" and struck out “as a trade name or in such manner as suggests the character 'Smokey Bear'” after “facsimile thereof, or the name 'Smokey Bear'".

DEPOSIT OF FEES; AVAILABILITY Deposit of fees collected under regulations governing "Smokey Bear" and availability for use, see section 580p-2 of Title 16, Conservation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 sections 580p, 580p-3.

8711a. “Woodsy Owl" character, name, or slogan

Whoever, except as authorized under rules and regulations issued by the Secretary, knowingly and for profit manufactures, reproduces, or uses the character "Woodsy Owl", the name "Woodsy Owl", or the associated slogan, "Give a Hoot, Don't Pollute” shall be fined not more than $250 or imprisoned not more than six months, or both. (Added Pub. L. 93-318, § 6, June 22, 1974, 88 Stat. 245.)

or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined not more than $250 or imprisoned not more than six months, or both.

(b) Whoever, except as authorized under regulations promulgated by the President and published in the Federal Register, knowingly manufactures, reproduces, sells, or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seals of the President or Vice President, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined not more than $250 or imprisoned not more than six months, or both.

(c) A violation of subsection (a) or (b) of this section may be enjoined at the suit of the Attorney General upon complaint by any authorized representative of any department agency of the United States. (Added Pub. L. 89-807, § 1(a), Nov. 11, 1966, 80 Stat. 1525, and amended Pub. L. 91-651, § 1, Jan. 5, 1971, 84 Stat. 1940.)

DESCRIPTION OF "WOODSY OWL" CHARACTER For description of character of "Woodsy Owl" as referred to in this section, see section 580p of Title 16, Conservation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 sections 580p, 580p-3.

or

8712. Misuse of names, words, emblems, or insignia

Whoever, in the course of collecting or aiding in the collection of private debts or obligations, or being engaged in furnishing private police, investigation, or other private detective services, uses or employs in any communication, correspondence, notice, advertisement, or circular the words “national", "Federal", or “United States", the initials “U.S.", or any emblem, insignia, or name, for the purpose of conveying and in a manner reasonably calculated to convey the false impression that such communication is from a department, agency, bureau, or instrumentality of the United States or in any manner represents the United States, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (Added Pub. L. 86-291, § 1, Sept. 21, 1959, 73 Stat. 570, and amended Pub. L. 93-147, § 1(a), Nov. 3, 1973, 87 Stat. 554.)

AMENDMENTS 1973–Pub. L. 93-147 substituted “Misuse of names, words, emblems, or insignia” for "Misuse of names by collecting agencies or private detective agencies to indicate Federal agency" in section catchline and substituted “in the course" and "such communication is from a department” for “being engaged in the business" and "such business is a department" respectively, and struck out “as part of the firm name of such business," after “detective services, uses”.

EFFECTIVE DATE Section 2 of Pub. L. 86-291 provided that: “The provisions of this section shall become effective sixty days from the enactment thereof (Sept. 21, 1959)."

AMENDMENTS 1971–Pub. L. 91-651 substituted “Use of likenesses of the great seal of the United States, and of the seals of the President and Vice President” for “Use of the great seal of the United States" in section catchline.

Subsec. (a). Pub. L. 91-651 redesignated existing provisions as subsec. (a), expanded prohibition to include likenesses of the seals of the President and Vice President, and added to the enumerated list of prohibited uses for likenesses of the great seal of the United States and for the seals of the President and Vice President, use in posters, public meetings, or on any building, monument, or stationery.

Subsecs. (b), (c). Pub. L. 91-651 added subsecs. (b) and (c).

EFFECTIVE DATE OF 1971 AMENDMENT Section 3 of Pub. L. 91-651 provided that: The amendments made by this Act (amending this section) shall not make unlawful any preexisting use of the design of the great seal of the United States or of the seals of the President or Vice President of the United States that was lawful on the date of enactment of this Act (Jan. 5, 1971), until one year after the date of such enactment."

8 713. Use of likenesses of the great seal of the United

States, and of the seals of the President and Vice

President (a) Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet,

Ex. ORD. No. 11649. REGULATIONS GOVERNING SEALS OF

PRESIDENT AND VICE PRESIDENT OF UNITED STATES Ex. Ord. No. 11649, Feb. 16, 1972, 37 F.R. 3625, as amended by Ex. Ord. No. 11916, May 28, 1976, 41 F.R. 22031, provided:

By virtue to the authority vested in me by section 713(b) of title 18, United States Code, I hereby prescribe the following regulations governing the use of the Seals of the President and the Vice President of the United States:

SECTION 1. Except as otherwise provided by law, the knowing manufacture, reproduction, sale, or purchase for resale of the Seals or Coats of Arms of the President or the Vice President of the United States, or any likeness or substantial part thereof, shall be permitted only for the following uses:

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(a) Use by the President or Vice President of the United States;

(b) Use in encyclopedias, dictionaries, books, journals, pamphlets, periodicals, or magazines incident to a description or history of seals, coats of arms, heraldry, or the Presidency or Vice Presidency;

(c) Use in libraries, museums, or educational facilities incident to descriptions or exhibits relating to seals, coats of arms, heraldry, or the Presidency or Vice Presidency;

(d) Use as an architectural embellishment in libraries, museums, or archives established to house the papers or effects of former Presidents or Vice Presidents;

(e) Use on a monument to a former President or Vice President;

(f) Use by way of photographic or electronic visual reproduction in pictures, moving pictures, or telecasts of bona fide news content;

(g) Such other uses for exceptional historical, educational, or newsworthy purposes as may be authorized in writing by the Counsel to the President.

SEC. 2. The manufacture, reproduction, sale, or purchase for resale, either separately or appended to any article manufactured or sold, of the Seals of the President or Vice President, or any likeness or substantial part thereof, except as provided in this Order or as otherwise provided by law, is prohibited.

RICHARD NIXON.

(8 714. Repealed. Pub. L. 97-258, 8 2(d)(1)(B), Sept. 13,

1982, 96 Stat. 1058)

Section, added Pub. L. 91-419, $3, Sept. 25, 1970, 84 Stat. 870, defined “Johnny Horizon" for purposes of Pub. L. 91-419.

8 715. “The Golden Eagle Insignia"

As used in this section, "The Golden Eagle Insignia” means the words “The Golden Eagle" and the representation of an American Golden Eagle (colored gold) and a family group (colored midnight blue) enclosed within a circle (colored white with a midnight blue border) framed by a rounded triangle (colored gold with a midnight blue border) which was originated by the Department of the Interior as the official symbol for Federal recreation fee areas.

Whoever, except as authorized under rules and regulations issued by the Secretary of the Interior, knowingly manufactures, reproduces, or uses “The Golden Eagle Insignia”, or any facsimile thereof, in such a manner as is likely to cause confusion, or to cause mistake, or to deceive, shall be fined not more than $250 or imprisoned not more than six months, or both.

The use of any such emblem, sign, insignia, or words which was lawful on the date of enactment of this Act shall not be a violation of this section.

A violation of this section may be enjoined at the suit of the Attorney General, upon complaint by the Secretary of the Interior. (Added Pub. L. 92-347, § 3(b), July 11, 1972, 86 Stat. 461.)

8 751. Prisoners in custody of institution or officer

(a) Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or commissioner, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined not more than $5,000 or imprisoned not more than five years, or both; or if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be fined not more than $1,000 or imprisoned not more than one year, or both.

(b) Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or commissioner, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the United States not punishable by death or life imprisonment and committed before such person's eighteenth birthday, and as to whom the Attorney General has not specifically directed the institution of criminal proceedings, or by virtue of a commitment as a juvenile delinquent under section 5034 of this title, be fined not more than $1,000 or imprisoned not more than one year, or both. Nothing herein contained shall be construed to affect the discretionary authority vested in the Attorney General pursuant to section 5032 of this title. (June 25, 1948, ch. 645, 62 Stat. 734; Dec. 30, 1963, Pub. L. 88-251, § 1, 77 Stat. 834; Sept. 10, 1965, Pub. L. 89-176, § 3, 79 Stat. 675; Nov. 18, 1988, Pub. L. 100-690, title VII, $ 7055, 102 Stat. 4402.)

REFERENCES IN TEXT The date of enactment of this Act, referred to in text, means the date of enactment of Pub. L. 92-347, which was approved July 11, 1972.

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., $$ 753h, 909 (May 14, 1930, ch. 274, $ 9, 46 Stat. 327; May 27, 1930, ch. 339, $ 9, 46 Stat. 390; Aug. 3, 1935, ch. 432, 49 Stat. 513).

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