Energy Department might not release disbanded committee’s report

Weeks after the Energy Department's nuclear weapons agency dismissed its independent expert advisory committee, the agency is now evaluating whether to release the principal report by that committee, officials said this week.

"The options are you'll either get the whole report or a sanitized version, or the report will be withheld as 'Official Use Only,'" said an Energy Department official who asked not to be identified.

The National Nuclear Security Administration's 15-member advisory committee finished a report on the agency's activities this past spring. The Federal Advisory Committee Act requires that reports by such committees be made public.

NNSA officials have refused to release it so far, however, saying it is being scrutinized by the administration's general counsel's office.

"Apparently they're giving it to someone who's looking over every word. They've brought a specialist in … a special lawyer with an extra large magnifying glass," the official said.

NNSA's defense programs office has recommended that the 35-page document be withheld on grounds that information contained in it is "dated" and "sensitive," the official said.

The freezing of the report and NNSA's recently reported decision to dissolve the committee in late June have drawn criticism from Representative Edward Markey, D-Mass.

U.S. law requires NNSA to "release copies of any reports, where possible, and send such copies to the Library of Congress," he said in a July 29 statement.

"When [the committee members] submitted the report, they were originally told it would be publicly released. Then it was immediately stamped 'For Official Use Only.' Now, some year and a half later, [NNSA is] finally deciding to do something about it and it's undergoing a review from the general counsel's office," said Markey spokesman Benn Tannenbaum.

Department Seeks to "Close Itself Off"

Markey, in a July 29 letter to Energy Secretary Spencer Abraham, inquired why the report had not been released, why quarterly meetings of the committee ended in May 2002 and why the committee was dismissed in June through e-mail rather than through notification in the Federal Register as required by advisory committee act.

"The Advisory Committee was created under the auspices of the Federal Advisory Committee Act, which means that Congress and the public must be kept informed about the activities-including disbanding-of the committee," he wrote.

Markey added that the Energy Department has endorsed legislation passed by the House this year that would exempt it from the FACA requirements.

That, coupled with the dismissal of the committee, he wrote, "suggest that the Department of Energy is seeking to close itself off from any independent outside expert advice regarding its nuclear weapons programs."

NNSA spokesman Bryan Wilkes said NNSA Administrator Linton Brooks would continue to receive advice from a three-member group called the Nuclear Weapons Council, which consists of the undersecretary of defense for acquisition and technology, the vice chairman of the Joint Chiefs of Staff, and the undersecretary of energy for nuclear security.

"I am uncomfortable with this situation, as the NWC is composed entirely of government officials, and therefore is not really suited to perform the functions of a federal advisory committee," Markey wrote.

He described the committee, appointed by former NNSA Administrator John Gordon, as "the one forum for honest, unbiased external review of its nuclear policies."

Controversial Subjects

The committee's charter required it to evaluate and make recommendations on NNSA activities, including assessments from a policy, performance and scientific perspective of programs, projects and facilities.

Committee members contacted said they did not recall anything particularly controversial about the report.

"I don't think we were exactly trying to burn the house down or anything. I think we were trying to work within the system and be constructive. So I don't think there is anything terribly earthshaking in the report," said Ellen Williams, a University of Maryland physics professor.

The committee did, however, review two initiatives the Bush administration is advocating this year that have been politically controversial: reducing the time needed to prepare for a nuclear test and the Advanced Concepts Initiative, which could include research and development on low-yield nuclear weapons for attacking bunkers and on warheads for destroying deeply buried chemical and biological weapons.

Committee member and University of California at Berkeley professor Raymond Jeanloz said the report, the final version of which he has not seen, might challenge some assumptions the administration has used to argue for those initiatives.

He said, for instance, while administration officials have urged reducing legal restrictions on research and development ostensibly to enable nuclear weapons designers to exercise their skills, the committee found that the initiative mainly involved using old designs.

"Either they're really going to start working on advanced concepts that are really new designs, in which case it seems like they are pushing toward resumption of nuclear testing if we ever put those designs into stockpile. Or, alternatively, this whole story about how we need advanced concepts to exercise the creativity of our designers is really a sham," he said.

Jeanloz said further that the preparation time for resuming nuclear tests was found to be not a question of physical readiness, but rather of diagnosing a suspected problem and developing a test to deal with it.

The committee was told by the national nuclear laboratories that "the nation would be able to perform a test in 3 to 6 months" if the goal was simply to produce an explosion, he said.

"From the labs' point of view, until they know why they would have to have a test to address some hypothetical technical problem, they don't know how long it would take them. So this whole business of a three-year, or a one-and-a-half year, or a half-year delay before they can test is incredibly artificial," he said.

Jeanloz and other committee members said they have not yet concluded that the NNSA's delay indicates an attempt to suppress the results of the report.

"I don't think NNSA is trying to bury things right now. I think they're confused, and in a state of confusion, they can end up doing what I think would hurt them in the long run, which is not to release this whole thing," Jeanloz said.

"At this point, one can say either they are trying to do something illegal or they are just being slow and not being very responsive because that's their nature. I just don't know," said Sidney Drell, a professor of theoretical physics at Stanford University.

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.