SEN. SAM NUNN'S FLOOR STATEMENT, 7/16/93: Mr. President, the media is filled with accounts as to what may or may not be happening in the Executive Branch with respect to the issues of the restrictions on the service of gay men and lesbians in the armed forces. As my colleagues will recall, the President issued an interim policy on January 29, 1993, which basically retained the longstanding restrictions on the service of gays and lesbians, while eliminating questions on sexual orientation from the enlistment application. The President directed the Secretary of Defense to prepare a draft policy on this issue by July 15, 1993. It is my understanding tht the Secretary, after detailed review and consultation with the civilian and military leadership of the Department of Defense, has presented a proposal to the President and it is now under review. On February 4, 1993, the Senate agreed to an amendment which directed the Armed Services Committee to conduct hearings on this issue. In addition, the Senate agreed to an order which precluded amendments on this issue until July 15, 1993. I believe that moratorium was most helpful in providing an opportunity for the committee to have fair, objective, and thorough hearings without the disruption of constant amendments. It is my hope that any order issued by the President on this subject will have a delayed effective date of sufficient length to permit Congressional review and action. Therefore, I urge my colleagues on both sides of the aisle to withhold any amendments on this issue until the Armed Services Committee has completed its action on this most important issue. Whatever your perspective, I believe that all interests will be best served if we deal with this issue through normal, established Committee process, with legislation that contains detailed findings and carefully considered procedures. Next week, the Armed Services Committee will mark up the National Defense Authorization Act for Fiscal Year 1994. I am hopeful that the Administration will issue a policy that I can support, that a majority of our Committee can support, and that we can adopt in our mark up. Regardless of what action is taken in the Executive Branch, however, we will have to consider and act on this issue because our bill is expected to be considered by the Senate prior to the August recess. I believe that it is essential that Congress codify the policies regarding homosexuality in the Armed Forces by adopting legislative findings and providing clear legislative direction to the Executive Branch. Based upon the hearings held in our Committee, it is my view that any policy issued by the Executive Branch, and any legislation enacted by Congress, must -- at a minimum -- be consistent with the following principles: 1. Military service is a unique calling which has no counterpart in civilian society. The primary purpose of the Armed Forces is to prepare for and to prevail in combat should the need arise. The conduct of military operations requires members of the Armed Forces to make extraordinary sacrifices, including the ultimate sacrifice, to provide for the defense of our nation. 2. The foundation of combat capability is unit cohesion. Unlike our civilian society, in the military the mission is the number one priority, the unit is the second priority, and the individual is the third priority. In a society the individual comes first; in the military the mission comes first. 3. Military personnel policies must facilitate the assignment and worldwide deployment of servicemembers who freqently must live and work under close conditions affording minimal privacy. 4. Because of these factors, the presence in military units of persons who, by their acts or statements, demonstrate a propensity to engage in homosexual acts, would cause an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are essential to effective combat capability. There should be no change in the current grounds for discharge - homosexual acts, statements, and marriages. 5. While DoD policies on investigations may be subject to common sense limitations because of the need to allocate scarce resources and to establish investigative priorities, these policies should not preclude investigations based upon any information relevant to an administrative or disciplinary proceeding. Despite recent media stories attributing statements to the Justice Department about the constitutionality of various proposals, - and I have no idea whether the stories are accurate - I am convinced that the principles I have enunciated are constitutionally sound and will be upheld by the U.S. Supreme Court. The Supreme Court repeatedly has held that the application of constitutional rights to members of the armed forces is necessarity different from the rights of persons in civilian society. The federal courts have ruled on numerous occaisions that restrictions on the service of gay men and lesbians, including restrictions on acts and statements, do not violate the constitutional rights of military personnel. Mr. President, I have come to these conclusions based upon the Committee's extensive review of this matter over the last six months. During the Armed Services Committee's mark up next week of the National Defense Authorization Act of Fiscal 1994, I will propose legislation that embodies these principles.