In an unusual coupling of issues, the House Committee on Oversight and Government Reform grilled several senior Education Department officials about the agency's cybersecurity failings and an ethics probe into agency CIO Danny Harris.

The three-hour hearing seesawed back and forth between the department's cybersecurity woes and Harris' relationship with a vendor and income he earned detailing cars and installing home entertainment systems, though most of the committee's questions centered on the CIO.

Watch: Investigation of Education Department CIO

Committee Chairman Rep. Jason Chaffetz, R-Utah, tied the department's IT failings directly to Harris, alleging the agency would have better cybersecurity posture and IT management under someone else.

"Harris has served as the department CIO since 2008 and by virtually every metric he is failing to adequately secure the department's systems," he said, citing the department's negative scores during the 30-Day Cyber Sprint and a failing grade on the FITARA scorecard. "When the CIOs fail to bring both high management and ethical standards to their work, institutions suffer, systems are weakened and the data of millions of Americans are endangered."

While investigating anonymous complaints, the Education inspector general found that Harris was doing detailing and audio/visual installation on the side between 2008 and 2012 and using department employees as contractors for some of the work. The review also found Harris at times used department resources — mostly email and computers — to facilitate some of this work.

During the hearing and in prepared testimony, Harris defined these activities as "hobbies" rather than a side business.

"I believe that concerns were raised by the investigation about my conduct with respect to that in my personal time I enjoy detailing cars and that — prior to the investigation — I had also enjoyed installing audio/visual equipment," Harris told the panel. "Many staff members at the department were aware of these hobbies and two individuals in particular were interested in learning more about these activities."

Harris said he believed he was helping those employees cultivate new skills, though he admitted it was "poor judgment" to compensate them for the work.

Harris also failed to properly report this income to the IRS and the Education Department's ethics office, which requires employees to disclose income over $200. Harris said the income from these "hobbies" represented about 1 percent of his annual income or $4,000 a year on average over the course of 10 years.

The committee also questioned Harris on his friendship with a vendor who holds multiple contracts with the department.

Harris told the committee he was acquainted with the vendor as early as 2001, however the friendship did not blossom until 2008 when they lived in the same neighborhood. He was adamant that the friendship did not lead to any special consideration, as Harris does not work directly with the acquisition teams as CIO.

To avoid any appearance of impropriety, Harris said he ended the relationship in 2013.

Chaffetz noted the inspector general's findings that Harris violated at least 12 laws and regulations, however the Department of Justice declined to prosecute.

Instead, Harris was subjected to internal counseling on appropriate ethical standards and how to properly report additional income.

Acting Education Secretary John King — who served as deputy secretary until Arne Duncan stepped down at the end of 2015 — said he was troubled to learn of the IG investigation but couched the findings in the context of Harris' long career with the department.

"I considered this matter in the overall context of Dr. Harris' more than 30-year career with the department," King said, noting Harris was promoted by administrations from both parties and that the investigation did not find cause for disciplinary action. "I considered all of these factors, along with the fact that the actions in question had occurred several years earlier, had since ceased and that Dr. Harris took immediate responsibility for his actions … Based on these facts I determined the appropriate course of action was to supplement the counseling Dr. Harris received."

Members of the Oversight Committee were unmoved.

"I don't think you could find more ineptness or misconduct with any senior employee that's come before us," said Rep. John Mica, R-Fla. "There's no reason Mr. Harris shouldn't be fired."

In response to a question from Rep. Stacey Plaskett, D-NY, King said the counseling was humbling for Harris. Plaskett pushed back against the assertion.

"I don't think counseling is humbling," she said. "It's just a way to keep your job."

King countered that Harris showed obvious remorse for his actions and "the message around ethical conduct is clear" to him and his subordinates.

"Mr. King, you are enabling this," Chaffetz said toward the end of the hearing. "You were put in a place of trust by the president and you are failing."

Addressing Education Department employees, Chaffetz said his committee is focused on helping them do their jobs better, especially those working to bolster the agency's cybersecurity posture.

"We're trying to fix it but the problem is sitting right here," he said, point to King, Harris and Assistant General Counsel for Ethics Susan Winchell.

"You're misusing American taxpayer dollars. We have vulnerabilities that are just unbelievable and we will continue to pursue this," he added. "You better hope none of that data gets out there."

About Aaron Boyd

Aaron Boyd is an awarding-winning journalist currently serving as editor of Federal Times — a Washington, D.C. institution covering federal workforce and contracting for more than 50 years — and Fifth Domain — a news and information hub focused on cybersecurity and cyberwar from a civilian, military and international perspective.

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