[Congressional Record Volume 168, Number 73 (Tuesday, May 3, 2022)]
[Senate]
[Pages S2257-S2258]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



             Unanimous Consent Request--Executive Calendar

  Mr. WARNER. Mr. President, I rise today to call for the rapid 
confirmation of Kenneth Wainstein to be Under Secretary for 
Intelligence and Analysis at the Department of Homeland Security.
  The Under Secretary for Intelligence and Analysis, or I&A, sits at a 
critical juncture--between the analytic work of the intelligence 
community and the information-sharing role of the Department of 
Homeland Security.
  The Under Secretary receives and analyzes intelligence and law 
enforcement information related to Homeland Security and ensures its 
prompt dissemination throughout the Department as well as to Federal, 
State, local, and Tribal departments that need this information to 
protect our Nation.
  The nominee, who has been before our committee and passed out, comes 
with an incredible background for this position. Ken Wainstein served 
the United States throughout his career as a Federal prosecutor, at the 
highest levels of the FBI as general counsel and Chief of Staff to FBI 
Director Robert Mueller, as U.S. attorney for DC, and as the first-ever 
Assistant Attorney General of the Justice Department's National 
Security Division, and as Homeland Security Advisor to President George 
W. Bush.
  The truth is, after a remarkable career, he went into the private 
sector, and the fact that he is willing to come back and serve this 
administration, although he was a career official on the other side, 
speaks to his character.
  The role of heading DHS intelligence is not without challenges, which 
is why we need this confirmed Under Secretary. The I&A mission 
continues to evolve and mature since its creation in the aftermath of 
the 9/11 attacks, and there is a clear tension between its dual 
missions: national intelligence and departmental priorities.
  Some Members, including myself, were very unhappy with the I&A's 
operations in Portland in 2020, and then disappointed that the I&A 
provided next to no warning about what was to come on January 6, 2021. 
These episodes clearly reveal work needs to be done to improve DHS and 
I&A in particular.
  At the same time, we all know the First Amendment protects Americans' 
right to free speech and nonviolent, peaceful protest, and a 
fundamental role of our government is to defend the Constitution, 
including these First Amendment rights.
  As the confirmed head of DHS's intelligence operation, Mr. Wainstein 
will be charged with ensuring that DHS I&A keeps upholding those 
standards and protects civil rights, while also ensuring that I&A's 
work is completely apolitical.
  To summarize, the role of the Under Secretary for Intelligence and 
Analysis is critical for the Department of Homeland Security and the 
country.
  Consequently, I ask unanimous consent that notwithstanding rule XXII, 
the Senate consider the following nomination: Calendar No. 792, Kenneth 
L. Wainstein, of Virginia, to be Under Secretary for Intelligence and 
Analysis at the Department of Homeland Security; that the Senate vote 
on the nomination without intervening action or debate; that the motion 
to reconsider be considered made and laid upon the table; and that any 
statements relating to the nomination be printed in the Record.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Kentucky.
  Mr. PAUL. Mr. President, reserving the right to object, we learned 
last week that the Department of Homeland Security has established a 
``Ministry of Truth.'' They are calling it the Disinformation 
Governance Board--how Orwellian.
  Now, the details are scarce of this effort, but one would assume that 
the DHS Intelligence and Analysis would be part of that effort.
  The nominee being considered today was one of the architects of 
George W. Bush administrations's bulk metadata collection at the NSA--
what a great recommendation for him. Sarcasm included--which gathered 
the private electronic communications of millions of Americans without 
warrant.
  Is this someone we would want to be involved in the Biden 
administrations's new ``Ministry of Truth''?
  I will not provide my consent to expanding the surveillance state and 
the suppression of First and Fourth Amendment rights of Americans.
  I oppose this nominee and object.

[[Page S2258]]

  The PRESIDING OFFICER. Objection is heard.
  Mr. WARNER. Mr. President, I think we have an incredible nominee in 
Mr. Wainstein. He has served our government in the Justice Department 
at the FBI at virtually every level.
  I think if my colleague, the Senator from Kentucky, is concerned 
about this, we ought to have somebody who is confirmed in this role.
  And I would acknowledge that there are Members who share his concerns 
about First Amendment rights, including one of the members of our 
committee who has worked through Mr. Wainstein and was part of the 
group that unanimously voted to move him forward.
  I am disappointed by the objection, and, unfortunately, both the 
security of our country and, candidly, the protection of those First 
Amendment rights is undermined by not having this nominee in place.
  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. BROWN. 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. BROWN. Mr. President, I ask consent to speak for up to 2 minutes 
on the nomination.
  The PRESIDING OFFICER. Without objection, it is so ordered.