I 
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 Sec-
retary 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 Representa-
tives 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’’. 
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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 fol-
lowing 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 like-
ness of a protected individual in connection with any mer-
chandise, retail product, impersonation, solicitation, com-
mercial, or political activity in a manner reasonably cal-
culated to— 
‘‘(1) connect the protected individual with that 
individual’s service in the armed forces; and 
‘‘(2) convey the impression that such use is ap-
proved, endorsed, or authorized by the protected in-
dividual. 
‘‘(b) AUTHORITY TO ENJOIN VIOLATIONS.—When-
ever 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 en-
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join 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 sib-
ling. 
‘‘(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 sur-
vivors of the protected individual highest on the fol-
lowing list: 
‘‘(i) The surviving spouse. 
‘‘(ii) The children. 
‘‘(iii) The parents. 
‘‘(iv) The grandparents. 
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‘‘(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.’’. 
Æ 
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