[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 768 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 768

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2011

Mr. Boren (for himself and 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 and images 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 ``Soldiers Targeted by Offensive 
Profiteering Act of 2011 (STOP Act)''.

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. 988. 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 or image of a protected individual in connection with any 
merchandise, retail product, impersonation, solicitation, or commercial 
activity in a manner reasonably calculated to connect the protected 
individual with that individual's service in the armed forces.
    ``(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:

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