Military Fallen Heroes Protection Act of 2006 - Prohibits any person, except with permission, from using 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 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. Defines as a "protected individual" any person who: (1) is a member of the Armed Forces; or (2) was a member at any time after April 5, 1917, and, if not living, has a surviving spouse, child, parent, grandparent, or sibling.
Authorizes the Attorney General to bring actions to enjoin violations of this Act.
[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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
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