[Congressional Record Volume 141, Number 193 (Wednesday, December 6, 1995)] [Senate] [Pages S18055-S18056] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] OPERATIONAL TEST AND EVALUATION Mr. PRYOR. Mr. President, today, I rise in the Senate to voice my very strong opposition to the actions being considered by the House Senate conference committee on the Defense authorization bill. Mr. President, I have been informed, with some of my colleagues, and I am very sorry I did not get to listen to all of the remarks of my good friend and colleague and partner in this issue, Senator Roth of Delaware, we have been informed that the conference committee is now considering turning back the clock on 12 years of progress in the war against $600 hammers, $1,000 toilet seats, guns that do not shoot, bombs that do not explode, and planes that do not fly. I believe what is at stake are the lives of our men and women who serve this country in the Armed Forces. Mr. President, I am speaking today of the very useful and most critical role of the Office of the Director of Operational Test and Evaluation in the Pentagon and the effort underway in the conference committee to totally annihilate and to eliminate this office. As I address the Senate this afternoon, the conference committee on the DOD authorization bill is now deliberating over whether to repeal the bipartisan legislation written by myself, along in 1983 with Senator Roth, Senator Kassebaum, Senator Grassley, and others, that created the independent weapons testing office. This legislation this is now known as section 139 of title X establishes the Operational Testing Office that currently Mr. President, oversees, evaluates, and reports on the results of tests conducted on our new military hardware. This Office was designed to report directly to the Secretary of Defense with this independent assessment of the weapons being tested, procurement, and combat use. The job of this Office has been to help make good weapons better and to help keep weapons that do not work out of the hands of our soldiers and sailors. It has saved the taxpayers billions of dollars by exposing many troubled systems before they become costly dinosaurs and disasters. The ultimate contribution, I think, of the Operational Testing Office has been the lives it has saved by helping to ensure that our Armed Forces are not sent into combat with weapons that are faulty and do not work and will fail in an operational environment. Support for this Office, Mr. President, has always been bipartisan. For example, former Defense Secretary Dick Cheney said that the independent weapons testing ``saved more lives" during Operation Desert Storm than perhaps any other single initiative. Current Defense Secretary William Perry has recently described this Office as ``The conscience of the acquisition process.'' Earlier this year, I was extremely shocked to learn that the House National Security Committee recommended repealing section 139 of title X, thereby eliminating this Office. Because of what we consider to be a very irresponsible initiative in the House of Representatives, Senator Roth and myself sponsored a bipartisan sense-of-the-Senate resolution voicing the Senate's full support for the Testing Office and our strong objection to repealing its charter. This resolution passed the Senate unanimously during consideration of the defense authorization bill in August in 1995. We were recently notified that the conference committee apparently is disregarding the sense-of-the-Senate [[Page S 18056]] resolution by refusing to remove from its conference report the language that would kill operational weapons testing in the Pentagon. This news is disheartening, indeed, Mr. President. Repealing the law that established independent weapons testing would be an irresponsible, unthinkable course, and dangerously shortsighted. If this Office's charter is revoked, countless American lives will be at risk. Furthermore, the entire system by which we acquire new weapons will be pushed back to the dark ages. We will undoubtedly be bringing back the unthinkable conflict of interest of the students grading their own exams, when it comes to evaluating the results of critical weapons testing. Last Friday, after learning that the Testing Office was, indeed, in jeopardy and in danger of being eliminated, Senator Roth, Senator Grassley and myself sent a letter to Chairman Thurmond and to Chairman Spence, expressing our outrage over the apparent desire to repeal section 139 of title X. In this letter, Mr. President, we call on the conferees to maintain our legislation that created the Operational Testing Office. Mr. President, I ask unanimous consent that a copy of this letter that we sent to Chairman Thurmond and to Chairman Spence be printed in the Record directly following my remarks. The PRESIDING OFFICER. Without objection, it is so ordered. (See exhibit 1.) Mr. PRYOR. I gladly join my good friends from the other side of the aisle in voting our strong bipartisan support for independent weapons testing. This Office has always enjoyed support from each side of the aisle. I hope it always will. It was created in this spirit. I certainly hope that it does not die under a cloud of partisanship. I would like my views to be known clearly and publicly before the conferees conclude their deliberations on the Defense authorization bill. I know they will take heed of the remarks of my colleague and good friend, Senator Roth, who just delivered his eloquent speech on the floor of the Senate with regard to this issue. If this conference report comes to the Senate, Mr. President, with language that revokes the charter of our weapons testing office, I will strongly oppose the conference report and I will ask it be rejected by the entire U.S. Senate. As we prepare to send American troops into Bosnia, it would be wrong--absolutely, totally wrong--to eliminate the most important checks and balances in the military procurement chain that has proven to save time, money, and most importantly, the lives of our fighting forces. The American taxpayers, the American men and women in uniform, deserve much better. I thank the Chair for recognizing me. I yield the floor. Exhibit 1 U.S. Senate, Washington, DC, December 1, 1995. Hon. Strom Thurmond, Chairman, Senate Armed Services Committee, SR 228, Washington, DC. Dear Mr. Chairman: We are writing to voice our strenuous objection to an action the defense authorization conference committee is considering that would jeopardize independent operational and live-fire weapons testing in the Department of Defense. We believe that what is at stake are the lives of our men and women who serve in the armed forces. As you know, the conference committee is currently discussing various measures to streamline the Office of the Secretary of Defense (OSD). We are aware that the conference committee is considering repealing section 139 of Title 10. Repealing Section 139 would eliminate the authority of the Director, Operational Test and Evaluation (DOT&E) to oversee, evaluate, and report on the operational worth of weapons prior to their production and procurement by the U.S. government. The DOT&E office was created 12 years ago with strong bipartisan support. Its existence has been critical to Congressional and Pentagon efforts to promote a ``fly-before- you-buy'' approach to the multi-billion dollar arena of military acquisitions. Section 139 of Title 10 is the foundation upon which this important contribution to DOD procurement is based. Since its enactment, this provision has saved time, money, and most importantly, the lives of our soldiers and sailors who must rely on tested, proven weapons. We truly believe that any decision by the conference committee to repeal section 139 would result in many unintended consequences. Eliminating this office would not eliminate the requirement to conduct testing under realistic operational conditions. However, it would raise the question as to who would be responsible for approving test plans and for providing independent evaluations of testing. This uncertainty would be costly indeed. We appreciate the conferees' desire to streamline the Office of the Secretary of Defense. However, the Federal Acquisition Streamlining Act recently enacted by Congress merged live-fire testing with the operational testing function. Thus, independent testing oversight has already been streamlined. Furthermore, the DOT&E office is already one of the smallest in the Pentagon bureaucracy. This directorate has proven itself as one of the most important checks and balances in the DOD procurement system. Its value has been lauded by our two most recent Secretaries of Defense. After Operation Desert Storm, former Defense Secretary Dick Cheney said that the vigorous, independent testing oversight put in place by Congress ``saved more lives'' than perhaps any other single initiative. Current Defense Secretary Perry recently described the DOT&E as ``the conscience of the acquisition process.'' In August, the U.S. Senate unanimously approved a Sense of the Senate resolution that stated clearly the Senate's opposition to repealing section 139 of Title 10. We continue to believe that repealing the law that guides independent weapons testing is wrong and dangerously shortsighted. Clearly the question facing Congress is do we care more about reducing the size of OSD or protecting the lives of our service men and women. We firmly believe that if the provisions repealing section 139 are not removed, Congress will be putting countless lives at risk in the name of reducing a handful of billets. We urge you to continue the bipartisan Congressional support for independent testing by deleting from your conference report any provisions that would repeal section 139 of Title 10. Thank you for your consideration of this urgent matter. Sincerely, William V. Roth, Jr. Charles E. Grassley. David Pryor. Mr. PRYOR. 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. BINGAMAN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER (Mr. Campbell). Without objection, it is so ordered. ____________________