Wyden’s full statement for the Congressional Record follows:
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 Lt. Gen. 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.
washingtonexaminer.com
Another senator holds up a key national security nominee, and it’s not Tuberville
by Samantha-Jo Roth, Congressional Reporter, December 01, 2023Sen.
Ron Wyden (D-OR), a key member of the Intelligence Committee, pledged to block a vote confirming President Joe Biden’s pick to lead the National Security Agency and U.S. Cyber Command until he is provided more information about a controversial surveillance practice.
Lt. Gen. Timothy Haugh’s nomination had already been blocked since it was sent to the full chamber in July as a result of Sen. Tommy Tuberville’s (R-AL) hold on all military nominations. Haugh currently serves as deputy commander of U.S. Cyber Command.
Wyden announced he will object to Haugh’s nomination until the Defense Department releases information publicly that acknowledges whether the spy agency bought location data and web browsing records of U.S. citizens, information the senator said he had previously received in 2021.
“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,” he said in a statement.
Wyden’s statement comes after Tuberville signaled he may be ready to drop his nearly 10-month blockade of military promotions as soon as next week as many Senate Republicans have attempted to find an off-ramp for months, and patience is wearing thin. It also comes as congressional leaders are working to find a path forward on the renewal of a major foreign spying tool of the federal government. A short-term extension of the program will expire at the end of the year.
Wyden, the longtime privacy hawk, introduced legislation early last month that would close loopholes that allow data brokers to sell consumer data to law enforcement and federal agencies.
An official at the Department of Defense said they are “aware” of Wyden’s hold.
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“The Department looks forward to working with Senator Wyden to address his concerns. This position plays a critical role in keeping our country safe, and we look forward to working with the Senate to confirm LTG Haugh, someone with deep experience and knowledge of cyber security, as soon as possible,” the official said in a statement.
Wyden’s action means Gen. Paul Nakasone, head of the NSA and Cyber Command, will continue to serve, although his term is already up.
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