Wainstein, 44, has been U.S. Attorney in Washington for two years. He also has served in high-ranking posts at the Federal Bureau of Investigation. His nomination, which requires Senate confirmation, was announced Monday by the White House.
The department's National Security Division was included in the Patriot Act renewal that Bush signed last week. The division is part of a reorganization of Justice's counterterrorism and intelligence operations that was recommended by a presidential commission that examined flawed U.S. intelligence on weapons of mass destruction in Iraq.
The new division includes the office that handles applications to the Foreign Intelligence Surveillance Court for warrants for secret searches in terrorism and espionage investigations. The administration bypassed the court in authorizing warrantless eavesdropping by the National Security Agency on communications in which one party was in the United States.