[Congressional Record Volume 169, Number 197 (Thursday, November 30, 2023)]
[Senate]
[Page S5690]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             NOMINATION OF LIEUTENANT GENERAL TIMOTHY HAUGH

  Mr. WYDEN. Madam President, I must regretfully object to the 
promotion of Lt. Gen. Timothy Haugh to the grade of general and, 
consequently, to be the Director of the National Security Agency--NSA--
and Commander of U.S. Cyber Command.
  In January of 2021, I made public an unclassified memo I received 
from the Defense Intelligence Agency revealing that it was purchasing, 
retaining, and using location data revealing the movements of 
Americans. After receiving that information, I pressed the Department 
of Defense to identify which other Agencies within the Department are 
buying Americans' personal data, including location data and web 
browsing records.
  The Department provided me with that information in March of 2021, 
but marked the information ``Controlled Unclassified Information''--
CUI--a made-up designation with no basis in law. The administration is 
abusing the C-U-I designation to keep this unclassified information 
from the American public. In May of 2021, I wrote to Secretary of 
Defense Austin to urge him to remove the restrictions on that 
information, so that the American people can be told which Agencies are 
buying their information without court oversight and so that Congress 
can conduct appropriate oversight. In August of 2021, I received a 
response letter from the Under Secretary of Defense for Intelligence 
and Security, declining to clear the information for public release.
  In connection with Lieutenant General Haugh's pending promotion to 
lead the NSA, I narrowed my request. I asked that the American people 
simply be provided yes or no answers as to whether the NSA is buying 
their location data and web browsing records. Unfortunately, 
intelligence officials have been unwilling to release even that basic 
information.
  The American people have a right to know whether the NSA is 
conducting warrantless domestic surveillance of Americans in a manner 
that circumvents the Fourth Amendment to the Constitution. Particularly 
as Congress is currently debating extending section 702 of the Foreign 
Intelligence Surveillance Act, Congress must be able to have an 
informed public debate about the scope of the NSA's warrantless 
surveillance of Americans.
  Until the NSA publicly releases the information described above, I 
must object to the Senate proceeding with the Haugh nomination.

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