Barton, Whitfield Ask Bodman To Seek NNSA Chief's Resignation

WASHINGTON - U.S. Reps. Joe Barton, R-Texas, and Ed Whitfield, R-Ky., today sent a letter to Department of Energy Secretary Samuel Bodman asking him to request either the resignation of Linton Brooks, the administrator of the National Nuclear Security Administration, or his firing by President Bush.

The House Energy and Commerce Subcommittee on Oversight and Investigations learned earlier this month that the personnel records of at least 1,500 DOE contractors were stolen by a hacker. The breach happened in the National Nuclear Security Administration. In response, Barton, chairman of the Energy and Commerce Committee, recommended that Brooks resign.

"You're the No. 1 manager in the department for these issues," Barton said at the June 9 hearing. "I don't know what to say other than it will be my strong recommendation after I've had a consultation with the ranking member, Mr. Dingell, that you be removed from your office as expeditiously as possible."

June 21, 2006

The Honorable Samuel W. Bodman
Secretary
U.S. Department of Energy
1000 Independence Avenue, SW
Washington, DC 20585

Dear Secretary Bodman:

On June 9, 2006, during a hearing before the Subcommittee on Oversight and Investigations, Ambassador Linton Brooks, Administrator of the National Nuclear Security Administration (NNSA), testified that in October 2005 he notified Deputy Secretary Clay Sell that the unclassified computer network at the Department of Energy (DOE) had been successfully penetrated.  However, Administrator Brooks inexplicably neglected to ever notify you or the Deputy Secretary that this external hacker removed a file containing the names, social security numbers, and other personnel data of over 1,500 NNSA contractors and Federal employees. In fact, Administrator Brooks also testified that he first learned of the file removal in September 2005.  You said that you only learned about this loss of information earlier that week and immediately directed your staff to notify this Committee. 

            During both the open and closed sessions of the Subcommittee hearing, Administrator Brooks had several opportunities to explain his failure to notify you or the Deputy Secretary of this serious loss of sensitive information, and the failure to keep you apprised in a timely manner of further developments regarding the incident.  It was shocking and very disappointing to Subcommittee Members that Administrator Brooks could not offer any reasonable explanation for letting nine months elapse without ever ensuring that you had the information necessary to fulfill your responsibilities to the President of the United States and the American people.  What is more, Administrator Brooks seemed almost oblivious to this incident's serious personal privacy implications.    

Although Administrator Brooks knew about this loss of information in September 2005, he failed to inform either you or the Congress.  For that dereliction of duty, and for the serious consequences that arise from such dereliction, I urge that you ask for his resignation forthwith or request his removal from office by the President.  His conduct has substantially undermined both your constitutional obligations and those of the United States Congress, and the American people expect their public servants to be held fully accountable for their actions.

The fact and nature of this successful breach and loss of sensitive information should have been provided to the Committee immediately.  Of course, we cannot expect you or your staff to tell us something you do not know, but when the Committee is not apprised of the details of such an incident, the Department impedes our ability to conduct meaningful oversight on such a critical matter, and undermines those constitutional obligations. 

As you are not doubt aware, there has been ample opportunity and reason to provide this information to the Committee. Over the last several months, the Committee has been aggressively examining this area and Committee staff has received numerous briefings from various divisions of DOE regarding network and cyber-security.  During the past six months, Committee staff has received approximately two dozen cyber-security briefings from multiple NNSA and DOE officials - including meetings specifically addressing the penetration event that led to the theft of this file. It strikes us as likely that Administrator Brooks' decision not to inform you fully of the situation was, at least in part, his maneuvering to allow NNSA staff to deliberately conceal this information from the Committee.  Indeed, Committee staff received information from other sources demonstrating that it was not just Administrator Brooks but also several officials within NNSA and DOE who have known since September 2005 that the file had been removed.

            We are very troubled by these developments.  Clearly, several officials knew of this loss of information for many months but failed to inform you or the Congress.  We would like a full accounting of who knew what and when about the loss of information.  We understand, and are pleased to hear, that you have requested that the Inspector General conduct an investigation of the removal and handling of the personnel files.  We also look forward to your input regarding what other changes within DOE and NNSA must be made to ensure such mistakes are not ever repeated.

  Sincerely,

Joe Barton
Chairman 
Committee on Energy and Commerce

Ed Whitfield
Chairman
Subcommittee on Oversight and Investigations

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