[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5772 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5772

   To amend title 10, United States Code, to direct the Secretary of 
    Defense to prohibit the unauthorized use of names, images, and 
               likenesses of members of the Armed Forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2006

 Mr. Boustany introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To amend title 10, United States Code, to direct the Secretary of 
    Defense to prohibit the unauthorized use of names, images, and 
               likenesses of members of the Armed Forces.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Fallen Heroes Protection 
Act of 2006''.

SEC. 2. PROHIBITION ON THE UNAUTHORIZED USE OF NAMES AND IMAGES OF 
              MEMBERS OF THE ARMED FORCES.

    (a) Prohibition.--Chapter 49 of title 10, United States Code, is 
amended by adding at the end the following new section:

``SEC. 987. UNAUTHORIZED USE OF NAMES AND IMAGES OF MEMBERS OF THE 
              ARMED FORCES.

    ``(a) Prohibition.--Except with the permission of the individual or 
individuals designated under subsection (d), no person may knowingly 
use the name, image or likeness of a protected individual in connection 
with any merchandise, retail product, impersonation, solicitation, 
commercial, or political activity in a manner reasonably calculated 
to--
            ``(1) connect the protected individual with that 
        individual's service in the armed forces; and
            ``(2) convey the impression that such use is approved, 
        endorsed, or authorized by the protected individual.
    ``(b) Authority to Enjoin Violations.--Whenever it appears to the 
Attorney General that any person is engaged or is about to engage in an 
act or practice which constitutes or will constitute conduct prohibited 
by subsection (a), the Attorney General may initiate a civil proceeding 
in a district court of the United States to enjoin such act or 
practice. Such court shall proceed as soon as practicable to the 
hearing and determination of such action and may, at any time before 
final determination, enter such restraining orders or prohibitions, or 
take such other actions as is warranted, to prevent injury to the 
United States or to any person or class of persons for whose protection 
the action is brought.
    ``(c) Protected Individual.--For purposes of this section, a 
protected individual is any person who--
            ``(1) is a member of the armed forces; or
            ``(2) was a member of the armed forces at any time after 
        April 5, 1917, and, if not living, has a surviving spouse, 
        child, parent, grandparent, or sibling.
    ``(d) Designated Individual or Individuals.--(1) The individual or 
individuals designated under this subsection, with respect to a 
protected individual--
            ``(A) is the protected individual, if living; and
            ``(B) otherwise is the living survivor or survivors of the 
        protected individual highest on the following list:
                    ``(i) The surviving spouse.
                    ``(ii) The children.
                    ``(iii) The parents.
                    ``(iv) The grandparents.
                    ``(v) The siblings.
    ``(2) In the case of a protected individual for whom more than one 
individual is designated under clause (ii), (iii), (iv), or (v) of 
paragraph (1)(B), the prohibition under subsection (a) shall apply 
unless permission is obtained from each designated individual.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``987. Unauthorized use of names and images of members of the armed 
                            forces.''.
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