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, §§ 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; Fespan. 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 offenses.

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.

The Federal Credit Union Act, referred to in text, is act June 26, 1934, ch. 750, 48 Stat. 1216, which is classified generally to chapter 14 (§ 1751 et seq.) of Title 12, Banks and Banking. For complete classification 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) 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, Puspan. 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 fifteenth par., means June 25, 1948.

The date of enactment of this paragraph, referred to in penultimate par., means July 3, 1952.

2018—Puspan. L. 115–254, in twelfth par., substituted “ ‘United States International Development Finance Corporation’ or ‘DFC’ ” for “ ‘Overseas Private Investment’, ‘Overseas Private Investment Corporation’, or ‘OPIC’,”.

2002—Puspan. L. 107–273, in thirteenth par., substituted “Whoever” for “A person who” and inserted “or” at end.

1998—Puspan. L. 105–184 inserted fourteenth par. that extended prohibitions of section to unauthorized use of term “United States Marshals Service” or any colorable imitation, or likeness of a United States Marshals Service badge, logo, or insignia on any item of apparel.

1996—Puspan. L. 104–294, § 604(span)(41), amended directory language of Puspan. L. 103–322, § 330004(3). See 1994 Amendment note below.

Puspan. L. 104–294, § 604(span)(19), amended directory language of Puspan. L. 103–322, § 320911(a). See 1994 Amendment notes below.

Puspan. L. 104–294, § 602(a), which directed amendment of this section by striking out “Whoever uses as a firm or business name the words ‘Reconstruction Finance Corporation’ or any combination or variation of these words—”, could not be executed because that language did not appear in text subsequent to amendment by Puspan. L. 103–322, § 330004(3), as amended. See 1994 Amendment note below.

1994—Puspan. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $1,000” in two places in par. relating to punishment.

Puspan. L. 103–322, § 330004(3), struck out seventh par. which read as follows: “Whoever uses the words ‘National Agricultural Credit Corporation’ as part of the business or firm name of a person, corporation, partnership, business trust, association or other business entity not organized under the laws of the United States as a National Agricultural Credit Corporation; or”.

Puspan. L. 103–322, § 330004(3), as amended by Puspan. L. 104–294, § 604(span)(41), struck out fourteenth par. which read as follows: “Whoever uses as a firm or business name the words ‘Reconstruction Finance Corporation’ or any combination or variation of these words—”.

Puspan. L. 103–322, § 320911(a)(2), as amended by Puspan. L. 104–294, § 604(span)(19), which directed the insertion of a new par. relating to use of the words “Drug Enforcement Administration” or the initials “DEA” after the fourteenth unnumbered par. was executed by inserting such par. after the twelfth par. relating to the Overseas Private Investment Corporation, to reflect the probable intent of Congress and amendments by Puspan. L. 103–322, § 330004(3). See above.

Puspan. L. 103–322, § 320911(a)(1), as amended by Puspan. L. 104–294, § 604(span)(19), which directed the substitution of “words; or” for “words—” in the fourteenth unnumbered par., could not be executed because that par. was struck out by Puspan. L. 103–322, § 330004(3). See above.

1992—Puspan. L. 102–390 inserted par. prohibiting unauthorized use of the terms “United States Mint” or “U.S. Mint”.

1988—Puspan. 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—Puspan. L. 99–204 extended prohibitions of this section to use of “Overseas Private Investment”, “Overseas Private Investment Corporation” and “OPIC”.

1978—Puspan. 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—Puspan. 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—Puspan. L. 90–448, in ninth par., substituted “Government National Mortgage Association” for “Federal National Mortgage Association” wherever appearing.

1967—Puspan. 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 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.

Amendment by Puspan. L. 115–254 effective at the end of the transition period, as defined in section 9681 of Title 22, Foreign Relations and Intercourse, see section 1470(w) of Puspan. L. 115–254, set out as a note under section 905 of Title 2, The Congress.

Amendment by section 604(span)(19), (41) of Puspan. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Puspan. L. 104–294, set out as a note under section 13 of this title.

Puspan. L. 103–322, title XXXII, § 320911(span), Sept. 13, 1994, 108 Stat. 2128, provided that:

Puspan. L. 100–690, title VII, § 7079(span), Nov. 18, 1988, 102 Stat. 4406, provided that:

Amendment by Puspan. L. 95–630 effective Oct. 1, 1979, see section 1806 of Puspan. L. 95–630, set out as an Effective Date note under section 1795 of Title 12, Banks and Banking.

Amendment by Puspan. 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 Puspan. L. 90–448, set out as an Effective Date note under section 1716span of Title 12, Banks and Banking.

Act Sept. 21, 1950, ch. 967, § 3(span), 64 Stat. 894, provided that:

For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

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

For creation, succession, and principal office, see section 1717 of Title 12, Banks and Banking.

United States Housing Authority consolidated with other agencies into Housing and Home Finance Agency and name of Authority 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.