[Congressional Record Volume 155, Number 31 (Monday, February 23, 2009)]
[House]
[Pages H1640-H1641]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   THE FALLEN HERO COMMEMORATION ACT

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from North Carolina (Mr. Jones) is recognized for 5 minutes.
  Mr. JONES. Mr. Speaker, throughout the history of our Nation, members 
of the United States Armed Forces have given their lives to secure and 
protect the freedoms America enjoys today. Today U.S. servicemembers 
are serving our Nation in Iraq, Afghanistan and many other parts of the 
world. Without a loved one serving in our military, it is all too 
possible for Americans to overlook the sacrifices that have been made 
and continue to be made by the men and women of the armed services.
  It is for this reason that I have introduced H.R. 269, the Fallen 
Hero Commemoration Act. This legislation

[[Page H1641]]

would require the Department of Defense to permit media coverage when 
the remains of troops who had died in active duty arrive at military 
installations in the United States.
  Currently, the Department of Defense does not, does not permit 
arrival ceremonies for or media coverage of deceased military personnel 
returning or departing from United States military installations. This 
ban on media coverage has been in place since the Persian Gulf War in 
1991. However, earlier this month President Obama announced that he had 
ordered a review of this policy, and the Pentagon is expected to 
complete its review soon.
  While I welcome a decision by the current administration to repeal 
this ban on media coverage, enacting the Fallen Hero Commemoration Act 
would ensure by statute that our Nation properly commemorates the 
service of our fallen heroes now and in the years to come.
  If this legislation is enacted, the privacy of military families 
would be protected. Private memorial services would remain private and 
only credentialed media, as approved by the Department of Defense, 
would be permitted to cover the arrival of fallen heroes at U.S. 
military installations.
  Mr. Speaker, I would like to submit for the record two letters I have 
received in support of the Fallen Hero Commemoration Act.
  One letter is an endorsement from the American Society of News 
Editors, and the other is from the National Press Photographers 
Association.
  As Mickey Osterreicher, father of a newly commissioned Air Force 
second lieutenant and general counsel for the National Press 
Photographers Association, wrote in a letter that is submitted--and I 
would like to read just a paragraph. ``It is one thing for a family to 
request that we not cover a private event it is another for the 
military to impose a total ban.''
  This legislation would not only honor those who have given their 
lives in defense of our Nation, but also uphold the freedoms for which 
they gave the ultimate sacrifice.
  Mr. Speaker, in closing, I hope that my colleagues here on the House 
floor will look seriously at H.R. 269 so that we may properly 
commemorate the sacrifices made by the United States servicemembers. 
And, Mr. Speaker, I have signed well over 8,000 letters to families and 
extended families who have lost loved ones in Afghanistan and Iraq.
  So I want to close by asking God to please bless our men and women in 
uniform; ask God to please bless the families who have given a loved 
one in Afghanistan and Iraq; and I ask God to please, three times, God 
please continue to bless America; please, God, continue to bless 
America; please, God, continue to bless America.
         National Press Photographers Association, Inc., The 
           Society of Professional Photojournalists,
                                     Durham, NC. January 12, 2009.
     Hon. Walter Jones,
     Rayburn House Office Building,
     Washington, DC.
       Dear Congressman Jones: As general counsel for the National 
     Press Photographers Association (NPPA) I would like to thank 
     you for your introduction of H.R. 269, the ``Fallen Hero 
     Commemoration Act.'' It is my understanding that this 
     legislation would direct the ``Secretary 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.''
       The NPPA represents almost 10,000 still and video 
     photojournalists throughout the United States. As such we are 
     very aware that the Department of Defense currently prohibits 
     media coverage of these solemn ceremonies. Throughout our 
     history photojournalists have documented every aspect of 
     human endeavor from triumphs to tragedies. It is unfortunate 
     that war often times creates the most compelling images. From 
     Matthew Brady's graphic photos of Civil War battlefields to 
     Joe Rosenthal's raising of the American Flag on Iwo Jima news 
     photographers have risked (and all too often lost) their 
     lives to capture these moments so that the public may be 
     informed of these newsworthy events. A free, robust and 
     unfettered press is as much a part of our history and culture 
     as is the Constitution and the three branches of government.
       To deny media coverage of the return of our fallen heroes 
     is a brazen attempt by the military to deny history. While 
     our government tries to bring liberty and democracy to all 
     corners of the world it lately seems to have forgotten that 
     those freedoms are no less important at home. As a former 
     photojournalist for over thirty years and the father of a 
     newly commissioned 2nd Lt. in the USAF training to one day 
     fly A-l0's I can state unequivocally that my colleagues mean 
     no disrespect to the uniform or the families when we cover 
     these moving events. Quite the opposite is true--as 
     photojournalists try to honestly and accurately depict these 
     moments for all to see. It is one thing for a family to 
     request that we not cover a private event it is another for 
     the military to impose a total ban.
       We agree that by once again permitting access to accredited 
     members of the media at the arrival of the remains of fallen 
     service members at U.S. military installations, this 
     legislation would not only honor those who have given their 
     lives in defense of our Nation but also uphold the freedoms 
     for which they gave the ultimate sacrifice.
       Please feel free to contact me should you need anything 
     further. In the past members of NPPA have testified at 
     hearings on a number of issues related to photojournalism and 
     we would be more than happy to do so again should the need 
     arise.
           Very truly yours,
                                           Mickey H. Osterreicher,
     General Counsel.
                                  ____

                                               American Society of


                                            Newspaper Editors,

                                     Reston, VA, January 13, 2009.
     Hon. Walter Jones,
     House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Mr. Jones: The American Society of Newspaper Editors 
     thanks you to reintroducing the Fallen Hero Commemoration Act 
     as HR 269. This legislation addresses an important issue in a 
     manner that protects constitutional ideals that have been 
     neglected far too often in recent years. We hope that this 
     early introduction will allow us to get a fast start on 
     moving this legislation toward eventual enactment.
       ASNE is a professional organization of directing editors of 
     daily newspaper in the Americas. The purposes of the Society 
     include assisting journalists and providing an unfettered and 
     effective press in the service of the American people. H.R. 
     269 is an example of legislation that advances our 
     organization's goals, and we are happy to endorse this 
     legislation and offer any support and assistance you may need 
     in obtaining its passage.
       The issue of photographing military repatriation ceremonies 
     is clearly a controversial one. We agree that the families 
     who must sadly endure the repatriation and burial of a loved 
     one have a right to their privacy and that these ceremonies 
     and those they honor demand the utmost dignity and solemnity. 
     But banning accredited media from these events dishonors the 
     sacrifices these valiant men and women have made for their 
     country and the ideals they swore to uphold.
       The First Amendment demands that the government refrain 
     from abridging freedom of the press in even the most 
     controversial of debates. The ``Findings'' portion of H.R. 
     269 demonstrates how the Department of Defense has lost sight 
     of this fundamental freedom by bending rules regarding press 
     coverage to serve its own purposes, allowing access when 
     publicity serves the government's needs while disallowing 
     access--even if the family itself expresses a willingness or 
     desire for media coverage--when it believes that photography 
     or other coverage would highlight the negative aspects of 
     war.
       This bill strongly supports freedom of speech and of the 
     press. It will replace the censorship and staged media events 
     that disrespect the freedom our fallen soldiers defended with 
     the editorial independence necessary in a democracy. Openness 
     is the best way to honor those who serve our country and 
     their families. ASNE members understand that editorial 
     independence is worthy only if practiced responsibly and 
     respectfully. Newspaper editors and those they oversee are 
     people first and have shown time and again sensitivity to 
     grieving families. This bill will not change that mindset, 
     though we do hope you reconsider the decision to remove 
     access to commemoration ceremonies and memorial services from 
     the bill. Press access to these events is necessary to 
     provide the public with the complete story about a soldier's 
     commitment to defend his or his country; we maintain that 
     coverage will not detract from the solemnity of the 
     proceedings or unduly invade the privacy of the families 
     involved.
       We again thank you for reintroducing the Fallen Hero 
     Commemoration Act. We hope that the this issue receives full 
     consideration by the 111th Congress including, specifically, 
     early hearings in the Committee on Armed Services, as which 
     point the need for access to commemoration ceremonies and 
     memorial services, in addition to repatriation ceremonies, 
     can be discussed in full. We look forward to participating in 
     that process.
           Sincerely,

                              Charlotte Hall, President, ASNE,

                                     Senior Vice President/Editor,
     The Orlando Sentinel.

                          ____________________