Congressional Record: September 22, 1999 (Senate)
Page S11189-S11201
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000--CONFERENCE REPORT [...] Mr. BINGAMAN. Mr. President, I rise to offer my views on this year's Defense authorization conference report. [...] we have created a real muddle at the Department of Energy in the area of nuclear weapons and their management. We will have to come back in next year's Defense bill to fix it. There is one other issue that we will have to address next year. That is the issue of polygraphs. The section on counterintelligence polygraphs in the conference report is a slight improvement over the corresponding provision in the Senate-passed Defense bill. But there are still fundamental problems with what we are asking DOE to do. We are asking DOE to use polygraphs as a screening tool--the one application where the scientific validity of polygraphs is most suspect. I don't have a big problem with using some forms of polygraphs in the context of an investigation, where there is already evidence of wrongdoing. There is scientific support for that sort of polygraph test. But polygraphs as a screening tool have little or no track record in the scientific literature. We shouldn't be using them in the nuclear weapons complex. And the way that DOE has proposed to use polygraphs in its recent Federal Register notice goes beyond what we actually call for in this bill. I have taken a public position in opposition to this proposed DOE rule on polygraphs, because it is not based on sound science and does not represent reasoned decision making, in my view. I hope that DOE will rethink its proposed rule. This conference report, although it encourages the use of screening polygraphs, also gives DOE the flexibility to study the matter further. I hope that DOE will seek review from the National Academy of Sciences on the reliability of the types of polygraph screening it plans to implement. I also recommend that the DOE reconstitute and reconvene the Chiles Commission to study the rule's likely impact on the critical human resources needed to ensure the safety and reliability of the nuclear weapons stockpile. The Senate could, in my view, profit from such studies in revisiting this issue in next year's Defense bill. [...]