[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 269 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                H. R. 269

  To require the Department of Defense to grant access to accredited 
 members of the media when the remains of members of the Armed Forces 
         arrive at military installations in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2009

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

_______________________________________________________________________

                                 A BILL


 
  To require the Department of Defense to grant access to accredited 
 members of the media when the remains of members of the Armed Forces 
         arrive at military installations in the United States.

    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 ``Fallen Hero Commemoration Act''.

SEC. 2. MEDIA ACCESS TO ARRIVAL CEREMONIES FOR MEMBERS OF THE ARMED 
              FORCES WHO HAVE DIED ON ACTIVE DUTY.

    (a) Findings.--Congress finds the following:
            (1) Members of the Armed Forces swear an oath to support 
        and defend the Constitution of the United States.
            (2) The Freedom of the Press is protected by the First 
        Amendment to the Constitution and is one of the fundamental 
        freedoms enjoyed by Americans.
            (3) In each generation, members of the Armed Forces have 
        selflessly given their lives to secure the freedoms Americans 
        enjoy today.
            (4) Americans must never forget the sacrifice that was 
        made, and continues to be made, by members of the Armed Forces 
        on behalf of the United States.
            (5) During the Vietnam War, images of arrival ceremonies 
        and flag-draped caskets of members of the Armed Forces appeared 
        regularly on television and in print news sources.
            (6) In 1985, the media covered a ceremony at Andrews Air 
        Force Base for members of the Armed Forces killed in El 
        Salvador. President Reagan attended the ceremony and pinned 
        Purple Heart medals on the flag-draped caskets.
            (7) The practice of permitting media coverage of the return 
        of the remains of members of the Armed Forces killed overseas 
        was changed by the Department of Defense in 1991, during the 
        Persian Gulf War. Department of Defense policy stated that 
        ``Media coverage of the arrival of remains at the port of entry 
        or at the interim stops will not be permitted . . .''.
            (8) However, in 1996, the media photographed the arrival 
        and transfer ceremony at Dover Air Force Base for the remains 
        of Commerce Secretary Ron Brown and 32 other Americans killed 
        when their plane crashed in Croatia. President Clinton was 
        present to receive the flag-draped caskets.
            (9) In 1998, the media photographed the arrival ceremony at 
        Andrews Air Force Base for Americans killed in simultaneous 
        bombings of United States embassies in Tanzania and Kenya.
            (10) In 2001, the Department of Defense restated the ban on 
        media coverage at Dover Air Force Base and at Ramstein Air 
        Force Base. However, in 2002, the media was permitted to 
        photograph the transfer of flag-draped caskets at Ramstein Air 
        Force Base that carried the remains of four members of the 
        Armed Forces killed in Afghanistan.
            (11) In 2003, the Department of Defense expanded the no-
        media policy, stating that ``There will be no arrival 
        ceremonies for, or media coverage of, deceased military 
        personnel returning or departing from Ramstein Air Base or 
        Dover Air Force Base, to include interim stops . . .''.
    (b) Access.--The Secretary of Defense shall grant access to 
accredited members of the media when the remains of members of the 
Armed Forces arrive at military installations in the United States.
    (c) Accreditation.--The Secretary of Defense may establish the 
policy for accreditation of members of the media for purposes of 
granting access under subsection (b).
                                 <all>