[Congressional Record Volume 165, Number 180 (Tuesday, November 12, 2019)]
[Senate]
[Pages S6498-S6500]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                       Nomination of Chad F. Wolf

  Ms. ROSEN. Mr. President, I rise today in opposition to this 
administration's nomination of Chad Wolf to be Under Secretary for 
Strategy, Policy, and Plans at the Department of Homeland Security. I 
stand here today opposed not only to Mr. Wolf's nomination but also to 
the way in which this administration is circumventing the 
constitutional requirement of advice and consent to make Mr. Wolf the 
head of the third largest Department in the Federal Government.
  By the President's own admission, Mr. Wolf is slated to immediately 
be appointed to serve indefinitely in the position of Acting Secretary 
of Homeland Security. Thus, our votes tonight and tomorrow are 
effectively to confirm Chad Wolf to be Acting Secretary of the entire 
Department of Homeland Security, despite limited vetting, no committee 
vote, and no confirmation hearing for this position.
  But this is about more than just an egregious attempt to bypass the 
Senate's role of advice and consent for Cabinet nominees. Rather, this 
evening's vote will advance a nominee who played an integral role in 
this administration's cruel family separation policy, and tonight's 
vote is about the refusal of this administration to address its 
treatment of detained children.
  That is why I was so disappointed to see cloture filed on Chad Wolf's 
nomination. I placed a hold on Mr. Wolf's nomination to be Under 
Secretary as a result of the ongoing humanitarian crisis at the 
southern border, which began and grew during Mr. Wolf's tenure as chief 
of staff to DHS Secretary Nielsen.
  Between July 2017 and June 2018, while Mr. Wolf held the position of 
chief of staff, 2,800 migrant children were separated from their 
parents and held in DHS custody under this administration's cruel, so-
called ``zero tolerance'' immigration policy.
  Even today, we don't know the extent of the damage. Just last week, 
reports identified 1,500 more children who were separated from their 
parents during that time. We do, however, know from emails that Chad 
Wolf played a leading role in developing, suggesting, and implementing 
this inhumane policy.
  When I asked him if he had helped to develop the administration's 
family separation policy, he said: ``No, ma'am.'' When I asked him if 
he had concerns with the policy of indefinitely separating children 
from their parents, Mr. Wolf said: ``My job wasn't to determine if it 
was the right or wrong policy.''

[[Page S6499]]

  When I asked him how he became aware of the policy, he stated that he 
learned about it in April of 2018. Emails now show that Mr. Wolf had 
been participating in meetings discussing family separation as far back 
as December of 2017. The emails showed that Mr. Wolf provided then-
Secretary Nielsen a list of 16 options to limit immigration, one of 
which was to separate families.
  Even before these emails came to light, I found Mr. Wolf's failure to 
take responsibility for his direct involvement in the administration's 
cruel family separation policy to be both misleading and disingenuous, 
which is why I voted against his nomination in committee.

  I also placed a hold on both Mr. Wolf's nomination and that of DHS 
CFO nominee Troy Edgar until the inhumane and substandard conditions 
for children at CBP processing and detention facilities improved 
significantly. Reports from journalists, attorneys, and advocates 
detailed ongoing horrific conditions, making it clear that DHS was not 
taking the actions needed to care for and treat migrant children at the 
southern border.
  I witnessed these conditions firsthand. When I toured detention 
facilities at the border earlier this year, what I saw was entirely 
consistent with the news and DHS inspector general reports about the 
horrific and inhumane conditions there: children freezing, scared, and 
unsure of what would happen to them next. The children didn't know if 
they would ever see their parents again. Even the parents didn't know 
when their next meal would be, when their next shower would be, and how 
long they would be there. The anxiety and despair was palpable.
  Amidst this crisis at the border, I placed a hold on Mr. Wolf. My 
requests of the Department were simple--that every child under the care 
of the United States of America be treated humanely. I requested that 
DHS hire more pediatricians for CBP facilities, that they bring on 
child welfare professionals to care for and provide services to the 
children in CBP custody, and that they increase NGO access to CBP 
facilities.
  Regarding these specific requests, DHS has not adequately addressed 
the concerns. This is why I maintain my hold on Mr. Wolf's nomination 
and why my hold on Mr. Edgar will remain until these conditions 
improve.
  With this in mind, we cannot allow a nominee like Mr. Wolf to move 
forward, especially when we know he is going to be moved right up to 
Acting Secretary, a position where the President can keep him 
indefinitely without a confirmation hearing and without the advice and 
consent of the Senate.
  It is an end run around our constitutional role, one of the most 
important checks we have on the executive branch. It is also not the 
process we should accept for filling a Cabinet-level position in the 
third largest Department in the Federal Government, one charged with 
the critical job of protecting our homeland.
  I urge my colleagues on both sides of the aisle to vote against 
cloture on Mr. Wolf's nomination tonight and against his confirmation 
tomorrow, and I pledge to work with all of you and the administration 
to identify nominees to lead the Department whom we can all support.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. JOHNSON. Mr. President, I rise today to ask the Senate to confirm 
Mr. Chad Wolf to be the Under Secretary of the Office of Strategy, 
Policy, and Plans at the Department of Homeland Security.
  The Under Secretary of the Office of Strategy, Policy, and Plans 
leads an office of over 150 employees with an annual budget of over $37 
million to develop and implement DHS policy, long-term goals, and 
strategic plans. Chad Wolf has extensive experience in homeland 
security policy, starting in 2002 working as the chief of staff helping 
to stand up the new Transportation Security Administration after 9/11 
and then as the Assistant Administrator for that agency.
  He left government and spent over a decade working on homeland 
security policy issues as a consultant in the private sector. Mr. Wolf 
returned to public service and the Department of Homeland Security in 
2017, serving as chief of staff at TSA, chief of staff to the 
Secretary, and now as the Assistant Secretary of Strategy, Plans, 
Analysis & Risk. Since February of this year, he has been the senior 
official performing the duties of the Under Secretary of the Office of 
Strategy, Policy, and Plans, the office for which we are now 
considering his nomination.
  The Senate Committee on Homeland Security and Governmental Affairs 
approved his nomination on a bipartisan basis on July 24. As we all 
know, the Department has a number of Senate-confirmed leadership 
positions vacant. Currently, 7 of the 18 DHS offices requiring Senate 
confirmation are vacant. Three of those vacant positions have nominees 
that have been languishing on the Senate floor for months after being 
approved by my committee with bipartisan support.
  Mr. Wolf's nomination has been pending in the Senate for almost 9 
months. Troy Edgar, the nominee to be the Department's Chief Financial 
Officer, has been pending in the Senate for 8 months, and William 
Bryan, the nominee to be Under Secretary for Science and Technology, 
has been pending for over 4 months. All three nominees were approved by 
my committee with bipartisan support. We are holding a hearing to 
consider Mr. Peter Gaynor as the President's nominee to head FEMA this 
week.
  Dedicated Americans serving at DHS in acting positions are doing 
admirable jobs under oftentimes difficult circumstances. I trust that 
Chad Wolf will do the same if he is asked to step aside from his role 
as Under Secretary to serve temporarily as Acting Secretary upon Kevin 
McAleenan's departure.
  I fully expect and I call upon the President to nominate a permanent 
Secretary for the Department of Homeland Security. When he does, my 
committee will consider the nominee expeditiously. We need confirmed 
leadership at DHS to help direct the Department as it works to keep 
Americans safe.
  We need confirmed leadership at DHS to help direct the Department as 
it works to keep Americans safe. I am grateful to Chad Wolf for his 
willingness to serve in this position, and I encourage my colleagues to 
support his confirmation.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. PETERS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. PETERS. Mr. President, today, I rise to oppose the nomination of 
Chad Wolf. Officially, we are considering Mr. Wolf's nomination to 
serve as Under Secretary for Strategy, Policy, and Plans at the 
Department of Homeland Security. In that role Mr. Wolf would lead the 
DHS policy office, an important but little-known part of the 
Department.
  However, that is not the role that Mr. Wolf will actually have. We 
have recently learned that the President has much bigger plans for Mr. 
Wolf. The President plans to make Mr. Wolf the next Acting Secretary 
for the entire Department of Homeland Security. Instead of running the 
policy office, which has a staff of about 160 people and an annual 
budget of $35 million, Mr. Wolf will lead all of DHS, the third largest 
executive agency, with a 240,000-person workforce and a budget of over 
$75 billion.
  Let's be clear, for all intents and purposes, we are essentially 
about to vote on the confirmation of a new Secretary of Homeland 
Security, a position responsible for protecting this Nation from a vast 
and evolving array of threats. Despite the importance of this position 
and this vote, we have not been given a full opportunity to 
meaningfully examine Mr. Wolf's ability to take on this profoundly 
important and challenging role.
  Based on my evaluation of his qualifications to serve as Under 
Secretary, I do not believe Mr. Wolf has the experience needed to lead 
this critical Cabinet Department.
  I would like to recognize that Mr. Wolf does have several years of 
Homeland Security policy experience. In his

[[Page S6500]]

current role within the Department's policy office, Mr. Wolf has 
engaged in productive dialogue with the Homeland Security Committee. In 
particular, I have personally appreciated his willingness to recognize 
the growing threat of domestic terrorism and White supremacist violence 
and the need for the Department to do more to keep our communities 
safe.
  However, Mr. Wolf's tenure as chief of staff to former DHS Secretary 
Nielsen raises serious concerns about his judgment and, in particular, 
his involvement in some of this administration's most misguided and 
harmful policies. As part of the Senate's constitutional responsibility 
to provide advice and consent, I have repeatedly asked DHS to provide 
documents directly related to Mr. Wolf's time as Secretary Nielsen's 
top adviser. However, the Department has failed to comply, leaving 
Congress without the information needed to fully and fairly evaluate 
Mr. Wolf's qualifications to serve as Under Secretary, let alone run 
the entire Department of Homeland Security.
  Unfortunately, this disregard for Congress's constitutional role as a 
check on the executive branch is not an isolated occurrence. Instead, 
it appears to be a defining feature of this administration.
  The Constitution requires that the President's nominees to hold key 
positions receive the advice and consent of the Senate. The Framers 
knew this arrangement was necessary to ensure that those who hold the 
most powerful and influential positions in government are accountable 
not solely to the President but to Congress and, most importantly, to 
the American people.
  However, this President has shown a willingness to abandon the 
foundational principle of advice and consent and to test the limits of 
his legal authority to unilaterally install acting officials of his 
choosing. This has resulted in far too many critical positions going 
unfilled.
  At the Department of Homeland Security, all three top positions--
Secretary, Deputy Secretary, and Under Secretary for Management have 
been vacant for more than 7 months, and the President has yet to name a 
nominee for any of those roles. Other key DHS components have seen 
temporary leaders come and go for months--even years--without a nominee 
for the Senate to consider. This President has declared that he prefers 
``acting'' officials because it ``gives [him] more flexibility.''
  Leadership turnover and acting officials are a part of every 
administration, but widespread and deliberate reliance on temporary 
leaders defies the constitutional principle of advice and consent, 
harms the Department's critical national security missions, and puts 
the American people at risk. The dedicated men and women at DHS who are 
working tirelessly to keep our country safe deserve much better. The 
American people deserve much better.
  To his credit, I believe Mr. Wolf recognizes the untenable situation 
caused by the President's refusal to submit nominees to the 
Department's highest offices. When asked about the impact of vacancies 
across the top ranks of DHS, he stated ``I believe having Senate-
confirmed leaders in the senior levels of any cabinet agency is a 
benefit to the morale of the workforce and the success of the agency.''
  I continue to urge the President to nominate qualified, principled 
leaders to lead the Department of Homeland Security. I remain committed 
to working with my colleagues on both sides of the aisle to carry out 
our constitutional duty to provide advice and consent by promptly, 
fairly, and thoroughly vetting the President's nominees. I am also 
committed to working across the aisle in Congress to ensure that the 
Department of Homeland Security has the resources and authorities it 
needs to keep Americans safe and to provide oversight--robust 
oversight--of the Department's actions and use of taxpayer dollars.
  I have sought to fully and carefully weigh Mr. Wolf's qualifications 
for Policy Under Secretary. Unfortunately, due to the lack of 
transparency in Mr. Wolf's involvement in very troubling Department 
decisions, I cannot support his current nomination, much less his 
elevation to Acting Secretary.
  If he is confirmed, I will do my part to support Mr. Wolf and help 
him be successful in an incredibly important job while also working to 
hold him accountable. But today, I will be voting no on his 
confirmation, and I urge my colleagues to do the same.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. CRAPO. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.