[Congressional Record Volume 141, Number 203 (Monday, December 18, 1995)]
[Senate]
[Pages S18795-S18796]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996--CONFERENCE 
                                 REPORT

  The PRESIDING OFFICER. The clerk will report the pending business.
  The assistant legislative clerk read as follows:

       A conference report to accompany H.R. 1530, an act to 
     authorize appropriations for fiscal year 1996 for military 
     activities of the Department of Defense, to prescribe 
     military personnel strengths for fiscal year 1996, and for 
     other purposes.

  The Senate resumed consideration of the conference report.
  The PRESIDING OFFICER. The Senator from South Carolina.
  Mr. THURMOND. Mr. President, as we continue to debate the conference 
report on the Department of Defense authorization bill, I want to make 
just a few opening comments.
  As I indicated earlier, it has been long and arduous process, but we 
have a sound bill that supports our national security and the 
objectives we set early in the year.
  As in every conference there had to be some give and take. I have no 
doubt that there are provisions in this bill that may be objectionable 
to some. There are provisions that I would rather not have in a defense 
bill. However, we must judge this bill as a whole, not by individual 
provisions. If you make an objective evaluation of the bill, I am 
confident you will come to the conclusion that all our efforts paid 
off. We provided for the readiness of the force both for the near term 
and in the out years. We provided for the welfare of our soldiers and 
their families. We provided the Department of Defense with the tools to 
effectively manage and streamline the acquisition of weapons systems 
and equipment.
  Despite our efforts to reach accommodation on all issues with the 
administration, they have indicated they will oppose the bill. 
Throughout the day we will address many of the objections and I believe 
we have a strong case to refute these objections.
  I urge my colleagues to come to the floor and participate in this 
debate. The Senate and the Nation have a great stake in this bill, 
especially now that our forces are deploying to Bosnia. Mr. President, 
the House passed this conference report by an overwhelming vote of 269 
to 149, I urge the Senate to do no less.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. THURMOND. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. THURMOND. Mr. President, although we have reached agreement with 
Senator Leahy on the landmine provision, I would like to respond to 
remarks made by the Senator from Vermont regarding a provision that 
would impose a moratorium on landmines that was included in the Senate 
Defense authorization bill.
  When the Senator from Vermont introduced his provision in the 
Chamber, I, along with Senators Nunn and Warner, raised objections to 
his provision. The provision would express the sense of the Congress 
with regard to a treaty review conference on conventional weapons, 
sanction foreign governments that export antipersonnel landmines, and 
it would impose a moratorium on the defensive use of antipersonnel 
landmines by U.S. Armed Forces.
  Mr. President, the portion of the provision that caused us such grave 
concern was that portion that would place a moratorium on U.S. Armed 
Forces use of antipersonnel landmines for defensive purposes.
  Mr. President, the Department of Defense, the Joint Chiefs of Staff, 
and the Department of Justice raised objections to this provision and 
specifically the portion of the provision that would place a moratorium 
on the use of antipersonnel landmines by the U.S. Armed Forces for 
defensive purposes.
  Specifically, DOD and the Joint Chiefs of Staff strongly opposed the 
provision because it would have a detrimental impact on the ability of 
the military forces to protect themselves and require the removal of 
mine fields emplaced in demilitarized zones. The Department of Justice 
opposed the inclusion of this provision because it is their view that 
it is a serious infringement on the President's authority as Commander 
in Chief, stating, ``* * * the Congress may decide upon the weapons 
available to the President, it may not dictate how those weapons are to 
be used in military operations.''
  Throughout the conference the House objected to this provision. The 
Senate defended the provision of the Senator from Vermont. At the same 
time, there were discussions with the House of the need to obtain a 
report from the Joint Chiefs of Staff on the impact of a moratorium on 
the defensive use of antipersonnel and antitank mines. Additionally, 
the House asked that prior to the implementation of a moratorium, that 
the Secretary of Defense certify that the moratorium would not 
adversely affect U.S. military capabilities, and that there were 
adequate substitutes.
  Mr. President, I would point out that the Senator's provision is in 
the fiscal year 1996 foreign operations appropriations conference 
report. After the foreign operations appropriations conference report 
was agreed to, with this provision in it, the Senator from Vermont came 
to me and asked that the committee drop his provision from the Defense 
bill. Based on his request, the Senate conferees dropped the landmine 
moratorium provision from the bill. However, the committee retained the 
report requirement. I do not understand why the Senator from Vermont 

[[Page S18796]]
would not want to have a report submitted to the Congress about the 
impact of his provision, or, for that matter, why he would not want 
assurances from the Secretary of Defense, that his provision would not 
detrimentally impact on the ability of the U.S. Armed Forces to defend 
themselves.
  Mr. President, in his remarks on the Senate floor on the deployment 
of United States Armed Forces to Bosnia, the Senator from Vermont 
raised concerns about the great number of landmines that are in and 
around Bosnia. I might point out that this conference report contains 
$20 million for humanitarian demining activities, and $20 million that 
would provide for advanced detection systems to find mines, so they do 
not pose such a great threat to our Armed Forces, and the forces of our 
allies, as well as innocent women and children. These provisions would 
be lost if the conference report is not adopted.
  Mr. President, I hope common sense will prevail in this matter and 
that the Senate will approve this conference report.
  Mr. President, I yield the floor and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER (Mr. Thomas). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DOLE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOLE. Mr. President, what is the pending business?
  The PRESIDING OFFICER. The pending business is the conference report 
to the Defense authorization bill.

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