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Floor Speech

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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.

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.

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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.

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