Search

Search bills, members, committees and pages...

Hearings to examine the nominations of Michael Kratsios, of South Carolina, to be Director of the Office of Science and Technology Policy, and Mark Meador, of Virginia, to be a Federal Trade Commissioner.

MeetingSenate Commerce, Science, and TransportationFeb 25, 2025 · 10:00 AM

Summary

Senate Commerce, Science, and Transportation held a meeting on Feb 25, 2025 at 10:00 AM in Russell Senate Office Building, Room 253.


Record

The meeting has its transcript on the record.

Transcript

The transcript runs to 7,034 lines and 375,109 characters, as the Government Publishing Office printed it.

senate-hearing-62169.txt
1[Senate Hearing 119-219]2[From the U.S. Government Publishing Office]34                                                        S. Hrg. 119-21956                    NOMINATION OF MICHAEL KRATSIOS,7               NOMINEE TO BE DIRECTOR, OFFICE OF SCIENCE8                AND TECHNOLOGY POLICY; AND MARK MEADOR,9                     NOMINEE TO BE A COMMISSIONER,10                        FEDERAL TRADE COMMISSION1112=======================================================================1314                                HEARING1516                               BEFORE THE1718                         COMMITTEE ON COMMERCE,19                      SCIENCE, AND TRANSPORTATION20                          UNITED STATES SENATE2122                    ONE HUNDRED NINETEENTH CONGRESS2324                             FIRST SESSION2526                               __________2728                           FEBRUARY 25, 20252930                               __________3132    Printed for the use of the Committee on Commerce, Science, and33                             Transportation3435[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]3637                Available online: http://www.govinfo.gov3839                                __________4041                   U.S. GOVERNMENT PUBLISHING OFFICE4262-169 PDF                  WASHINGTON : 20254344-----------------------------------------------------------------------------------4546       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION4748                    ONE HUNDRED NINETEENTH CONGRESS4950                             FIRST SESSION5152                       TED CRUZ, Texas, Chairman53JOHN THUNE, South Dakota             MARIA CANTWELL, Washington,54ROGER WICKER, Mississippi                Ranking55DEB FISCHER, Nebraska                AMY KLOBUCHAR, Minnesota56JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii57DAN SULLIVAN, Alaska                 EDWARD MARKEY, Massachusetts58MARSHA BLACKBURN, Tennessee          GARY PETERS, Michigan59TODD YOUNG, Indiana                  TAMMY BALDWIN, Wisconsin60TED BUDD, North Carolina             TAMMY DUCKWORTH, Illinois61ERIC SCHMITT, Missouri               JACKY ROSEN, Nevada62JOHN CURTIS, Utah                    BEN RAY LUJAN, New Mexico63BERNIE MORENO, Ohio                  JOHN HICKENLOOPER, Colorado64TIM SHEEHY, Montana                  JOHN FETTERMAN, Pennsylvania65SHELLEY MOORE CAPITO, West Virginia  ANDY KIM, New Jersey66CYNTHIA LUMMIS, Wyoming              LISA BLUNT ROCHESTER, Delaware67                 Brad Grantz, Republican Staff Director68           Nicole Christus, Republican Deputy Staff Director69                     Liam McKenna, General Counsel70                   Lila Harper Helms, Staff Director71                 Melissa Porter, Deputy Staff Director72                     Jonathan Hale, General Counsel7374                            C O N T E N T S7576                              ----------77                                                                   Page78Hearing held on February 25, 2025................................     179Statement of Senator Cruz........................................     180    Letter to Hon. John Thune and Hon. Ted Cruz from the81      undersigned right-of-center groups and individuals: Chris82      Koopman, Executive Director, Abundance Institute; Brian83      Chau, Executive Director, Alliance for the Future; Nick84      Solheim, Chief Executive Offi cer, American Moment; Jon85      Schweppe, Policy Director, American Principles Project;86      Grover Norquist, President, Americans for Tax Reform; Aiden87      Buzzetti, President, Bull Moose Project; Bill Drexel,88      Fellow, Center for New American Security; Nathan Leamer,89      Executive Director, Digital First Project; James Erwin,90      Director, Digital Liberty; Neil Chilson, Fmr. Chief91      Technologist, Federal Trade Commission; Zach Graves,92      Executive Director, Foundation for American Innovation;93      Michael Toscano, Executive Director, Institute for Family94      Studies; Nate Fischer, CEO, New Founding; Tom Hebert,95      Director, Open Competition Center; and Dan Savickas, Vice96      President of Policy and Government Affairs, Taxpayers97      Protection Alliance........................................    8798    Letter to Hon. John Thune, Hon. Chuck Schumer, Hon. Ted Cruz99      and Hon. Maria Cantwell from the undersigned founders,100      investors, executives, and technologists: Zak Kukoff,101      Chair, Tech Practice, Lewis-Burke Associates; Joshua102      Steinman, Former Deputy Assistant to the President for103      National Security Affairs; Michael Gibson, Co-Founder, 1517104      Fund; Zak Slayback, Partner, 1517 Fund; Anitha Vadavatha,105      Founder, AB Plus Ventures; Shivdev Rao, CEO, Abridge AI106      INC; Bala Chandrasekaran, Partner, Alt Capital; Jack107      Altman, Managing Partner, Alt Capital; Patrick Blumenthal,108      Founder, Anomaly Fund; Jordan Bramble, CEO, Antares; Jack109      Clark, Co-Founder and Head of Policy, Anthropic; Nathaniel110      Blake Scholl, Founder/ CEO, Boom Supersonic; Brandon Yan,111      Treasury Manager, Elastic; Blake Pierson, Co-Founder & CEO,112      Fathom; Dylan Field, CEO, Figma; Nick Allen, President,113      Frontier Foundation; Teresa Carlson, President, General114      Catalyst Institute; Stuart Buck, Executive Director, Good115      Science Project; Christopher Power, CEO and Founder,116      Hadrian; Joseph Malchow, General Partner, Hanover; Peter117      Chandler, Executive Director, Internet Works; Austin118      Bishop, CEO, New American Industrial Alliance; Richard119      Fuisz, CEO, Nonfiction Labs; Jacob DeWitte, CEO, Oklo;120      Camilo Acosta, Managing Director, Perceptive Ventures;121      Garry Tan, Y Combinator, President and CEO; Christopher122      Grieco, General Counsel and Chief Compliance Officer, Rain;123      Charles Lindsay, Artist, SETI Institute; Ron Conway,124      Founder and Managing Partner, SV Angel; Austin Bishop,125      General Partner, Tamarack Global; Kempton White, Founder &126      CEO, The Emissions Capture Company Group Limited; Brandon127      Palumbo, Director of Policy & Government Relations, Travel128      Technology Association; Andrew Antar, Founder, Tune.FM; Ash129      Shrivastav, Managing Partner, Uma Ventures; Laurent130      Crenshaw, President, Visionary Strategic Advisors; Jennifer131      Pahlka, Author, Recoding America; Fmr. US Deputy CTO;132      Delian Asparouhov, Co-Founder and President, Varda Space133      Industries; Partner, Founders Fund.........................    89134    Letter dated January 23, 2025 to Hon. Ted Cruz and Hon. Maria135      Cantwell from Paul Stimers, Executive Director, Quantum136      Industry Coalition.........................................    91137    Letter dated January 24, 2025 to Hon. Ted Cruz and Hon. Maria138      Cantwell from Farnam Jahanian, President, Henry L. Hillman139      President's Chair, Carnegie Mellon University..............    92140    Letter dated January 27, 2025 to Hon. Ted Cruz from Savas C.141      Tsivicos, National President, Order of AHEPA...............    93142    Letter dated January 27, 2025 to Hon. John Thune, Hon. Ted143      Cruz and Hon. Maria Cantwell from Celia Merzbacher,144      Executive Director, Quantum Economic Development145      Consortium, SRI International..............................    94146    Letter dated January 27, 2025 to Hon. Ted Cruz and Hon. Maria147      Cantwell from the undersigned associations and groups:148      Morgan Reed, President, ACT | The App Association; Meredith149      Attwell Baker, President and CEO, CTIA; Susan Miller,150      President and CEO, ATIS | Alliance for Telecommunications151      Industry Solutions; Zach Graves, Executive Director,152      Foundation for American Innovation; Brian Darmody, Chief153      Strategy Officer, AURP | Association of University Research154      Parks; Christian Dawson, Executive Director, Internet155      Infrastructure Coalition; Victoria Espinel, CEO, Business156      Software Alliance; The Honorable Chip Pickering, CEO,157      INCOMPAS; The Honorable Deborah L. Wince-Smith, President158      and CEO, Council on Competitiveness; Jason Oxman, President159      and CEO, Information Technology Industry Council; Coach160      Kathy Kemper, Founder and CEO, Institute for Education;161      Matt Schruers, President and CEO, Computer & Communications162      Industry Association; Paul Sanberg, President, National163      Academy of Inventors; Gary Shapiro, CEO and Vice Chair,164      Consumer Technology Association; Bobby Franklin, CEO,165      National Venture Capital Association; Julius Krein, Chair166      of Board of Directors, New American Industrial Alliance;167      John Neuffer, President and CEO, Semiconductor Industry168      Association; Linda Moore, President and CEO, TechNet;169      Elizabeth A. Hyman, CEO, XR Association....................    96170    Letter dated January 28, 2025 to Hon. Ted Cruz and Hon. Maria171      Cantwell from Deborah L. Wince-Smith, President & CEO,172      Council on Competitiveness.................................    99173    Letter dated January 29, 2025 to Hon. Ted Cruz and Hon. Maria174      Cantwell from Morgan Reed, President, ACT | The App175      Association................................................   100176    Letter dated February 7, 2025 to Hon. Ted Cruz and Hon. Maria177      Cantwell from Barbara R. Snyder, President, Association of178      American Universities......................................   101179    Letter dated February 7, 2025 to Hon. Ted Cruz from Aiden180      Buzzetti, President, The Bull Moose Project; Terry181      Schilling, President, American Principles Project; Julius182      Krein, Editor, The Journal of American Affairs; Josh183      Hammer, Senior Counsel, Article III Project; Oren Cass,184      Founder & Chief Economist, American Compass; Nathan Leamer,185      Executive Director, Digital First Project; Clare Morell,186      Fellow, Ethics and Public Policy Center; Ryan Williams,187      President, Claremont Institute; Rachel Bovard, Vice188      President of Programs, Conservative Partnership Institute;189      Ryan Walker, Executive Vice President, Heritage Action for190      America; and Nick Solheim, CEO, American Moment............   107191    Letter dated February 18, 2025 to Hon. Ted Cruz and Hon.192      Maria Cantwell from Lisa Ellman, Executive Director,193      Commercial Drone Alliance..................................   106194    Letter dated February 19, 2025 to Hon. Ted Cruz and Hon.195      Maria Cantwell from James Grimsley, Regional Innovation196      Officer, Texoma Semiconductor Tech Hub.....................   107197    Letter dated February 21, 2025 to Hon. Ted Cruz and Hon.198      Maria Cantwell from Gregory S. Walden, Counsel, Small UAV199      Coalition..................................................   109200    Letter dated February 24, 2025 to Hon. Ted Cruz and Hon.201      Maria Cantwell from Christopher A. Mohr, President,202      Software & Information Industry Association (SIIA).........   111203    Letter dated February 24, 2025 to Hon. Ted Cruz and Hon.204      Maria Cantwell from Mark Becker, President, Association of205      Public and Land-grant Universities.........................   113206    Letter dated February 24, 2025 to Hon. Ted Cruz and Hon.207      Maria Cantwell from Jonathan Spalter, President anc Chief208      Executive Officer, USTelecom--The Broadband Association....   114209Statement of Senator Cantwell....................................     3210Statement of Senator Blunt Rochester.............................    33211Statement of Senator Fischer.....................................    35212Statement of Senator Baldwin.....................................    36213Statement of Senator Curtis......................................    38214Statement of Senator Lujan.......................................    40215Statement of Senator Hickenlooper................................    42216Statement of Senator Young.......................................    44217Statement of Senator Blackburn...................................    48218Statement of Senator Markey......................................    50219    Analysis published October 2, 2024 entitled, ``Differences in220      misinformation sharing canlead to politically asymmetric221      sanctions'' by Mohsen Mosleh1, Qi Yang, Tauhid Zaman,222      Gordon Pennycook & David G. Rand...........................    52223Statement of Senator Schmitt.....................................    71224Statement of Senator Klobuchar...................................    73225Statement of Senator Moreno......................................    75226Statement of Senator Kim.........................................    77227Statement of Senator Peters......................................    79228Statement of Senator Rosen.......................................    82229Statement of Senator Duckworth...................................    84230231                               Witnesses232233Hon. Bill Hagerty, U.S. Senator from Tennessee...................     5234Hon. Mike Lee, U.S. Senator from Utah............................     6235Michael Kratsios, Nominee to be Director, Office of Science and236  Technology Policy..............................................     7237    Prepared statement...........................................     8238    Biographical information.....................................     9239Mark Meador, Nominee to be a Commissioner, Federal Trade240  Commission.....................................................    19241    Prepared statement...........................................    21242    Biographical information.....................................    22243244                                Appendix245246Response to written questions submitted to Michael Kratsios by:247    Hon. John Thune..............................................   117248    Hon. Jerry Moran.............................................   117249    Hon. Dan Sullivan............................................   121250    Hon. Tim Sheehy..............................................   122251    Hon. Maria Cantwell..........................................   123252    Hon. Amy Klobuchar...........................................   125253    Hon. Brian Schatz............................................   125254    Hon. Edward Markey...........................................   127255    Hon. Gary Peters.............................................   130256    Hon. Ben Ray Lujan...........................................   130257    Hon. John Hickenlooper.......................................   131258    Hon. Lisa Blunt Rochester....................................   132259Response to written questions submitted to Mark Meador by:260    Hon. John Thune..............................................   133261    Hon. Jerry Moran.............................................   134262    Hon. Dan Sullivan............................................   138263    Hon. John Curtis.............................................   138264    Hon. Maria Cantwell..........................................   139265    Hon. Amy Klobuchar...........................................   141266    Hon. Brian Schatz............................................   141267    Hon. Edward Markey...........................................   142268    Hon. John Hickenlooper.......................................   145269    Hon. Lisa Blunt Rochester....................................   146270271                    NOMINATION OF MICHAEL KRATSIOS,272                   NOMINEE TO BE DIRECTOR, OFFICE OF273                     SCIENCE AND TECHNOLOGY POLICY;274                    AND MARK MEADOR, NOMINEE TO BE A275                 COMMISSIONER, FEDERAL TRADE COMMISSION276277                              ----------278279                       TUESDAY, FEBRUARY 25, 2025280281                                       U.S. Senate,282        Committee on Commerce, Science, and Transportation,283                                                    Washington, DC.284    The Committee met, pursuant to notice, at 10:01 a.m., in285room SR-253, Russell Senate Office Building, Hon. Ted Cruz,286Chairman of the Committee, presiding.287    Present: Senators Cruz [presiding], Fischer, Blackburn,288Young, Schmitt, Curtis, Moreno, Hagerty, Lee, Klobuchar,289Markey, Peters, Baldwin, Duckworth, Rosen, Lujan, Hickenlooper,290Kim, and Blunt Rochester.291292              OPENING STATEMENT OF HON. TED CRUZ,293                    U.S. SENATOR FROM TEXAS294295    The Chairman. Good morning. The Senate Committee on296Commerce, Science, and Transportation will come to order.297    I want to congratulate each of the nominees here today,298Michael Kratsios who has been nominated to lead the White299House's Office of Science and Technology Policy, and Mark300Meador who has been nominated to the Federal Trade Commission.301    Congress has charged both the OSTP and the FTC with duties302that affect the lives of millions of Americans. OSTP advises303the President on Federal science and technology policy. Michael304Kratsios has a distinguished track record of ensuring America305leads globally in emerging technologies.306    His previous tenure as U.S. Chief Technology Officer at307OSTP during the first Trump Administration was marked by308efforts to advance artificial intelligence, quantum computing,309and 5G technology. The story of the 21st century will be310written by whichever nation can innovate the fastest.311    This generation space race is unfolding with technologies312invisible to the naked eye where the winners and the losers313will be separated by mere nanometers. What was once science314fiction is now crucial to maintaining the United States's315position as the world's leading economy.316    Technologies like this new chip I hold in the palm of my317hand, the Majorana 1 quantum chip, are unlocking a new era of318computing that will transform industries from health care to319energy, solving problems that today's computers simply cannot.320    And I will note, by the way, Microsoft tells me this chip321is worth $1 billion, so I very much hope I do not drop it322because my current employer is judgment proof and $36 trillion323in debt.324    [Laughter.]325    The Chairman. This breakthrough is led by an American326company and harnesses a new kind of matter to solve problems327faster than ever before. I would like to thank Senator328Blackburn, who is advancing a reauthorization of quantum329computing research programs, for her leadership on this.330    Advancements in quantum computing, AI, and cybersecurity331will drive innovation, protect the nation, and create new332industries. Now, let me say a few words about the FTC, which333protects American consumers from unfair and deceptive business334practices and anti-competitive behavior.335    Mark Meador is well prepared to serve as a Commissioner and336he should be confirmed. I look forward to hearing that he would337pursue the FTC's mission with impartiality and with respect for338the rule of law.339    As a former Director of the Office of Policy Planning at340the FTC, I have a deep respect for the dedicated professionals341within the agency. I saw firsthand how principled leadership342and a shared commitment to statutory limits can benefit free343enterprise and economic opportunity. But I worry that today's344FTC is a far cry from the agency I once knew.345    For 4 years under Lina Khan, the FTC prioritized activism346over enforcement, disregarded statutory limits, and weaponized347its authority in defiance of Congressional intent. Consider a348few troubling examples.349    The FTC has abused its enforcement powers to target350political opponents of the Biden Administration. It has351attempted to impose competition rulemakings across entire352industries, exceeding its legal mandate.353    It has destroyed documents, obstructing both Congressional354oversight and potential litigation. It has collaborated with355European regulators to apply foreign laws that put American356tech companies at a competitive disadvantage. It has sought to357regulate artificial intelligence in a way that could chill free358speech.359    And it has attempted to impose sweeping data privacy and360security mandates without Congressional approval. Each of these361actions represents a departure from the FTC's historical role362as a nonpartisan enforcer of consumer protection and363competition law.364    Former Commissioner Christine Wilson's resignation365underscored this crisis, and she cited former Chairwoman Khan's366disregard for legal precedent and due process as key factors in367her decision to step down.368    I think that Chairman Andrew Ferguson will restore the369FTC's integrity and its focus. I hope that Mr. Meador can370assist in that effort given his deep understanding of371competition law, regulatory process, and consumer protection.372The FTC must enforce laws as Congress designed, not engage in373ideological experiments.374    I look forward to hearing from both of today's nominees,375learning about their perspectives, and understanding how they376plan to advance the goals of their respective institutions. I377will now turn to Ranking Member Cantwell for her opening378remarks.379380               STATEMENT OF HON. MARIA CANTWELL,381                  U.S. SENATOR FROM WASHINGTON382383    Senator Cantwell. Thank you, Mr. Chairman. And thank you384for being a champion of Washington innovation. I love it. I385usually--that is usually my job, and so love that we have the386dual role here of cheerleading----387    The Chairman. You want to hold the billion-dollar chip?388    Senator Cantwell. Thank you. Thank you so much. Thank you389so much.390    The Chairman. If she drops it, it is not my fault.391    [Laughter.]392    Senator Cantwell. I think we will hold it together393because--because Mr. Chairman, collaboration, I believe, is the394next phase of innovation. And we can talk about that with Mr.395Kratsios--when we get to his segmentation.396    But I really do believe that the state of Washington is397leading in innovation in many, many ways, and so we are very398proud of that. We would like to start, and obviously we are399going to hear from our colleagues, but I will try to be short400with my opening remarks.401    Mr. Meador for the Federal Trade Commission, as you just402mentioned. The Federal Trade Commission has a very big403responsibility on antitrust enforcement, including the five404years that you spent at the FTC.405    And I think you know that it is not just another regulatory406agency. It is a front-line defender of very complex consumer407marketplace issues. I read in your testimony that you really do408believe it's about competition in the marketplace. I do too. I409do too.410    I don't think we can talk enough around here about411competition. And competition gets you great innovation, just412like we just saw, and it also gets you the opportunity to help413us grow our economy and lift more people into the middle class.414    But obviously, markets sometimes have anti-competitive415practices and unfair or deceptive practices. And the FTC, I416believe, is a critically important organization. Things like417the COPPA Rule that protects children's privacy. I saw my418colleague here, but I think he stepped out.419    And its actions to block anticompetitive mergers resulting420in high consumer prices like the Kroger, Albertsons merger421which is a very big issue in the Pacific Northwest for farmers422and consumers. And the litigation against PBMs, my colleague423Chuck Grassley and I just reintroduced legislation on this. So,424with consumers facing increased prices for everything like425food, prescription drugs, gasoline, I do believe it is the426FTC's authority to examine business practices and make sure427that there is not an artificial inflation of prices and holding428businesses accountable when they do harm consumers or429competitors. So, the statistics are alarming.430    The FTC data shows that in 2023, consumers reported losing431$10.4 billion to fraud with a median loss of $500. This is432money consumers don't have to spend on groceries or rent. And433so, I just can't even believe--one day at the airport overheard434a constituent talking about how her aunt had become exploited435by an AI trick where she thought Kevin Costner was going to436come to visit her, and she had shelled out tens of thousands of437dollars too.438    Again, and when I brought this up to Facebook, Meta, they439basically said, oh yes, that is the biggest thing going on now.440I mean, with AI, you are just going to where that you know441people have money.442    So why basically say your software is broke on your443computer and you need to send me $100 to fix it when you can444basically promise somebody that Kevin Costner is going to come445to SeaTac and visit you, and you will pay them tens of446thousands of dollars.447    So, we definitely need an FTC to be the policeman on the448beat and continue to make sure that these pressures facing449consumers are addressed. So, look forward to your conversation.450Turning to the second nominee, Mr. Kratsios--thank you for451wanting to serve again in a capacity I think that you know very452well.453    The CHIPS and Science Act passed by strong bipartisan454support from this committee, recognizes America's scientific455enterprise, the foundation of the future. But obviously, there456are many things that we need to do to continue to test-bed next457generation technologies.458    I am a very big believer in that the private sector is the459main engine of our innovation and capital markets, and that the460United States, even being outsized by some countries, still is461not really an issue if, in fact, we educate, and skill the462talent, and can innovate faster than they can.463    So, this notion of testbeds and hubs and laboratory464research I will be asking you about in the Q&A part of the--of465our questions. These opportunities for us to play our part on466the broader R&D issues is something I believe that the Office467of Science and Technology is so critical to do.468    As President Trump's nominee, you will be the Chief469Scientist advising during this period of remarkable technology470change, and I think that that is why the United States must471keep a very fast innovation pace ahead of our competitors.472    Since you are no stranger, I know you will know more about473how to work those levers, but I do need to hear from you today474that you will be forceful on the investments that we would like475to see in innovation.476    I know that the Trump Administration has said that they477plan to slash the budget of the National Science Foundation by478two-thirds, while implementing sweeping layoffs. I think these479are questions that we will need to know the answer to. In my480state, University of Washington, obviously a big R&D481institution, feels like it is continuing to help us uncover482those important issues that benefit all sectors and increase483America's competitive advantages.484    So, I hope that, as my colleague brought up quantum, that485we will be able to continue the National Quantum Initiative486started under you and your Administration. I was just looking487up the quote that you gave when $625 million was awarded to488various innovative hubs related to quantum out of the DOE489budget.490    So glad to see that you were very enthusiastic about the491Federal Government playing a role on broad quantum R&D492policies. But no doubt, we are in a global race. I know America493is up to it. Look forward to asking you how we continue to make494these investments together--together and collaborate on495actually getting the science implemented. Thank you, Mr.496Chairman.497    The Chairman. Thank you, Senator Cantwell. Now, I would498like to recognize my friend and colleague from the great state499of Tennessee, Senator Hagerty, to introduce Mr. Kratsios.500Senator Hagerty, welcome to the Commerce Committee.501502                STATEMENT OF HON. BILL HAGERTY,503                  U.S. SENATOR FROM TENNESSEE504505    Senator Hagerty. Thank you, Mr. Chairman, Ranking Member506Cantwell. I want to thank you both for hosting this important507confirmation hearing today. It is my great privilege today to508introduce my friend, Michael Kratsios, who is President Trump's509nominee to be the Director of the Office of Science and510Technology Policy.511    The OSTP Director advises the President on key industries512of the future, including artificial intelligence, quantum513computing, 5G, advanced manufacturing, biotechnology, and more.514Indeed, Michael and I worked closely together on 5G and our515telecommunications infrastructure when I served in my previous516role as U.S. Ambassador to Japan.517    Now, more than ever, emerging technologies present us with518immense opportunities to maintain America's global dominance.519At such a critical time, we can't afford to make policy errors520in Washington. That is exactly why we need a leader of521Michael's caliber serving in this vital role.522    While AI has rapidly ascended to become one of America's523most important policy priorities, Michael had the foresight to524see this technology's potential nearly a decade ago, and he has525been working tirelessly on the issue ever since.526    His impressive record of public service in the field of527science and technology policy include his past service as Chief528Technology Officer of the United States, as well as the529Undersecretary of Defense for Research and Engineering.530    In these roles and others, Michael has coordinated public-531private partnerships and served as the architect of national532strategies on AI and quantum technologies. After leaving public533service, he served as Managing Director of Scale AI, helping it534become one of the most valuable and well-respected privately535held AI companies in the world.536    Michael's research outside of the Government provided the537first quantifiable evidence of how banned Chinese technologies538were still being procured by State and local Governments across539the country. He also brought to light the significant risks540posed by PRC manufactured ship to shore cranes in American541ports.542    America must remain the world leader in scientific and543technological innovation. Our national security, our liberty,544and our prosperity depend on it. Michael understands this545mission, and that is why I wholeheartedly support his546nomination. I want to thank my colleagues here today for giving547Michael your deepest consideration.548    The Chairman. Thank you, Senator Haggerty. And now I would549like to recognize my dearest friend in the Senate, the great550Senator from the great state of Utah, Senator Mike Lee, to551introduce his former staffer, Mr. Meador. Senator Lee, welcome552back to the Commerce Committee.553554                  STATEMENT OF HON. MIKE LEE,555                     U.S. SENATOR FROM UTAH556557    Senator Lee. Thank you so much, Mr. Chairman, Chairman558Cruz, and Ranking Member Cantwell, and other members of the559Committee. It really is a great honor and pleasure to be back560in front of the Commerce Committee today to introduce my561friend, a former valued member of my team, Mark Meador, who has562been nominated by President Trump to serve on the Federal Trade563Commission.564    I offer my wholehearted support for Mark for whom I have565great regard. It is also great to have him here with his566family, his wife Adrienne, and their six children, as well as567Mark's parents. And I will note parenthetically here that his568oldest daughter, Constance, already has my pledged support when569she runs for President in 2048. She is smart as a whip.570    Senator Cantwell. Where is she? Let's see the future571President. Right there. OK.572    [Laughter.]573    Senator Lee. She is terrific. If confirmed, Mark will, I574believe, honorably serve the American people as a member of the575Federal Trade Commission. I say this for a number of reasons.576    First, he is an exceptionally talented lawyer. He is a577trusted advocate and a true leader in the field of antitrust578law. His career has been defined by his ability to navigate579some of the most complex questions in antitrust law and580consumer protection matters.581    From his time on my staff here in the Senate to the time582that he spent at the Federal Trade Commission as a lawyer583there, and also as a lawyer in DOJ's Antitrust Division, Mark584has served at the forefront of key consumer protection and585antitrust issues. His vast wealth of experience, with586enforcement and policy in both public service and in private587practice as well, has positioned him to be uniquely qualified588for this new role.589    Shortly after Mark first joined my staff in 2015, I became590immediately impressed by his temperament, his judgment, and his591expertise. He always approached issues based on the facts, and592based on the law, and with really sound judgment. Now, Mark593actually had two stents working in my office, and during these594many years I relied on his sound understanding of antitrust595law.596    But also I found Mark to be somebody on whom I could rely597for advice on pretty much anything and he consistently gave598good advice. It is one of the reasons why, if confirmed as a599member of the Federal Trade Commission, he is going to be a600consensus builder. He will be someone around whom ideas can601coalesce and opinions can form.602    His leadership was felt in the more than 20 subcommittee603hearings for which he helped me prepare, involving some of the604most significant antitrust topics, from mergers to anti-605competitive conduct. His leadership and insight were606invaluable. Mark has a proven track record and extensive607experience in the practice of antitrust law, both inside and608outside of Government.609    Not only does he have experience working for the FTC and610DOJ, and also in the U.S. Senate, but he has got remarkable611success in private practice. His success in private practice612can be attributed to his rare ability to advise his clients not613only on antitrust compliance and litigation, but also on policy614dimensions of offensive and defensive antitrust strategies.615    And I would add here that it has been a tremendous benefit616to him and his clients the fact that he served as a lawyer,617both at DOJ and at FTC working on antitrust matters. His steady618demeanor and temperament, coupled with the ability to blend619legal experience with strategic policy insight, make him620exceptionally qualified to serve as the next FTC Commissioner.621    Mark will ensure that the antitrust and consumer protection622laws are enforced in a fair and principled manner. I have every623confidence in Mark, and I am proud to be here in support of his624nomination. I urge every member of this committee to vote in625favor of Mark's nomination. I look forward to voting for him on626the Senate floor. Thank you.627    The Chairman. Thank you, Senator Lee. And you too are628welcome to stick around, but you can also head on to other629business if your schedule so demands. With that, I recognize630Mr. Kratsios for your opening statement.631632 STATEMENT OF MICHAEL KRATSIOS, NOMINEE TO BE DIRECTOR, OFFICE633                OF SCIENCE AND TECHNOLOGY POLICY634635    Mr. Kratsios. Thank you, Senator Hagerty, for your generous636introduction. And thank you, Chairman Cruz, Ranking Member637Cantwell, and other members of this esteemed committee for638inviting me to appear before you today.639    Let me also give my thanks to my family, some of whom are640in attendance, to my parents, John and Maria, my sister, Katie,641my brother-in-law, Mark, and my beautiful wife, Alyssa. Thank642you. I could not have come this far without your love and643encouragement. It is the honor of my lifetime to sit before644this committee as President Donald J. Trump's nominee for645Director of the Office of Science and Technology Policy.646    In his second inaugural address, the President promised647that his Administration will work to usher in the golden age of648America. I believe in that promise and will dedicate myself to649fulfilling it. In the last Trump Administration, as a fourth650Chief Technology Officer of the United States and an Associate651Director of OSTP, I led national initiatives on artificial652intelligence and quantum information science.653    I promulgated budget priorities that led to the Federal654Government doubling research and development spending in those655areas. I drafted non-regulatory guidance for emerging656technologies to give the public trust in how these technologies657are developed and used. I saw firsthand how the actions that we658took at OSTP could enable new industries to take hold and to659deliver benefits to the American people.660    For a century, the United States has stood at the forefront661of science and technology. We split the atom for war and for662peace. We put man on the moon and brought him back again. And663with the transistor and integrated circuit, we steered the664globe into the digital age. Thanks to these breakthroughs,665Americans have enjoyed unprecedented economic prosperity.666    We must preserve that inheritance to share with future667generations and to ensure that the tools and the technologies668that give shape to our world always help people live669productive, meaningful lives. In recent years, other countries670have sought to supplant the United States and claim science and671technology leadership for themselves.672    In particular, China has emerged as both our preeminent673geopolitical rival and our most formidable technological and674scientific competitor. Central to this competition is a new675frontier of scientific discovery that lies before us. The shape676of future global order will be defined by whomever leads across677AI, quantum, nuclear, and other critical and emerging678technologies. Chinese progress in nuclear fusion, quantum679technologies, and autonomous systems all press home the urgency680of the work ahead.681    As President Trump has said, as our global competitors race682to exploit these technologies, it is a national security683imperative for the United States to achieve and maintain684unquestioned and unchallenged global technological dominance.685    The Office of Science and Technology Policy will be686critical to this effort in advising the President and687coordinating the national initiatives needed to rise to the688challenge and deliver to the American people. I am committed to689American leadership in emerging technologies, and to ensuring690that all Americans benefit from scientific and technological691breakthroughs.692    As Director, I will build a deep bench of policy experts to693ensure that the President and the White House have the694necessary technical advice to meet the challenges of our695moment. If we are to lead the world in science and technology696for the next century, to continue to provide for the American697citizenry, to enhance our national security, to imprint the698future with American character and improve the welfare of all699mankind, the only way to do so will be to double down on what700has made our history of innovation so great, the uniquely701American free market approach to scientific discovery, which702harnesses the combined strength of Government, industry, and703academia.704    With your support, this Administration will usher in a705golden age of American innovation. Thank you, and I look706forward to your questions.707    [The prepared statement and biographical information of Mr.708Kratsios follow:]709710  Prepared Statement of Michael J.K. Kratsios, Nominee for Director,711                Office of Science and Technology Policy712    Thank you, Sen. Hagerty, for your generous introduction, and thank713you, Chairman Cruz, Ranking Member Cantwell, and the other members of714this esteemed committee for inviting me to appear before you today.715    Let me also give my thanks to my family, some of whom are in716attendance. To my parents, John and Maria, my sister Kaity, my brother-717in-law Mark, and my beautiful wife, Alissa--thank you. I could not have718come this far without your love and encouragement.719    It is the honor of my lifetime to sit before this committee as720President Donald J. Trump's nominee for Director of the Office of721Science and Technology Policy. In his second inaugural address, the722President promised that his administration will work to usher in the723Golden Age of America. I believe in that promise, and will dedicate724myself to fulfilling it.725    In the last Trump Administration, as the fourth Chief Technology726Officer of the United States, and an Associate Director of OSTP, I led727national initiatives on artificial intelligence and quantum information728science. I promulgated budget priorities that led to the Federal729Government doubling research and development spending in those areas. I730drafted non-regulatory guidance for emerging technologies to give the731public trust in how these technologies are developed and used. I saw732firsthand how the actions that we took at OSTP could enable new733industries to take hold, and to deliver benefits to the American734people.735    For a century, the United States has stood at the forefront of736science and technology. We split the atom, for war and for peace. We737put a man on the moon and brought him back again. And with the738transistor and the integrated circuit, we steered the globe into the739digital age.740    Thanks to these breakthroughs, Americans have enjoyed unprecedented741economic prosperity. We must preserve that inheritance to share with742future generations, and to ensure that the tools and technologies that743give shape to our world always help people to live productive,744meaningful lives.745    In recent years, other countries have sought to supplant the United746States and claim science and technology leadership for themselves. In747particular, China has emerged as both our preeminent geopolitical rival748and our most formidable technological and scientific competitor.749    Central to this competition is the new frontier of scientific750discovery that lies before us. The shape of future global order will be751defined by whomever leads across AI, quantum, nuclear, and other752critical and emerging technologies. Chinese progress in nuclear fusion,753quantum technologies, and autonomous systems all press home the urgency754of the work ahead.755    As President Trump has said, ``as our global competitors race to756exploit these technologies, it is a national security imperative for757the United States to achieve and maintain unquestioned and unchallenged758global technological dominance.''759    The Office of Science and Technology Policy will be critical to760this effort, in advising the President and coordinating the national761initiatives needed to rise to the challenge and deliver for the762American people. I am committed to American leadership in emerging763technologies, and to ensuring that all Americans benefit from764scientific and technological advances. As Director, I will build a deep765bench of policy experts to ensure that the President and the White766House have the necessary technical advice to meet the challenges of our767moment.768    If we are to lead the world in science and technology for the next769century, to continue to provide for the American citizenry, to enhance770our national security, to imprint the future with American character771and improve the welfare of all mankind, the only way to do so will be772to double down on what has made our history of innovation great: the773uniquely American free-market approach to scientific discovery, which774harnesses the combined strengths of government, industry, and academia.775    With your support, this administration will usher in a Golden Age776of American Innovation. Thank you. I look forward to your questions.777                                 ______778779                      a. biographical information780    1. Name (Include any fo1mer names or nicknames used): Michael John781Kotsakas Kratsios.782    2. Position to which nominated: Director of the Office of Science783and Technology Policy.784    3. Date of Nomination: January 22, 2025.785    4. Address (List current place of residence and office addresses):786787        Residence: Information not released to the public.788        Office: Information not provided.789790    5. Date and Place of Birth: 11/7/1986; Salisbury, Maryland.791    6. Provide the name, position, and place of employment for your792spouse (if married) or domestic partner, and the names and ages of your793children (including stepchildren and children by a previous marriage).794795        Alissa Stephanie Davies, Public Policy Manager, Coinbase.796797    7. List all college and graduate schools attended, whether or not798you were granted a degree by the institution. Provide the name of the799institution, the dates attended, the degree received, and the date of800the degree.801802        AB in Politics, Princeton University, 2004-2008803804    8. List all post-undergraduate employment, including the job title,805name of employer, and inclusive dates of employment, and highlight all806management-level jobs held and any non-managerial jobs that relate to807the position for which you are nominated.808809        Analyst, Barclays Investment Bank, 2009-2010810811        Analyst, Lyford Group International, 2010812813        Associate, Clarium Capital Management, 2010-2011814815        Chief Compliance Officer, Clarium Capital Management, 2011-2014816817        Chief Compliance Officer, Thiel Capital, 2012-2014818819        Chief Compliance Officer, Thiel Macro, 2012-2014820821        Chief Financial Officer, Clarium Capital Management, 2014-2015822823        Principal and Chief of Staff, Thiel Capital, 2014-2017824825        Deputy Assistant to the President & Deputy U.S. Chief826        Technology Officer, The White House Office of Science and827        Technology Policy, 2017-2019828829        Chief Technology Officer of the United States and Associate830        Director, The White House Office of Science and Technology831        Policy, 2019-2021832833        Under Secretary of Defense for Research and Engineering834        (Acting), United States Department of Defense, 2020-2021835836        Managing Director, Scale AI, 2021-2025837838    9. Attach a copy of your resume.839    See attachment 1.840    10. List any advisory, consultative, honorary, or other part-time841service or positions with Federal, State, or local governments, other842than those listed above after 18 years of age. None.843    11. List all positions held as an officer, director, trustee,844partner, proprietor, agent, representative, or consultant of any845corporation, company, firm, partnership, or other business, enterprise,846educational, or other institution.847848        Trustee, Foundation for Student Communication Inc. (Business849        Today), 2007-2017, 2021-2025850851        Chief Compliance Officer, Clarium Capital Management, 2011-2014852853        Chief Compliance Officer, Thiel Capital, 2012-2014854855        Chief Compliance Officer, Thiel Macro, 2012-2014856857        Board of Directors, International Model United Nations858        Association, 2013-2016859860        Chief Financial Officer, Clarium Capital Management, 2014-2015861862        Consultant, HySpecIQ, 2021863864        Managing Director, Scale AI, 2021-2025865866        Manager, Board of Managers, Improbable U.S. Defense & National867        Security, 2022868869        Member, Strategic Research Advisory Board, University of870        Oklahoma, 2023-2024871872        Member of the Board, Foundation for American Innovation, 2023-873        2025874875        Senior Advisor, Dunes Point Capital, 2024-2025876877        Distinguished Visiting Fellow, Stanford Institute for Human-878        Centered Artificial Intelligence, 2024-2025879880    12. List all memberships you have had after 18 years of age or881currently hold with any civic, social, charitable, educational,882political, professional, fraternal, benevolent or religiously883affiliated organization, private club, or other membership organization884(You do not have to list your religious affiliation or membership in a885religious house of worship or institution). Include dates of membership886and any positions you have held with any organization. Please note887whether any such club or organization restricts membership on the basis888of sex, race, color, religion, national origin, age, or disability.889890        Member, American Hellenic Educational Progressive Association,891        2018 to present892893        Member, Archons of the Ecumenical Patriarchate, 2021 to present894895        Member, 5 Hertford Street, 2024 to present896897    13. Have you ever been a candidate for and/or held a public office898(elected, non-elected, or appointed)? If so, indicate whether any899campaign has any outstanding debt, the amount, and whether you are900personally liable for that debt.901    Yes. I was appointed Deputy Assistant to the President and Deputy902U.S. Chief Technology Officer by President Donald J. Trump in 2017. I903was nominated by President Donald J. Trump and confirmed by the U.S.904Senate as Chief Technology Officer of the United States and Associate905Director of the Office of Science and Technology Policy in 2019. I was906named Acting Under Secretary of Defense for Research and Engineering by907President Donald J. Trump in 2020. I was appointed Assistant to the908President for Science and Technology and nominated to serve as the909Director of the Office of Science and Technology Policy by President910Donald J. Trump in 2025.911    No, I have no outstanding campaign debt.912    14. List all memberships and offices held with and services913rendered to, whether compensated or not, any political party or914election committee within the past ten years. If you have held a paid915position or served in a formal or official advisory position (whether916compensated or not) in a political campaign within the past ten years,917identify the particulars of the campaign, including the candidate, year918of the campaign, and your title and responsibilities. None.919    15. Itemize all political contributions to any individual, campaign920organization, political party, political action committee, or similar921entity of $200 or more for the past ten years.922923        Blake Masters for Senate, 2021, $5,800924925        Citizens for Will Scharf, 2022, $2,650926927        Blake Masters for Congress, 2023, $6,600928929    16. List all scholarships, fellowships, honorary degrees, honorary930society memberships, military medals, and any other special recognition931for outstanding service or achievements.932933        National Merit Scholarship Recipient934935        American Hellenic Educational Progressive Association936        Educational Foundation937938        Scholarship Recipient939940        Hellenic Studies Senior Thesis Prize (Princeton University)941942        Department of Defense Medal for Distinguished Public Service943944        Greek Orthodox Archdiocese of America Archbishop Iakovos945        Leadership 100 Award for Excellence946947        Distinguished Visiting Fellow, Stanford Institute for Human-948        Centered Artificial Intelligence Greek Orthodox Archdiocese of949        America Medal of Saint Paul950951    17. List all books, articles, columns, letters to the editor,952Internet blog postings, or other publications you have authored,953individually or with others. Include a link to each publication when954possible. If a link is not available, provide a digital copy of the955publication when available.956957        China Poses Security Threat at American Ports, Newsweek.958        September 11, 2023959        https://www.newsweek.com/china-poses-security-threat-american-960        ports-opinion-1825423961962        End The STA: Stop Helping China Steal, American Conservative.963        August 22, 2023964        https://www.theamericanconservative.com/end-the-sta-stop-965        helping-china-steal966967        U.S. State and Local Governments Still Buy Banned Chinese Tech,968        Foreign Affairs. November 1, 2022969        https://foreignpolicy.com/2022/11/01/china-technology-huawei-970        zta-banned-us/971972        The Trump Administration Is Investing $1 Billion in Research973        Institutes to Advance Industries of the Future, WhiteHouse.gov.974        August 26, 2020. https://trumpwhitehouse.archives.gov/articles/975        trump-administration-investing-1-billion-research-institutes-976        advance-industries-future/977978        Artificial Intelligence Can Serve Democracy, Wall Street979        Journal. May 27, 2020980        https://www.wsj.com/articles/artificial-intelligence-can-serve-981        democracy-11590618319982983        Connecting Americans to Coronavirus Information Online,984        WhiteHouse.gov. April 15, 2020985        https://trumpwhitehouse.archives.gov/articles/connecting-986        americans-corona987        virus-information-online/988989        AI That Reflects American Values, Bloomberg. January 7, 2020990        https://www.bloomberg.com/view/articles/2020-01-07/ai-that-991        reflects-american-values992993        How America Achieved `Quantum Supremacy', Fortune. October 23,994        2019995        https://fortune.com/2019/10/23/google-sycamore-quantum-996        computer-supremacy/997998        We used to fly from New York to Paris in 3 hours. Let's do that999        again., The Washington Post. June 25, 20191000        https://www.washingtonpost.com/opinions/the-us-should-lead-the-1001        way-back-to-supersonic-flight/2019/06/24/f1b884e2-96b7-11e9-1002        916d-9c61607d8190_story1003        .html10041005        High Speed Broadband Is Fostering a New Era of Innovation for1006        Rural America, Agri-Pulse. February 14, 20191007        https://www.agri-pulse.com/articles/11905-opinion-high-speed-1008        broadband-is-fostering-a-new-era-of-innovation-for-rural-1009        america10101011        Why the U.S. Needs a Strategy for AI, WIRED. Feb. 2, 20191012        https://www.wired.com/story/a-national-strategy-for-ai10131014        The future of American aviation is all about drones, CNN. June1015        6, 20181016        https://www.cnn.com/2018/06/06/opinions/trump-administration-1017        drone-technology-kratsios/index.html10181019        America Will Win the Global Race to 5G, WhiteHouse.gov. October1020        25, 20181021        https://trumpwhitehouse.archives.gov/articles/america-will-win-1022        global-race-5g/10231024        Donald Trump Embraces the Drone Age, The Wall Street Journal.1025        October 25, 20171026        https://www.wsj.com/articles/donald-trump-embraces-the-drone-1027        age-150894722010281029        Economics and Voting in the Third Hellenic Republic: An1030        Aggregate and Individual-Level Analysis of the Greek1031        Electorate, 1985-2007. April 8, 2008. Princeton University1032        Senior Thesis.1033        https://issuu.com/mkratsios/docs/economics_and_voting10341035    18. List all speeches, panel discussions, and presentations (e.g.,1036PowerPoint) that you have given on topics relevant to the position for1037which you have been nominated. Include a link to each publication when1038possible. If a link is not available, provide a digital copy of the1039speech or presentation when available.10401041          Speeches10421043May 1, 2017                  27th National Science Bowl (Department of1044                              Energy)1045June 5, 2017                 United States of America Mathematical1046                              Olympiad Awards Dinner1047September 27, 2017           G7 Industry and Information and1048                              Communication Technologies Ministerial1049                              Meeting1050November 2, 2017             Drone Integration Pilot Program Launch1051                              (Department of Transportation)1052November 13, 2017            Virtuous Circle Summit (Internet1053                              Association)*1054December 13, 2017            Department of Health and Human Services1055                              Innovation Day1056January 9, 2018              Administration's Approach to Innovation and1057                              Tech Policy (CES)*1058February 20, 2018            New Work Summit (New York Times)*1059March 14, 2018               ARPA-E Energy Innovation Summit1060March 29, 2018               Center for Democracy & Technology Annual1061                              Dinner1062April 10, 2018               U.S. Chamber of Commerce Tecglobal 20181063April 19, 2018               Unleashing American Innovation Launch Event1064                              (Department of Commerce)1065May 9, 2018                  U.S. Air Force--National Science Foundation1066                              Collaboration Announcement Event1067May 10, 2018                 White House AI for American Industry Summit1068June 5, 2018                 EmTech Next (MIT Tech Review)*1069July 10, 2018                AI Summit: Investing in Innovation and1070                              Tomorrow's Workforce (Business Software1071                              Alliance)*1072August 21, 2018              FedTalks1073August 28, 2018              University of Mississippi Technology Summit1074September 9, 2018            Tech Olympus Summit*1075September 21, 2018           Reboot 2018 (Lincoln Network)*1076September 24, 2018           White House Quantum Information Sciences1077                              Summit1078September 28, 2018           White House 5G Summit1079October 2, 2018              Commercial UAV Expo*1080November 8, 2018             Technology 202 Live: View from the White1081                              House Technology Team (Washington Post1082                              Techonomy)*1083November 11, 2018            Global Entrepreneurship Summit Launch Event1084November 15, 2018            Business Roundtable CEO Innovation Summit*1085December 6, 2018             NSF Expeditions in Computing Event1086January 19, 2019             State of the Net1087January 29, 2019             Congressional Hispanic Leadership Institute1088                              Tech Talk1089February 27, 2019            The White House: Accelerating America's1090                              Leadership in Artificial Intelligence1091                              (Center for New American Security)1092February 28, 2019            Preparing for the G20 (US Chamber of1093                              Commerce)*1094March 1, 2019                DARPA AI Colloquium1095March 7, 2019                Safeguarding the Crown Jewels of U.S.1096                              Innovation (SXSW)*1097March 12, 2019               Consumer Technology Association Innovation1098                              Policy Day (SXSW)1099March 19, 2019               The AI Agenda (The Economist)*1100March 27, 2019               Blueprint York1101April 9, 2019                Domestic Drone Safety and Security Series*1102April 18, 2019 2nd           Annual Choctaw Nation Emerging Aviation1103                              Conference1104April 30, 2019               2019 Digital Patriots Dinner1105May 21, 2019                 OECD Ministerial Council Meeting1106September 10, 2019           Center for Data Innovation Forum on AI1107September 17, 2019           Samsung Solve for Tomorrow STEM Contest's1108                              10th Year Launch1109November 4, 2019             Stanford Institute for Human-Centered1110                              Artificial Intelligence's (HAI) 2019 Fall1111                              Conference on Ethics, Policy and1112                              Governance*1113November 7, 2019             Web Summit1114January 8, 2020              US Approach to AI, CES*1115January 9, 2020              Conversation with WIRED, CES*1116February 10, 2020            Hudson Institute: America's Global Tech1117                              Leadership: A Conversation with U.S. CTO1118                              Michael Kratsios*1119August 12, 2020              U.S. Tech Leadership in an Era of1120                              Competition*1121August 18, 2020              DARPA Electronics Resurgence Initiative1122                              2.0*1123October 16, 2020             SACC-USA Executive Forum 2020*1124March 2, 2021                Innovative Greeks*1125May 18, 2021                 Tools of the Trade: Enabling Public Purpose1126                              in Science and Technology Policy*1127September 16, 2021           Key Technology Focus Areas: Where's Our1128                              Advantage and How Do We Capture It?*1129October 1, 2020              POLITICO AI Summit Interview*1130November 10, 2021            Accelerate AI adoption & Importance of AI1131                              Models Update on Emerging Tech Horizons*1132March 23, 2023               Harnessing the power of AI*1133September 27, 2023           POLITICO AI and Tech Summit*1134October 24, 2023             FII7 Priority Summit*1135November 9, 2023             Understanding AI: AlixTalks with Simon1136                              Freakley, Michael Kratsios and Amna Nawaz1137March 6, 2024                DeepFest*1138April 11, 2024               Advancing America's Leadership in AI*1139April 25, 2024               RAISE Summit1140June 14, 2024                The Ultimate Disrupter: AI's Impact on1141                              Geopolitics & Global Governance*1142September 6, 2024            Role of Business: Policy Implications of1143                              Industry Leadership in AI*1144September 17, 2024           POLITICO AI & Tech Summit*1145October 18, 2024             Oxford Generative AI Summit 2024*11461147* Armchair conversation (Q&A)11481149    19. List all public statements you have made during the past ten1150years, including statements in news articles and radio and podcasts and1151television appearances, which are on topics relevant to the position1152for which you have been nominated, including dates. Include a link to1153each statement when possible. If a link is not available, provide a1154digital copy of the statement when available.1155    In addition to those covered in question 18:11561157July 17, 2017                 Construction begins on international mega-1158                               science experiment to understand1159                               neutrinos (Fermilab)1160October 25, 2017              Trump administration to allow quick and1161                               dramatic expansion of drone use1162                               (Washington Post)1163April 19, 2018                The Trump administration is bullish on1164                               tech transfer (Fedscoop)1165May 18, 2018                  White House announces creation of Select1166                               Committee on Artificial Intelligence1167                               (Fedscoop)1168December 16, 2018             Trump signs National Quantum Initiative1169                               into law (Fedscoop)1170February 10, 2020             Trump Wants to Double Spending on AI,1171                               Quantum Computing (WSJ)1172February 26, 2020             White House's top techie explains how AI1173                               initiative will help Seattle tech1174                               community (Geekwire)1175March 23, 2020                White House Announces New Partnership to1176                               Unleash U.S. Supercomputing Resources to1177                               Fight COVID-19 (The White House)1178July 21, 2020                 NSF establishes 3 new institutes to1179                               address critical challenges in quantum1180                               information science (NSF)1181August 10, 2020               DOD Developing Small, Unmanned Aerial1182                               System for Warfighters (Department of1183                               Defense)1184September 30, 2020            U.S. Chief Technology Officer Michael1185                               Kratsios Eyes Greece as Technology Hub1186                               (Greek Reporter)1187August 14, 2020               White House Aims To Boost Funding For AI1188                               And Quantum Tech By 30 percent In 20211189                               (Fortune)1190August 26, 2020               White House Announces $1 Billion Plan to1191                               Create AI, Quantum Institutes (WSJ)1192October 5, 2020               What, exactly, is a U.S. CTO? (Fedscoop)1193October 8, 2020               DOD Announces $600 Million for 5G1194                               Experimentation and Testing at Five1195                               Installations (Department of Defense)1196October 30, 2020              U.S. Transportation Secretary Elaine L.1197                               Chao Announces Successful Completion of1198                               Drone Pilot Program, Announces New1199                               Program Called BEYOND (Department of1200                               Transportation)1201December 2, 2020              Australia and U.S. unveil joint hypersonic1202                               program (ADM)1203December 3, 2020              White House pushes civilian agencies to1204                               use trustworthy AI in new executive order1205                               (Fedscoop)1206January 5, 2021               DOD's Inaugural Foray Into 5G1207                               Experimentation on Track (Department of1208                               Defense)1209January 12, 2021              National AI Initiative Office launched by1210                               White House (Fedscoop)1211May 27, 2021                  Scale AI Hires Former U.S. CTO Michael1212                               Kratsios as Head of Strategy (WSJ)1213October 26, 2022              Hundreds of state, local government1214                               entities vulnerable to Chinese espionage:1215                               report (Fox News)1216October 19, 2023              U.S. must act `very carefully' to ensure1217                               China doesn't steal our AI strategy:1218                               Michael Kratsios (Fox Business)1219November 6, 2023              Newscast Radio (BBC)1220August 6, 2024                You Might be Right (podcast)12211222    20. List all digital platforms (including social media and other1223digital content sites) on which you currently or have formerly operated1224an account, regardless of whether or not the account was held in your1225name or an alias. Include the full name of an ``alias'' or ``handle'',1226including the complete URL and username with hyperlinks, you have used1227on each of the named platforms. Indicate whether the account is active,1228deleted, or dormant. Include a link to each account if possible.12291230        Facebook: Michael Kratsios [dormant]12311232        Instagram: mkratsios [active] https://www.instagram.com/1233        mkratsios/12341235        LinkedIn: Michael Kratsios [active]1236        https://www.linkedin.com/in/michaelkratsios12371238        Snapchat: scgreek [deleted]12391240        Tumblr: mkratsios [deleted]12411242        Twitter: michaelkratsios [active] https://twitter.com/1243        michaelkratsios12441245        Twitter: USCTO45 [dormant/archived]: http://twitter.com/USCTO4512461247    21. Please identify each instance in which you have testified1248orally or in writing before Congress in a governmental or non-1249governmental capacity and specify the date, committee, and subject1250matter of each testimony.12511252        July 17, 2019. Confirmation Hearing for Associate Director of1253        the Office of Science and Technology Policy. Senate Committee1254        on Commerce, Science, and Transportation. https://1255        www.commerce.senate.gov/2019/7/committee-announces-nominations-1256        hearing12571258        January 15, 2020. Hearing on Industries of the Future. Senate1259        Committee on Commerce, Science, and Transportation. https://1260        www.commerce.senate.gov/services/files/B7184908-E657-441C-967A-1261        871D8A80B0F012621263        October 18, 2023. Hearing on Balancing Knowledge and1264        Governance: Foundations for Effective Risk Management of1265        Artificial Intelligence. Joint Oversight & Investigations and1266        Research & Technology Subcommittee of the House Committee on1267        Science, Space, and Technology. https://republicans-1268        science.house.gov/_cache/files/7/1/711d0748-8914-45e2-ab30-1269        2b1ae3e4753f/BF3123DB9859C190F2A8F72344BAC68B.mr.-kratsios--1270        testimony.pdf12711272    22. Given the current mission, major programs, and major1273operational objectives of the department/agency/commission/corporation1274to which you have been nominated, what in your background or employment1275experience do you believe affirmatively qualifies you for appointment1276to the position for which you have been nominated, and why do you wish1277to serve in that position?1278    In the previous Trump Administration, I had the honor of serving as1279the fourth Chief Technology Officer of the United States and the1280Associate Director of OSTP for Technology, where I was confirmed by1281unanimous consent by the U.S. Senate. In this capacity, I led national1282technology policy initiatives on critical emerging technologies,1283including the bipartisan National AI Initiative and National Quantum1284Initiative Acts. I played a key role in establishing the National AI1285Initiative Office and the National Quantum Coordination Office at OSTP,1286drafting the Administration's research and development (R&D) budget1287priorities, and securing a historic doubling of Federal AI and quantum1288research funding. Additionally, I spearheaded the creation of a1289billion-dollar program to establish a network of AI and quantum1290research institutes nationwide, and developed pioneering regulatory1291principles for AI governance. On the global stage, I led U.S.1292technology efforts at the G7, G20, and OECD, where I helped shape the1293world's first intergovernmental AI policy guidelines.1294    Having spent four years leading OSTP's technology efforts, I deeply1295understand the office's role within the Executive Office of the1296President and how to effectively support the President's science and1297technology agenda. I also served as the acting Under Secretary of1298Defense for Research and Engineering, where I oversaw the Department of1299Defense's $60 billion R&D budget--the largest R&D budget for a single1300organization globally. I managed the DoD's laboratory enterprise,1301supervising all research, engineering, development, and prototyping at1302the Pentagon. I understand the importance of science and technology to1303our national security and how to work across the interagency to1304successfully coordinate national S&T policy.1305    For the past four years, I have worked as the Managing Director of1306Scale AI, one of the largest privately held AI companies in the world.1307Given the central role that artificial intelligence will play in the1308coming decade, and with much of the innovation driven by the private1309sector, I believe my background uniquely qualifies me to bridge the gap1310between government and industry in this critical technology area.1311Additionally, I have served as a Distinguished Visiting Fellow at the1312Stanford Institute for Human-Centered AI, where I've further deepened1313my understanding of the intersection between AI, policy, and the1314Nation. Maintaining American leadership in AI and other emerging1315technologies will require the U.S. to leverage the totality of its S&T1316enterprise, fostering collaboration among industry, academia, and1317government.1318    I am driven by the belief that embracing technological innovation1319and developing new technologies rooted in American values is key to1320securing a stronger future for our country. I wish to serve in this1321role to continue advancing these goals and help ensure that the U.S.1322remains at the forefront of science and technology for the benefit of1323all Americans.1324    23. What do you believe are your responsibilities, if confirmed, to1325ensure that the department/agency/commission/corporation has proper1326management and accounting controls, and what experience do you have in1327managing a large organization?1328    As Director of OSTP, I would be responsible for ensuring that the1329office's resources are managed effectively and in alignment with its1330mission and strategic priorities. This includes overseeing that all1331management processes, financial controls, and reporting procedures meet1332established laws and regulations. It is critical that we maintain1333transparency and accountability in all aspects of OSTP's operations,1334ensuring that taxpayer resources are used efficiently to advance our1335national science and technology agenda. During my previous tenure at1336OSTP, I led the technology policy team, managing the development and1337dissemination of numerous reports, executive orders, presidential1338memoranda, and initiatives across a wide range of fields--from1339artificial intelligence and quantum computing to STEM education and1340rural broadband. In doing so, I worked closely with cross-functional1341teams to ensure that our work was executed on time and within budget,1342meeting the highest standards of quality and compliance.1343    In addition to my work at OSTP, I have substantial experience1344managing large, fast-growing organizations. As Managing Director of1345Scale AI, I was part of a team that helped grow the company to nearly1346$14 billion valuation, while significantly increasing the workforce to1347support this rapid expansion in under four years. My role required1348overseeing complex operational and strategic decisions, managing large1349budgets, and ensuring that the company's operations were aligned with1350our long-term goals. This experience has given me a strong1351understanding of how to scale an organization while maintaining1352efficiency, financial integrity, and accountability.1353    Earlier in my career, I served as Principal and Chief of Staff at1354Thiel Capital, where I worked across various affiliated entities,1355including venture capital funds, hedge funds, and a philanthropic1356organization. In this capacity, I provided strategic support and1357ensured that projects were executed efficiently and effectively.1358Additionally, as Chief Financial Officer and Chief Compliance Officer1359of Clarium Capital Management, a global macro hedge fund, I oversaw all1360operations, financial reporting, and compliance functions.1361    24. What do you believe to be the top three challenges facing the1362department/agency/commission/corporation, and why?1363    The first challenge facing OSTP today is ensuring American1364leadership in the development and deployment of critical and emerging1365technologies--such as artificial intelligence and quantum information1366science--to strengthen our economic and national security. In an era of1367geopolitical competition increasingly centered on technology rather1368than just military power, it's essential that the United States1369maintain technological superiority and that these technologies are1370developed in alignment with American values. Achieving this will1371require proactive policies to maximize the effectiveness of the Federal1372government's role in America's research and development (R&D)1373ecosystem, in partnership with academia and industry. OSTP plays a1374crucial role in identifying key Federal R&D investment priorities and1375improving the coordination of these investments across the government.1376We must think creatively about how the Federal government can help1377catalyze the American S&T enterprise, pairing R&D with necessary1378investments in infrastructure, workforce development, and technology1379governance to ensure these innovations serve national interests.1380    The second challenge is ensuring that all Americans benefit from1381the scientific and technological advances we make in developing these1382emerging technologies. This requires sound Federal policies to1383facilitate technology transfer from federally funded research to the1384commercial sector, and to ensure that such research is disseminated1385widely across both academic and industry spheres. As OSTP's authorizing1386statute outlines, it is the government's responsibility to ``facilitate1387the close coupling of institutional scientific research with the1388commercial application of the useful findings of science.'' By1389promoting stronger collaboration between the government and the private1390sector, we can turn the discoveries from Federal labs into technologies1391that benefit all Americans--and the world. In certain areas, a1392deregulatory agenda will be necessary to eliminate barriers that stifle1393innovation, enabling the brightest minds in our Nation to thrive. This1394approach will also foster the testing and evaluation of new1395technologies, which, along with responsible oversight, will build1396public trust and accelerate technology adoption. As technology1397increasingly permeates every facet of our lives, we must engage a1398broader set of stakeholders to ensure the benefits of scientific and1399technological achievements are felt by all Americans.1400    Finally, a strong OSTP is critical for informing the President's1401economic and national security policies through independent, expert1402judgment. To be effective, OSTP must be staffed with a team of highly1403skilled professionals capable of providing well-researched scientific1404and technical analysis. This team must work closely with other White1405House entities, such as the National Economic Council and the National1406Security Council, to develop integrated, cross-cutting policies.1407Additionally, effective staffing of the National Science and Technology1408Council (NSTC)--which coordinates Federal science and technology policy1409across the interagency--will allow OSTP to leverage expertise across1410the government and drive innovative solutions that serve both national1411security and economic strategy. Building OSTP's capacity to foster1412strong interagency collaboration and providing necessary expertise to1413the NSTC will be vital in advancing the President's agenda and leading1414efforts to address critical technology challenges.1415                   b. potential conflicts of interest1416    1. Describe all financial arrangements, deferred compensation1417agreements, and other continuing dealings with business associates,1418clients, or customers. Please include information related to retirement1419accounts, such as a 401(k) or pension plan.1420    Thiel Capital: As approved by OSTP Ethics Counsel and OGE, I will1421continue to participate in my former employer's 401(k) plan. The former1422employer no longer makes contributions to this plan.1423    Scale AI: My employment at Scale AI ended on January 17, 2024. As1424approved by OSTP Ethics Counsel and OGE, I will continue to participate1425in my former employer's 401(k) plan and HSA. The former employer no1426longer makes contributions to this plan or HSA.1427    2. Do you have any commitments or agreements, formal or informal,1428to maintain employment, affiliation, or practice with any business,1429association, or other organization during your appointment? If so,1430please explain. No.1431    3. Indicate any investments, obligations, liabilities, or other1432relationships which could involve potential conflicts of interest in1433the position to which you have been nominated. Explain how you will1434resolve each potential conflict of interest.1435    I hold equity and options in Scale AI, bitcoin, and ethereum. I1436will divest of these assets if confirmed, per my ethics agreement. I1437will follow all recusal obligations as described in my ethics1438agreement.1439    4. Describe any business relationship, dealing, or financial1440transaction which you have had during the last ten years, whether for1441yourself, on behalf of a client, or acting as an agent, that could in1442any way constitute or result in a possible conflict of interest in the1443position to which you have been nominated. Explain how you will resolve1444each potential conflict of interest.1445    I worked for Scale AI from March 2021 until January 17, 2024. I am1446no longer an employee and will divest of all of my Scale assets, per my1447ethics agreement. I will follow all recusal obligations as described in1448my Ethics Agreement.1449    5. Identify any other potential conflicts of interest and explain1450how you will resolve each potential conflict of interest.1451    I served as a Distinguished Visiting Fellow at Stanford University1452and a Board Member of the Foundation for American Innovation, as well1453as on an advisory board at the University of Oklahoma. I will follow1454all recusal obligations as described in my Ethics Agreement.1455    6. Describe any activity during the past ten years, including the1456names of clients represented, in which you have been engaged for the1457purpose of directly or indirectly influencing the passage, defeat, or1458modification of any legislation or affecting the administration and1459execution of law or public policy. None.1460                            c. legal matters1461    1. Have you ever been disciplined or cited for a breach of ethics,1462professional misconduct, or retaliation by, or been the subject of a1463complaint to, any court, administrative agency, the Office of Special1464Counsel, an Inspector General, professional association, disciplinary1465committee, or other professional group? If yes:14661467  a.  Provide the name of the court, agency, association, committee, or1468        group;14691470  b.  Provide the date the citation, disciplinary action, complaint, or1471        personnel action was issued or initiated;14721473  c.  Describe the citation, disciplinary action, complaint, or1474        personnel action;14751476  d.  Provide the results of the citation, disciplinary action,1477        complaint, or personnel action.1478    No.1479    2. Have you ever been investigated, arrested, charged, or held by1480any Federal, State, or other law enforcement authority of any Federal,1481State, county, municipal, or foreign government entity, other than for1482a minor traffic offense? If so, please explain. No.1483    3. Have you or any business or nonprofit of which you are or were1484an officer ever been involved as a party in an administrative agency1485proceeding, criminal proceeding, or civil litigation? If so, please1486explain.1487    I am named as a defendant in a putative class action filed on1488December 10, 2024 against a former employer by individuals alleging1489California labor law claims related to their status as independent1490contractors.1491    4. Have you ever been convicted (including pleas of guilty or nolo1492contendere) of any criminal violation other than a minor traffic1493offense? If so, please explain. No.1494    5. Have you ever been accused, formally or informally, of sexual1495assault, sexual harassment, or discrimination on the basis of sex,1496race, religion, or any other basis? If so, please explain. No.1497    6. Please advise the Committee of any additional information,1498favorable or unfavorable, which you feel should be disclosed in1499connection with your nomination.1500    Not applicable.1501                     d. relationship with committee1502    1. Will you ensure that your department/agency/commission/1503corporation complies with deadlines for information set by1504congressional committees, and that your department/agency/commission/1505corporation endeavors to timely comply with requests for information1506from individual Members of Congress, including requests from members in1507the minority? Yes.1508    2. Will you ensure that your department/agency/commission/1509corporation does whatever it can to protect congressional witnesses and1510whistleblowers from reprisal for their testimony and disclosures? Yes.1511    3. Will you cooperate in providing the Committee with requested1512witnesses, including technical experts and career employees, with1513firsthand knowledge of matters of interest to the Committee? Yes.1514    4. Are you willing to appear and testify before any duly1515constituted committee of the Congress on such occasions as you may be1516reasonably requested to do so? Yes.1517                                 ______15181519                              Attachment 11520[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]15211522    The Chairman. Thank you, Mr. Kratsios. Mr. Meador.15231524STATEMENT OF MARK MEADOR, NOMINEE TO BE A COMMISSIONER, FEDERAL1525                        TRADE COMMISSION15261527    Mr. Meador. Thank you, Chairman Cruz, Ranking Member1528Cantwell, and members of the Senate Commerce Committee. It was1529a pleasure meeting with several of you and your staff over the1530past weeks, and it is an honor to be with you all today.1531    I am humbled by the trust and confidence President Trump1532has placed in me to serve as a Commissioner on the Federal1533Trade Commission and to help implement his agenda to improve1534the lives of American families. Thank you for this opportunity1535to serve our country.1536    Thank you also, Senator Lee, for your very kind1537introduction, your unfailing support and friendship, and the1538opportunity to serve as your antitrust counselor, not once, but1539twice. Your example of leadership has provided a model of1540public service that I will strive to emulate in my entire1541career.1542    Before offering some brief remarks, I would like to1543recognize several people who have joined me here today. First1544and foremost is my best friend, confidant, and devoted wife,1545Adrienne, who has joined me along with our six children,1546Constance, who is 13, Ross, who is 12, Ambrose, who is 10,1547Veronica, who is 8, Silas, who is 6, and John, who is 3.1548    Many people have heard me say--by the way, I am impressed1549that I remembered all of those. That is my--that was my goal1550for the day.1551    [Laughter.]1552    Mr. Meador. Yes. That makes it easier, actually. Many1553people have heard me say that working in the Senate was the1554best job I ever had. But truth be told, even if I am confirmed1555to this position, carrying and providing for the seven people1556seated behind me will always be my best and most important job.1557    Last, but far from least, I am also joined today by my1558parents, Brad and Elise Meador, to whom I owe more than time1559permits me to recount. After my faith in Christ, the greatest1560gift my parents gave me was a childhood marked by unconditional1561love and a dedication to others. After growing up the son of a1562nomadic Army officer, my dad prioritized stability for our1563family.1564    He turned down other jobs to continue his career with the1565United States Postal Service, and always made sure there was1566time to teach me to golf or accompany me on camping trips. My1567mom was always there for us when we got home from school, even1568while working part time to make ends meet, and yet somehow also1569found time to open a soup kitchen at our church.1570    Thank you both for teaching me the value of service, and1571how to be a loving and present father, and husband for my own1572family. These examples of hard work and sacrifice were deeply1573formative for me and solidified my decision to embark on a1574career of public service.1575    As many of you know, I have worked as a Federal antitrust1576enforcer and policy advisor, including at the Department of1577Justice's Antitrust Division and here in the Senate. And if I1578am fortunate enough to be confirmed to this position, I will be1579returning home to where I began my career, the Federal Trade1580Commission.1581    To do so would be the honor of a lifetime. The FTC plays a1582critical role in protecting American consumers. Its twin1583missions, to stop unfair methods of competition and to protect1584consumers, have arguably never been more important. President1585Trump is correct that America is facing an affordability1586crisis.1587    Our free market system is the bedrock of the American1588economy, and yet many Americans feel that it is no longer1589working for them or to their benefit. They value hard work and1590free enterprise, but at times feel that honest competition has1591been replaced by concentrated economic powers that take them1592for granted. A truly free market, however, requires the1593availability of meaningful choices for consumers.1594    This includes the benefit of vibrant competition that leads1595to lower prices and higher quality. It also means acknowledging1596that Americans are not just consumers, they are mothers and1597fathers, neighbors and friends. Protecting competition in all1598of our markets is essential to ensuring that America's free1599market economy operates as our servant, not our master.1600    At the same time that American families are struggling to1601make ends meet, fraudulent and deceptive practices threaten not1602just their wealth, but the well-being of their children and1603loved ones. Unscrupulous actors seek to profit off our children1604by exploiting their privacy, innocence, and vulnerability.1605    Chairman Cruz put it especially well when he remarked that1606today's families face a challenge previous generations could1607not imagine, a rapidly changing digital environment targeting1608our kids. Parents struggle to navigate the maze of putatively1609free services and social media sites that impose hidden but1610growing costs on their children's mental health and safety.1611    One of the FTC's most important missions in the years to1612come will be using its consumer protection authority to1613safeguard families from those seeking to take advantage of the1614most vulnerable.1615    If confirmed, I will work to ensure that the FTC's precious1616enforcement resources are focused on the cases most needed to1617protect consumers and move the law in the right direction, not1618wasted on pet projects that risk making bad law or distract1619from addressing real threats to American consumers.1620    FTC enforcement decisions should be based on the facts and1621the law, and the law should be vigorously and fairly enforced.1622America needs an FTC that is focused on law enforcement,1623provides clear guidance, and ensures the public's trust in the1624agency, and FTC staff need leaders who work alongside them, not1625just over them.1626    The challenges facing our economy are great, but so is our1627resolve. If I am fortunate enough to be confirmed as a1628Commissioner on the Federal Trade Commission, I look forward to1629working with Chairman Ferguson and my fellow Commissioners to1630help American consumers by fighting to protect the competitive1631process that keeps markets free and the families that give1632value to our freedom. Thank you, and I look forward to1633answering your questions.1634    [The prepared statement and biographical information of Mr.1635Meador follow:]16361637   Prepared Statement of Mark R. Meador, Nominee to be Commissioner,1638                        Federal Trade Commission1639    Thank you, Chairman Cruz, Ranking Member Cantwell, and members of1640the Senate Commerce Committee. It was a pleasure meeting with several1641of you and your staff over the past weeks, and it is in an honor to be1642with you all today.1643    I am humbled by the trust and confidence President Trump has placed1644in me to serve as a Commissioner on the Federal Trade Commission, and1645to help implement his agenda to improve the lives of American families.1646Thank you for this opportunity to serve our country.1647    Thank you also, Senator Lee, for your very kind introduction, your1648unfailing support and friendship, and the opportunity to serve as your1649antitrust counselor not once, but twice. Your example of leadership has1650provided a model of public service that I will strive to emulate my1651entire career.1652    Before offering some brief remarks, I would like to recognize1653several people who have joined me here today.1654    First and foremost is my best friend, confidant, and devoted wife,1655Adrienne, who has joined me along with our six children: Constance, 13;1656Ross, 12; Ambrose, 10; Veronica, 8; Silas, 6; and John, 3. Many people1657have heard me say that working in the senate was the best job I ever1658had. But truth be told, even if I am confirmed to this position, caring1659and providing for the seven people seated behind me will always be my1660best and most important job.1661    Last, but far from least, I am also joined today by my parents,1662Brad and Elyce Meador, to whom I owe more than time permits me to1663recount. After my faith in Christ, the greatest gift my parents gave me1664was a childhood marked by unconditional love and a dedication to1665others.1666    After growing up the son of a nomadic Army officer, my dad1667prioritized stability for our family. He turned down other jobs to1668continue his career with the United States Postal Service, and always1669made sure there was time to teach me to golf or accompany me on camping1670trips. My mom was always there for us when we got home from school,1671even while working part-time to make ends meet, and yet somehow also1672found time to open a soup kitchen at our church. Thank you, both, for1673teaching me the value of service and how to be a loving and present1674father and husband for my own family.1675    These examples of hard work and sacrifice were deeply formative for1676me, and solidified my decision to embark on a career of public service.1677    As many of you here know, I have worked as a Federal antitrust1678enforcer and policy advisor, including at the Department of Justice's1679Antitrust Division and here in the Senate. And if I am fortunate enough1680to be confirmed to this position, I will be returning home to where I1681began my career: the Federal Trade Commission. To do so would be the1682honor of a lifetime.1683    The FTC plays a critical role in protecting American consumers. Its1684twin missions--to stop unfair methods of competition, and to protect1685consumers--have arguably never been more important.1686    President Trump is correct that America is facing an affordability1687crisis.1688    Our free-market system is the bedrock of the American economy, and1689yet many Americans feel that it is no longer working for them or to1690their benefit. They value hard work and free enterprise, but at times1691feel that honest competition has been replaced by concentrated economic1692powers that take them for granted.1693    A truly free market, however, requires the availability of1694meaningful choices for consumers. This includes the benefit of vibrant1695competition that leads to lower prices and higher quality. It also1696means acknowledging that Americans are not just consumers--they are1697mothers and fathers, neighbors and friends. Protecting competition in1698all of our markets is essential to ensuring that America's free market1699economy operates as our servant, not our master.1700    At the same time that American families are struggling to make ends1701meet, fraudulent and deceptive practices threaten not just their wealth1702but the well-being of their children and loved ones. Unscrupulous1703actors seek to profit off our children by exploiting their privacy,1704innocence, and vulnerability.1705    Chairman Cruz put it especially well when he remarked that,1706``today's families face a challenge previous generations could not1707imagine: a rapidly changing digital environment targeting our kids.''1708Parents struggle to navigate the maze of putatively ``free'' services1709and social media sites that impose hidden, but growing costs on their1710children's mental health and safety. One of the FTC's most important1711missions in the years to come will be using its consumer protection1712authority to safeguard families from those seeking to take advantage of1713the most vulnerable.1714    If confirmed, I will work to ensure that the FTC's precious1715enforcement resources are focused on the cases most needed to protect1716consumers and move the law in the right direction, not wasted on pet1717projects that risk making bad law or distract from addressing real1718threats to American consumers. FTC enforcement decisions should be1719based on the facts and the law, and the law should be enforced1720vigorously and fairly.1721    America needs an FTC that is focused on law enforcement, provides1722clear guidance, and ensures the public's trust in the agency. And FTC1723staff need leaders who work alongside them, not just over them.1724    The challenges facing our economy are great, but so is our resolve.1725If I am fortunate enough to be confirmed as a Commissioner on the1726Federal Trade Commission, I look forward to working with Chairman1727Ferguson and my fellow commissioners to help American consumers by1728fighting to protect the competitive process that keeps markets free and1729the families that give value to our freedom.1730    Thank you, and I look forward to answering your questions.1731                                 ______17321733                      a. biographical information1734    1. Name (Include any former names or nicknames used): Mark Ross1735Meador.1736    2. Position to which nominated: Commissioner, Federal Trade1737Commission.1738    3. Date of Nomination: January 20, 2025.1739    4. Address (List current place of residence and office addresses):17401741        Residence: Information not released to the public.1742        Office: Kressin Meador Powers LLC, 400 7th Street NW, Unit 300,1743        Washington, DC 20004.17441745    5. Date and Place of Birth: March 16, 1985; Bloomington, Indiana.1746    6. Provide the name, position, and place of employment for your1747spouse (if married) or domestic partner, and the names and ages of your1748children (including stepchildren and children by a previous marriage).17491750        Spouse: Adrienne Lee Meador, Teacher, St. Nicholas Academic1751        Community.17521753    7. List all college and graduate schools attended, whether or not1754you were granted a degree by the institution. Provide the name of the1755institution, the dates attended, the degree received, and the date of1756the degree.17571758        University of Houston Law Center, 2008-2011, J.D. awarded May1759        20111760        University of Chicago, 2003-2007, A.B., Philosophy, awarded1761        June 2007.17621763    8. List all post-undergraduate employment, including the job title,1764name of employer, and inclusive dates of employment, and highlight all1765management-level jobs held and any non-managerial jobs that relate to1766the position for which you are nominated.17671768        Visiting Fellow, The Heritage Foundation Tech Policy Center,1769        October 2023 to present*17701771        Partner, Kressin Meador Powers LLC, July 2023 to present*17721773        Deputy Chief Counsel for Antitrust & Competition Policy,1774        Senator Mike Lee, United States Senate, January 2022 to June1775        2023*17761777        Counsel Detailee, United States Senate Committee on the1778        Judiciary, Subcommittee on Antitrust, Competition Policy &1779        Consumer Rights, July 2020 to December 2021*17801781        Trial Attorney, United States Department of Justice, Antitrust1782        Division, Transportation, Energy & Agriculture Section, August1783        2019 to December 2021*17841785        Associate, Paul, Weiss, Rifkind, Wharton & Garrison LLP, August1786        2016 to July 2019*17871788        Associate, Cadwalader, Wickersham & Taft LLP, July 2016 to1789        August 2016*17901791        Counsel Detailee, United States Senate Committee on the1792        Judiciary, Subcommittee on Antitrust, Competition Policy &1793        Consumer Rights, August 2015 to July 2016*17941795        Attorney, Federal Trade Commission, Bureau of Competition,1796        Health Care Division, October 2011 to July 2016*17971798        Legal Editorial Assistant, Jones McClure Publishing, January1799        2011 to June 201118001801        Law Clerk, Office of the Attorney General of Texas, Antitrust1802        Section, June 2010 to November 2010*18031804        Intern, Liberty Legal Institute (now First Liberty Institute),1805        June 2009 to July 200918061807        Intern, The Trinity Forum, May 2008 to August 200818081809        Legal Assistant, Kass & Moses, P.C., August 2005 to January1810        200818111812    * denotes management-level jobs and non-managerial jobs that relate1813to the position for which I have been nominated.1814    9. Attach a copy of your resume.1815    See Attachment A.1816    10. List any advisory, consultative, honorary, or other part-time1817service or positions with Federal, State, or local governments, other1818than those listed above after 18 years of age. None.1819    11. List all positions held as an officer, director, trustee,1820partner, proprietor, agent, representative, or consultant of any1821corporation, company, firm, partnership, or other business, enterprise,1822educational, or other institution.18231824        Partner, Kressin Meador Powers LLC1825        Visiting Fellow, The Heritage Foundation Tech Policy Center18261827    12. List all memberships you have had after 18 years of age or1828currently hold with any civic, social, charitable, educational,1829political, professional, fraternal, benevolent or religiously1830affiliated organization, private club, or other membership organization1831(You do not have to list your religious affiliation or membership in a1832religious house of worship or institution). Include dates of membership1833and any positions you have held with any organization. Please note1834whether any such club or organization restricts membership on the basis1835of sex, race, color, religion, national origin, age, or disability.18361837        Texas Bar, Member, 2011 to present (inactive since 2017)18381839        District of Columbia Bar, Member, 2017 to present18401841        Supreme Court of the United States, Bar Member, 2023 to present18421843        U.S. District Court for the District of Columbia, Bar Member,1844        2024 to present18451846        American Bar Association, Antitrust Law Section, Member, 2011-1847        2019, 2023 to present18481849   Vice-Chair, U.S. Comments & Policy Committee, 2023 to 202418501851        The Federalist Society, Member, 2008 to present18521853   Executive Committee Member, Corporations, Securities &1854        Antitrust Practice Group, 2022 to 202418551856   Vice President, UHLC Student Chapter, 2009-201018571858        American Compass, Member, 2024 to present18591860        Trail Life USA, Troop VA-1188, Adult Leader, 2023 to present18611862        Fauquier Amateur Radio Association, Member, 2021 to present18631864        American Radio Relay League, Member, 2023 to present18651866        Fan Fairness Coalition, President, 2023 to 202418671868        John Sherman Foundation, Board Member, 2024 to 202418691870        Boy Scouts of America, Cub Scout Pack 1188, Adult Leader, 20191871        to 202318721873        Elite Shooting Sports, Member, 2017 to 202318741875        National Rifle Association, Member, 2017 to 202218761877        Houston Business & Tax Law Journal, Member, 2009-201118781879   Editor-in-Chief, 2010-201118801881        UHLC Advocates for Life, Founder and President, 2010-201118821883        The Edmund Burke Society, Member, 2004 to present1884   Secretary, Winter Quarter 200618851886    None of these organizations discriminates on the basis of race,1887color, national origin, age, or disability. Trail Life USA is a1888Christian organization for boys; I am not familiar with any formal1889membership restrictions. None of the other organizations restrict1890membership on the basis of sex or religion.1891    13. Have you ever been a candidate for and/or held a public office1892(elected, non-elected, or appointed)? If so, indicate whether any1893campaign has any outstanding debt, the amount, and whether you are1894personally liable for that debt. No.1895    14. List all memberships and offices held with and services1896rendered to, whether compensated or not, any political party or1897election committee within the past ten years. If you have held a paid1898position or served in a formal or official advisory position (whether1899compensated or not) in a political campaign within the past ten years,1900identify the particulars of the campaign, including the candidate, year1901of the campaign, and your title and responsibilities. None.1902    15. Itemize all political contributions to any individual, campaign1903organization, political party, political action committee, or similar1904entity of $200 or more for the past ten years.19051906        Trump 47 Committee--$516.43 (October 9, 2024)19071908    16. List all scholarships, fellowships, honorary degrees, honorary1909society memberships, military medals, and any other special recognition1910for outstanding service or achievements.19111912        Blackstone Fellow, Alliance Defending Freedom19131914        Dean's Scholar, University of Houston Law Center19151916        Fellow, The John Jay Institute19171918        Honors Fellow, Intercollegiate Studies Institute19191920        Eagle Scout, Boy Scouts of America19211922    17. List all books, articles, columns, letters to the editor,1923Internet blog postings, or other publications you have authored,1924individually or with others. Include a link to each publication when1925possible. If a link is not available, provide a digital copy of the1926publication when available.19271928        Mark Meador & Annie Chestnut Tutor, Don't Let Empty Objections1929        Stop the Kids Online Safety Act, The Heritage Foundation (Aug.1930        6, 2024), https://www.heritage.org/big-tech/commentary/dont-1931        let-empty-objections-stop-the-kids-online-safety-act.19321933        Mark Meador, Ticketmaster's `Legally Permissible' Abuse of1934        Monopoly Power Won't Fly, Sportico (July 18, 2024), https://1935        www.sportico.com/law/analysis/2024/ticketmasters-abuse-of-1936        monopoly-power-wont-fly-1234789894/.19371938        Mark Meador, Not Enforcing the Robinson-Patman Act is Lawless1939        and Likely Harms Consumers, FedSoc Blog (Jul. 9, 2024), https:/1940        /fedsoc.org/commentary/fedsoc-blog/not-enforcing-the-robinson-1941        patman-act-is-lawless-and-likely-harms-consumers.19421943        Mark Meador & Joel Thayer, Why the TikTok bill is1944        constitutional, The Hill (Mar. 27, 2024, 3:00 PM), https://1945        thehill.com/opinion/technology/4536696-why-the-tiktok-bill-is-1946        constitutional/.19471948        Mark Meador, MEADOR: Break Up Live Nation Ticketmaster To1949        Protect Fans, Daily Caller (Jan. 26, 2024, 10:59 AM), https://1950        dailycaller.com/2024/01/26/meador-live-action-ticketmaster-1951        antitrust/.19521953        International Comparative Legal Guide to: Vertical Agreements1954        and Dominant Firms 2018, Chapter 20: USA, available at https://1955        www.acc.com/sites/default/files/resources/vl/membersonly/1956        Article/1488171_1.pdf.19571958        International Comparative Legal Guide to: Vertical Agreements1959        and Dominant Firms 2017, Chapter 19: USA, available at https://1960        www.acc.com/sites/default/files/resources/vl/membersonly/1961        Article/1461931_1.pdf.19621963        Mark R. Meador, Squeezing the Middleman: Ending Underhanded1964        Dealing in the Pharmacy Benefit Management Industry Through1965        Regulation, 21 Ann. Health Law 77 (2011), available at https://1966        papers.ssrn.com/sol3/papers.cfm?1967        abstract_id=1875249.19681969    18. List all speeches, panel discussions, and presentations (e.g.,1970PowerPoint) that you have given on topics relevant to the position for1971which you have been nominated. Include a link to each publication when1972possible. If a link is not available, provide a digital copy of the1973speech or presentation when available.19741975        Panelist at Heritage Foundation panel: Defending Digital1976        Boundaries: The Conservative Case for Online Protection (Sept.1977        24, 2024) https://www.heritage.org/big-tech/event/defending-1978        digital-boundaries-the-conservative-case-online-protection.19791980        Panelist at Project Sphere panel: How Does A.I. Affect1981        Education?, https://www.projectsphere.org/episode/how-does-a-i-1982        affect-education/.19831984        Panelist at Project Sphere panel: How Should We Address the1985        Challenges Around A.I.?, https://www.projectsphere.org/episode/1986        how-should-we-address-the-challenges-around-a-i/.19871988        Panelist at Project Sphere panel: Should We Be Optimistic About1989        Technology? Online Access and Connectivity, https://1990        www.projectsphere.org/episode/should-we-be-optimistic-about-1991        technology-online-access-and-connectivity/.19921993        Presenter, American Moment Foundations of American Statecraft1994        Course, Navigating Antitrust Law: Insights from Policy and1995        Practice (April and October 2024).19961997        Panelist at DOJ-FTC Joint Workshop: Evolving Approaches to1998        Mergers Between Rivals from the 2010 HMG to the Draft Merger1999        Guidelines (Sept. 5, 2023), https://www.ftc.gov/news-events/2000        events/2023/09/2023-draft-merger-2001        guidelines-workshop.20022003        Panelist at ABA Antitrust Law Section Fall Forum panel:2004        Legislative Reform--Competition Policy as Staple Gun (Nov. 17,2005        2022).20062007        Panelist at Competition Policy International panel: Challenges2008        in Merger Enforcement--Where Next? (Nov. 16, 2022) https://2009        www.competitionpolicyinter2010        national.com/challenges-in-merger-enforcement-where-next-2011        recording.20122013        Panelist at Bipartisan Policy Center panel: Big Tech and M&A:2014        Killer Acquisitions and Kill Zones? (Oct. 31, 2022), https://2015        www.youtube.com/watch?v2016        =NCD2sdhLUi0.20172018        Panelist at ABA Antitrust Law Section Legislation Committee2019        panel: Update on the State Antitrust Enforcement Venue Act2020        (July 11, 2022).20212022        Keynote Address at the GW Regulatory Studies Center and2023        Information Technology and Innovation Foundation Conference:2024        Dynamic Competition and Public Policy (April 14, 2022), https:/2025        /www.youtube.com/watch?v=zX9E5O-a_Zw&t2026        =31705s.20272028        Panelist at the George Mason Law Review and Global Antitrust2029        Institute 25 Years of Antitrust Symposium: Proposals to Change2030        the Antitrust Laws (Feb. 25, 2022), https://www.youtube.com/2031        watch?v=mHDarN3hQyI.20322033        Panelist at ABA Antitrust Law Section Legislation Committee2034        panel: Antitrust Legislation in Congress in 2016--A Preview2035        (Feb. 17, 2016).20362037    19. List all public statements you have made during the past ten2038years, including statements in news articles and radio and podcasts and2039television appearances, which are on topics relevant to the position2040for which you have been nominated, including dates. Include a link to2041each statement when possible. If a link is not available, provide a2042digital copy of the statement when available.2043    I have done my best to identify all public statements I have made2044over the past ten years, including statements in news articles and2045radio and podcasts and television appearances, which are on topics2046relevant to the position for which I have been nominated, including2047through a review of personal files and searches of publicly available2048electronic databases. Despite my best efforts, there may be other2049materials I have been unable to identify, find, or remember. I have2050located the following:20512052        Merger Monthly: HSR Form's Additional Information Requirements2053        Further Institutionalize New Era of Merger Scrutiny, The2054        Capitol Forum. Oct. 14, 2024, (digital copy provided).20552056        Antitrust Case Against Visa Debit Lights the Way for Probe of2057        Firm's Dominance in Credit Cards, Industry Experts, Lawyers2058        Say, The Capitol Forum, Sept. 26, 2024 (digital copy provided).20592060        The FOX News Rundown, FOX News Radio (Sep. 9, 2024), https://2061        podcasts2062        .apple.com/us/podcast/house-probe-of-afghanistan-exit-details-2063        catastrophic/id1303660358?i=1000668857119 (discussing Live2064        Nation-Ticketmaster).20652066        Moment of Truth: Google's Worst Day Is Here (ft. Mark Meador),2067        American Moment (Aug. 12, 2024), https://www.youtube.com/2068        watch?v=hqm4EAVyiAM.20692070        The Dynamist: Did Google Monopolize Ad-Tech? w/Mark Meador, The2071        Foundation for American Innovation (August 8, 2023), https://2072        podcasts.apple.com/us/podcast/episode-30-did-google-monopolize-2073        ad-tech-w-mark-meador/id1528920211.20742075        Matthew Perlman, 4 Takeaways From Landmark Google Search2076        Ruling, Law360, Aug. 6, 2024, https://www.law360.com/articles/2077        1867101/4-takeaways2078        -from-landmark-google-search-ruling.20792080        Stefania Palma and James Fontanella-Khan, JD Vance and Kamala2081        Harris scramble U.S. dealmakers' election strategies, Financial2082        Times, July 24, 2024, https://www.ft.com/content/6be260f4-daeb-2083        441c-97c3-67be65242797.20842085        Ashley Gold and Maria Curi, Tech after a Trump victory, Axios,2086        July 17, 2024, https://www.axios.com/pro/tech-policy/2024/07/2087        17/tech-after-a-trump-victory.20882089        Anna Langlois and Ben Remaly, Past settlements may boost DOJ's2090        bid for Live Nation breakup, Global Competition Review, May 24,2091        2024, https://global2092        competitionreview.com/gcr-usa/article/past-settlements-may-2093        boost-dojs-bid-live-nation-breakup.20942095        Daysia Tolentino and Rob Wile, `It is time to break up Live2096        Nation': DOJ sues Ticketmaster parent over alleged monopoly,2097        NBC News, May 23, 2024, https://www.nbcnews.com/business/2098        business-news/ticketmaster-sued-department-justice-monopoly-2099        rcna153645.21002101        Rob Wile, What the Ticketmaster-Live Nation lawsuit could mean2102        for fans of live music, NBC News, May 23, 2024, https://2103        www.nbcnews.com/business/business-news/ticketmaster-live-2104        nation-lawsuit-mean-fans-live-music-rcna153739.21052106        Anna Langlois, Powers moves to antitrust boutique, Global2107        Competition Review, April 29, 2024, https://2108        globalcompetitionreview.com/gcr-usa/article/powers-moves-2109        antitrust-boutique.21102111        Anna Langlois, Visa, Mastercard allow steering to resolve2112        interchange fee case, Global Competition Review, Mar. 27, 2024,2113        https://globalcompetition2114        review.com/gcr-usa/article/visa-mastercard-allow-steering-2115        resolve-interchange-fee-case.21162117        Open Letter to Assistant Attorney General Jonathan Kanter (Mar.2118        21, 2024), available at https://cdn.sanity.io/files/d8lrla4f/2119        staging/23fa7c81de31d2c972120        e58b81285af85f719b5721f.pdf.21212122        Kathleen Murphy, Meador joins Heritage, FTCWatch, Jan. 29, 20242123        (digital copy provided).21242125        Chris May, Comment: Major League Baseball scores postponed2126        reckoning over U.S. Federal antitrust exemption with2127        settlements, MLEX, Nov. 7, 2023, https://www.mlex.com/mlex/2128        articles/2000158/comment-major-league-baseball-scores-2129        postponed-reckoning-over-us-federal-antitrust-exemption-with-2130        settlements.21312132        Marcia Brown, The Next Generation of Law Students Is Obsessed2133        With Lina Khan, Politico Magazine, Nov. 6, 2023, https://2134        www.politico.com/news/magazine/2023/11/06/law-students-2135        antitrust-lina-khan-00124240.21362137        Anna Langlois, Congressional committees float proposals to curb2138        DOJ funding, Global Competition Review, Aug. 9, 2023, https://2139        globalcompetitionreview2140        .com/gcr-usa/article/congressional-committees-float-proposals-2141        curb-doj-funding.21422143        Moment of Truth: Will We Revolutionize Antitrust? (ft. Mark2144        Meador), American Moment (July 31, 2023), https://2145        www.youtube.com/watch?v=n4lGMBf6-ys.21462147        David Mamone, Mark Meador: the exit interview, Global2148        Competition Review, July 3, 2023, https://2149        globalcompetitionreview.com/gcr-usa/article/mark-meador-the-2150        exit-interview.21512152        Ben Remaly and David Mamone, Boutique of former Kanter2153        colleagues grows with Senate hire, Global Competition Review,2154        July 3, 2023, https://global2155        competitionreview.com/gcr-usa/article/boutique-of-former-2156        kanter-colleagues-grows-senate-hire.21572158        Our Curious Amalgam: #215 What Does Antitrust Counsel to a2159        United States Senator Do? A Conversation With Mark Meador,2160        American Bar Association (Apr. 23, 2023), https://2161        ourcuriousamalgam.com/episode/215-mark-meador/.21622163    20. List all digital platforms (including social media and other2164digital content sites) on which you currently or have formerly operated2165an account, regardless of whether or not the account was held in your2166name or an alias. Include the full name of an ``alias'' or ``handle'',2167including the complete URL and username with hyperlinks, you have used2168on each of the named platforms. Indicate whether the account is active,2169deleted, or dormant. Include a link to each account if possible.21702171        LinkedIn: https://www.linkedin.com/in/markrmeador/ (active)21722173        X: @mrmeador (active)21742175        Instagram: @mrmeador (deactivated)21762177        Facebook: Mark Meador (deleted)21782179        Substack: @mrmeador (active, reading only)21802181        QRZ.com: K3ATR, https://www.qrz.com/db/k3atr (active)21822183        Clubhouse: @mrmeador (dormant)21842185        TruthSocial: @mrmeador (dormant)21862187        GETTR: @mrmeador (dormant)21882189        SSRN: Mark R. Meador, https://papers.ssrn.com/sol3/cf_dev/2190        AbsByAuth.cfm?2191        per_id=1658093 (active)21922193    21. Please identify each instance in which you have testified2194orally or in writing before Congress in a governmental or non-2195governmental capacity and specify the date, committee, and subject2196matter of each testimony. None.2197    22. Given the current mission, major programs, and major2198operational objectives of the department/agency/commission/corporation2199to which you have been nominated, what in your background or employment2200experience do you believe affirmatively qualifies you for appointment2201to the position for which you have been nominated, and why do you wish2202to serve in that position?2203    The Federal Trade Commission bears the incredibly important2204responsibility to ensure fairness in American markets by preventing2205anticompetitive conduct and mergers and unfair and deceptive practices.2206I have dedicated my career to the pursuit of these same goals and2207believe they are fundamental to ushering in the President's vision for2208America's golden age.2209    To start, my antitrust experience spans over many vantage points2210and includes advising at the highest levels. I began my career as a2211staff attorney in the Health Care Division of the Bureau of Competition2212at the FTC, where I spearheaded investigations into complex health care2213markets. I have also served as a staff attorney at the Antitrust2214Division of the United States Department of Justice, where I played a2215leading role in efforts to protect consumers and competition in the2216transportation, technology, and fintech industries.2217    I leveraged these experiences as antitrust counsel in the United2218States Senate for Senator Mike Lee, where I assisted in drafting and2219reviewing antitrust legislation. I also advised on oversight of Federal2220antitrust enforcers, working to ensure that the agencies promoted2221consumer welfare and adhered to their stated mission as defined by2222Congress.2223    I have spent several years practicing antitrust law in private2224practice, both at a large defense-oriented firm and at my own small2225firm specializing in offense-oriented antitrust. I have appeared before2226FTC and DOJ both to defend parties under investigation and to solicit2227investigations on behalf of victims. These experiences have given me2228insight into the challenges faced by both antitrust defendants and2229private plaintiffs, something that I believe is essential to making2230sound judgments as an antitrust enforcer.2231    Outside of my legal practice, I have also been a strong advocate2232for protecting children online. Alongside the FTC's critical work to2233prevent fraud, scams, and other predatory conduct against consumers,2234protecting our children from the dangers posed by various social media2235platforms is one of the agency's highest callings. As a father of six,2236I take this responsibility seriously and understand the challenges that2237parents face in striking the right balance for the role of technology2238in their kids' lives.2239    I care deeply about the FTC's mission, as well as for the rule of2240law. My experiences have made me sensitive to the effects that legal2241and regulatory policies have on stakeholders, consumers, and most2242importantly American families. What's more, I have the proven ability2243to find the balance between Federal governance, private companies, and2244consumers in promoting a healthy and sustainable marketplace. If2245confirmed, I look forward to using my diverse experiences as an2246antitrust lawyer and parent to ensure that the FTC Act is, to borrow2247the words of President Trump, ``enforced both vigorously and fairly,2248with clear rules that facilitate, rather than stifle, the ingenuity of2249our greatest companies.''2250    23. What do you believe are your responsibilities, if confirmed, to2251ensure that the department/agency/commission/corporation has proper2252management and accounting controls, and what experience do you have in2253managing a large organization?2254    Prudent stewardship of taxpayer resources is one of the most2255important responsibilities of the executive branch. If confirmed, my2256responsibility will be to work with the Chairman, other Commissioners,2257and FTC staff to ensure that agency resources are used efficiently and2258effectively to fulfill the agency's mission within the bounds of the2259law.2260    I have experience managing large teams of attorneys in private2261practice, supervising teams of law clerks on the Senate Antitrust2262Subcommittee, and managing a law firm. I also have six children.2263    24. What do you believe to be the top three challenges facing the2264department/agency/commission/corporation, and why?2265    The top three challenges facing the FTC are: (1) the growing number2266and complexity of threats to the American family and consumer,2267oversight of which has been hampered by the misallocation of resources2268under the prior administration; (2) a staff that has been demoralized2269by four years of mismanagement; and (3) a lack of trust within the2270business community after four years of repeated leaks of confidential2271information, weaponized and unpredictable agency procedures, and2272politicized enforcement actions.2273                   b. potential conflicts of interest2274    1. Describe all financial arrangements, deferred compensation2275agreements, and other continuing dealings with business associates,2276clients, or customers. Please include information related to retirement2277accounts, such as a 401(k) or pension plan.2278    Upon confirmation, I will resign from Kressin Meador Powers LLC and2279forfeit my interest in any contingency cases. In exchange for2280forfeiting my interest in any contingency cases, the firm will make a2281payment to my capital account, the amount of which will be fixed before2282I enter government service. The firm also will pay into my capital2283account partnership distributions to which I was entitled at the time2284of my departure. This payment will be based solely on the firm's2285earnings through the date of my withdrawal, and the amount of the2286payment will be fixed before I enter government service. The amounts in2287my capital account will be paid to me over a period of six months. The2288firm also will be renamed to remove my name.2289    2. Do you have any commitments or agreements, formal or informal,2290to maintain employment, affiliation, or practice with any business,2291association, or other organization during your appointment? If so,2292please explain. No.2293    3. Indicate any investments, obligations, liabilities, or other2294relationships which could involve potential conflicts of interest in2295the position to which you have been nominated. Explain how you will2296resolve each potential conflict of interest.2297    In connection with the nomination process, I have consulted with2298the U.S. Office of Government Ethics and the Federal Trade Commission's2299Designated Agency Ethics Official to identify potential conflicts of2300interest. If confirmed, any potential conflicts of interest will be2301resolved in accordance with the terms of the ethics agreement that I2302have entered into with the Commission's Designated Agency Ethics2303Official.2304    4. Describe any business relationship, dealing, or financial2305transaction which you have had during the last ten years, whether for2306yourself, on behalf of a client, or acting as an agent, that could in2307any way constitute or result in a possible conflict of interest in the2308position to which you have been nominated. Explain how you will resolve2309each potential conflict of interest.2310    In connection with the nomination process, I have consulted with2311the U.S. Office of Government Ethics and the Federal Trade Commission's2312Designated Agency Ethics Official to identify potential conflicts of2313interest. If confirmed, any potential conflicts of interest will be2314resolved in accordance with the terms of the ethics agreement that I2315have entered into with the Commission's Designated Agency Ethics2316Official.2317    5. Identify any other potential conflicts of interest and explain2318how you will resolve each potential conflict of interest.2319    I am not aware of any other potential conflicts of interest.2320    6. Describe any activity during the past ten years, including the2321names of clients represented, in which you have been engaged for the2322purpose of directly or indirectly influencing the passage, defeat, or2323modification of any legislation or affecting the administration and2324execution of law or public policy.2325    During my time as a detailee to and employee of the Senate, my2326responsibilities included working on the drafting, negotiating, and2327passage of legislation, as well as oversight of the FTC and DOJ2328Antitrust Division.2329    In private practice, especially in my current role, I have2330frequently been retained by persons harmed by violations of the2331antitrust laws. Those engagements typically entail meeting with Federal2332and/or state antitrust enforcers to share concerns and seek an2333investigation and/or enforcement action (i.e., ``influence . . . the2334administration and execution of law''). Victims in antitrust cases are2335extremely vulnerable to retaliation, and therefore my representation of2336those parties is highly confidential in addition to being protected by2337the attorney-client privilege. The Rules of Professional Conduct for2338the District of Columbia Bar prevent me from disclosing the identity of2339those clients.2340    The National Grocers Association retained me to provide antitrust2341counseling and legal advice on a number of matters. This included2342guidance on model legislation to protect competition in the grocery2343sector.2344                            c. legal matters2345    1. Have you ever been disciplined or cited for a breach of ethics,2346professional misconduct, or retaliation by, or been the subject of a2347complaint to, any court, administrative agency, the Office of Special2348Counsel, an Inspector General, professional association, disciplinary2349committee, or other professional group? If yes:23502351  a.  Provide the name of the court, agency, association, committee, or2352        group;23532354  b.  Provide the date the citation, disciplinary action, complaint, or2355        personnel action was issued or initiated;23562357  c.  Describe the citation, disciplinary action, complaint, or2358        personnel action;23592360  d.  Provide the results of the citation, disciplinary action,2361        complaint, or personnel action.23622363    No.2364    2. Have you ever been investigated, arrested, charged, or held by2365any Federal, State, or other law enforcement authority of any Federal,2366State, county, municipal, or foreign government entity, other than for2367a minor traffic offense? If so, please explain. No.2368    3. Have you or any business or nonprofit of which you are or were2369an officer ever been involved as a party in an administrative agency2370proceeding, criminal proceeding, or civil litigation? If so, please2371explain.2372    In 2007, a roommate and I were plaintiffs in a lawsuit against our2373former landlord, in which we alleged that he had comingled funds in2374violation of Chicago city ordinances. The matter settled shortly after2375the suit was filed. The case number was 2007-MI-179986, in the Circuit2376Court of Cook County, Municipal Department, First District.2377    4. Have you ever been convicted (including pleas of guilty or nolo2378contendere) of any criminal violation other than a minor traffic2379offense? If so, please explain. No.2380    5. Have you ever been accused, formally or informally, of sexual2381assault, sexual harassment, or discrimination on the basis of sex,2382race, religion, or any other basis? If so, please explain.2383    In 2018, while at Paul, Weiss, I was the senior associate2384overseeing a second request response for a client. My duties included2385managing a significant number of junior associates. One junior2386associate, a male, consistently turned in work that was late and of2387poor quality. After a short period, I removed him from the matter, over2388his strenuous objections. In retaliation, he made baseless allegations2389in a written ``upward review'' that I had engaged in favoritism toward2390male associates while managing the matter. I was shocked to see this,2391as nearly all of the associates to whom I entrusted the most important2392tasks and from whom I received the best work product were women. After2393reading the allegations, I shared them with two of the female2394associates I oversaw, and they both confirmed that there was absolutely2395no merit to the claims. The concern was never raised to me by anyone2396else at the firm, and the male associate parted ways with the firm2397shortly after his next performance review.2398    6. Please advise the Committee of any additional information,2399favorable or unfavorable, which you feel should be disclosed in2400connection with your nomination. None.2401                     d. relationship with committee2402    1. Will you ensure that your department/agency/commission/2403corporation complies with deadlines for information set by2404congressional committees, and that your department/agency/commission/2405corporation endeavors to timely comply with requests for information2406from individual Members of Congress, including requests from members in2407the minority?2408    If confirmed, I will work diligently with my fellow commissioners2409to ensure compliance with deadlines and requests for information.2410    2. Will you ensure that your department/agency/commission/2411corporation does whatever it can to protect congressional witnesses and2412whistleblowers from reprisal for their testimony and disclosures? Yes.2413    3. Will you cooperate in providing the Committee with requested2414witnesses, including technical experts and career employees, with2415firsthand knowledge of matters of interest to the Committee? Yes.2416    4. Are you willing to appear and testify before any duly2417constituted committee of the Congress on such occasions as you may be2418reasonably requested to do so? Yes.2419                                 ______24202421                              Attachment A2422[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]24232424    The Chairman. Thank you to you both. Your backgrounds are2425remarkable. Mr. Kratsios, let's start with you. Mr. Kratsios,2426during the first Trump Administration, you served as the U.S.2427Chief Technology Officer and as the third highest ranking2428official at the U.S. Department of Defense.2429    Mr. Meador, you bring extraordinary experience not only2430from your time at the FTC, but also from your tenure at the2431Department of Justice in the Antitrust Division, and your work2432in the Senate as a recidivist, twice going to work for Mike2433Lee.2434    Mr. Kratsios, please tell the Committee why do you want to2435be the Director of the Office of Science Technology Policy?2436    Mr. Kratsios. I deeply believe that it is critically2437important for our Nation to lead the world in emerging2438technologies. These are technologies like AI, like quantum,2439like advanced telecommunications that will power our economy--2440ensure a long term national security.2441    And if there is one agency within the Government that can2442help in this mission is OSTP. It is an organization that was2443established to coordinate all the disparate science and2444technology equities across the Government. I am familiar with2445how the agency operates, and I believe that I can do a very2446great job in driving these initiatives across Government.2447    The Chairman. Now, as Chief Technology Officer during the2448first Trump Administration, you played a key role in freeing up2449a significant amount of Federal spectrum for 5G through the2450AMBIT process. Do you expect that this Administration will2451again push for freeing up spectrum for commercial use?2452    Mr. Kratsios. I think it is critically important to always2453be looking at ways that we can better utilize the spectrum that2454is currently being occupied by various Government agencies. And2455the process that we are able to show in the AMBIT process is2456that if you bring the right technologies to bear on these2457problems, we can find a way that can benefit both the national2458security interest of the United States and the commercial2459interest.2460    So I think it is very possible to be done, and I think we2461just have to bring to bear the great science and technologies2462at OSTP to help solve the critical technical problems or2463technical challenges associated with freeing up some of the2464spectrum.2465    The Chairman. And given your experience as a senior leader2466at the Defense Department, would you agree that it is2467technologically possible to free up spectrum without2468compromising national security?2469    Mr. Kratsios. I think it is proven that it can be done. It2470has been done before. And I think if we get the right minds2471together in a room, I think these are the types of problems2472that we can solve collectively.2473    The Chairman. Terrific. Mr. Meador, during the nomination2474hearing for Commissioners Ferguson and Holyoak, I noted the2475challenges posed by evolving markets and emerging technologies.2476I have long thought the actions of big tech and our reliance on2477such companies may raise both consumer protection and antitrust2478concerns.2479    I was very pleased to see Chairman Ferguson issue a request2480for information last week seeking public comment regarding2481technology platforms' censorship. He highlighted that current2482actions by tech platforms may violate their own terms of2483service, in violation of Section 5 of the FTC Act.2484    Mr. Meador, how should the FTC address the challenges posed2485by emerging technologies and big tech?2486    Mr. Meador. Thank you, Mr. Chairman. I believe the FTC has2487taken the first step, which is to collect all of the facts.2488Before we can make any enforcement decision, we need to know2489the marketplace reality.2490    And so, reaching out to consumers to hear about their2491experiences is the very first thing we need to do. After that,2492it is a matter of looking at the facts under the law to see2493whether there has been, in the case of a consumer protection2494matter, some act of unfair practice or a deception of2495consumers.2496    And so I am confident that with this first step of2497collecting information, the FTC is off to the right start. And2498if I am fortunate enough to be confirmed, I look forward to2499working with Chairman Ferguson and the other Commissioners to2500look at this issue very closely.2501    The Chairman. Would you agree that the FTC has ample tools2502to address the challenge of big tech censorship? And I have2503long said that I think big tech censorship poses the single2504greatest threat to free speech and free and fair elections in2505this country. Do you agree with that assessment?2506    Mr. Meador. I do, Chairman. I believe that the FTC has a2507lot of tools at its disposal currently, and the first thing2508that it can do is to undertake an examination of the market2509through that lens, to see what tools we have available to2510address the harms that we identify in the marketplace.2511    Should we encounter some harm that can't be solved with the2512tools that FTC has today, I would be happy to work with your2513office and other members of the Committee to discuss what the2514path forward might be for additional tools to solve that2515problem.2516    The Chairman. Mr. Kratsios, at OSTP you played a pivotal2517role in advancing the United States's AI strategy, and you2518helped establish many of the tenets put in place under the 20202519National Artificial Intelligence Initiative Act. But some of2520those tenets were abused by the Biden Administration.2521    The first Trump Administration's AI initiative emphasized2522NIST's role in developing basic measurement standards for AI.2523Under President Biden, misused authorities granted by the AI2524Initiative Act to develop standards for evaluating supposed AI2525``risks,'' and I put that in quote, such as bias and2526misinformation, testing standards became a Trojan horse for2527progressive social policies.2528    In January 2025, President Trump issued a new AI Executive2529Order in which he directed OSTP to develop an AI action plan.2530The President knows the United States must avoid the European2531model of premature regulations, something Vice President J.D.2532Vance also emphasized in his speech at the Paris AI Summit the2533other week.2534    How did the previous Administration deviate from the AI2535strategy that you put in place, and how do you anticipate that2536the Trump Administration will build on your past work to ensure2537American leadership and dominance in AI?2538    Mr. Kratsios. I look forward to, if confirmed, working on2539the AI action plan with other members of the White House and2540interagency.2541    The most important thing when you--to me, when you think2542about applying an AI strategy across the agencies, is to think2543very carefully and critically about what the individual2544missions of the various agencies are and align the policy2545actions associated with the strategy to the mission.2546    With regards to NIST, for example, NIST has a long2547bipartisan history of being an agency that does measurement2548science, and the work associated with any AI initiative should2549be in the light of that--it should be focused on measurement2550science.2551    So to me, I look forward to working with a wide variety of2552agencies that would be involved in driving this AI action plan,2553but most critically and I think through the lens that I would2554be looking through all this through is understanding what the2555strengths are of individual agencies and making sure that how2556they contribute to the larger strategy aligns with that, rather2557than deviating from it.2558    The Chairman. Thank you. Senator Blunt Rochester.25592560            STATEMENT OF HON. LISA BLUNT ROCHESTER,2561                   U.S. SENATOR FROM DELAWARE25622563    Senator Blunt Rochester. Thank you, Chair Cruz and Ranking2564Member Cantwell. And thank you both to Mr. Meador and Mr.2565Kratsios for being here. I would like to start with a few2566questions for Mr. Meador.2567    I appreciated our meeting yesterday, and we discussed2568protecting consumers is at the heart of the Federal Trade2569Commission's work. I shared with you in our meeting that I have2570received an overwhelming outreach from my constituents from2571calls and e-mails.2572    We had a town hall yesterday with over a thousand folks,2573and many of them are concerned and some are just afraid that2574Elon Musk and DOGE are accessing their personal data, from2575their Social Security numbers to tax records. Not only are they2576concerned about people accessing this but what they will use it2577for.2578    As a consumer protection enforcer, what responsibility do2579you think the FTC has to monitor DOGE with regards to sensitive2580and private consumer data?2581    Mr. Meador. Thank you, Senator. I enjoyed our conversation2582as well. It is good to be with you again. So as I mentioned at2583the time, there are laws the FTC enforces, and there are also2584laws to which the FTC is subject. And in the latter category is2585included confidentiality protection.2586    So, when I was staff attorney practicing antitrust law, we2587would collect information from third parties as part of the2588investigation, and we were required to keep that confidential.2589And that is very important, so that businesses can trust that2590when they come to the FTC and share information as a witness to2591help our investigations, that it won't be leaked. Those cover2592the other side of the FTC as well and consumer protection2593matters.2594    And so, the agency has an obligation to keep all of the2595confidential information that it collects private and within2596the agency. I can't speak to what the internal plans or2597practices are for DOGE, but I can commit that if confirmed to2598this position, I would ensure the FTC is following the laws2599that it enforces as well as the laws that restrict it.2600    Senator Blunt Rochester. Thank you. Yesterday, we also2601discussed our shared concern over pharmacy benefit managers or2602PBMs. As we discussed, PBMs contribute to inflated drug costs2603for Americans and play an outside role in the drug supply chain2604at the expense of consumers.2605    In the House, I was able to co-lead a bipartisan effort to2606rein in PBMs and want to continue to do that in the Senate.2607Will you commit to supporting continued work at the FTC to2608investigate PBMs and take necessary enforcement actions?2609    Mr. Meador. Thank you. I was fortunate to begin my career2610at FTC in the health care division. And so, this is an area of2611the economy that I care deeply about and is really one of those2612kitchen table issues that people pay close attention to.2613    And if confirmed, yes, I am committed to ensuring we have2614competitive markets in the health care space and using all of2615the agency's tools in furtherance of that mission.2616    Senator Blunt Rochester. Thank you. Mr. Kratsios, in your26172019 confirmation hearing, you said ``workforce development2618must be at the heart of everything we do at the Office of2619Science Technology Policy.'' Do you still believe this?2620    Mr. Kratsios. I do, yes.2621    Senator Blunt Rochester. So I am laser focused on preparing2622the workforce for jobs of today and the future. I was Secretary2623of Labor in Delaware. I started a bipartisan future work caucus2624in the House. And especially when we look at things like2625biotech and AI and quantum, as Director of OSTP, would you2626prioritize strategies to increase our emerging tech workforce?2627And if so, how?2628    Mr. Kratsios. Absolutely. Whenever I think about how you2629structure a national strategy around emerging tech, it2630typically falls on four pillars. One is R&D. One is on2631regulations. One is on international.2632    And the fourth pillar is always workforce. And within the2633Federal Government, there is lots of levers that you can use to2634drive those efforts. It can be through grants and fellowships2635to researchers.2636    And it can also be through lots of other programs to allow2637for training and reskilling. So I am a big advocate and would2638be delighted to work with you on those issues.2639    Senator Blunt Rochester. Great. Much of the work is outside2640of Government, but I am concerned about the mass firings of2641scientists and engineers at NIH and NIST. Do they--does that2642concern you? And do you think that the hollowing out of the2643Federal Government for this technical talent risks losing2644ground to economic competitors like China?2645    Mr. Kratsios. I think it is very important when you enter2646into a new Administration to have the opportunity to assess the2647team that you have on the field and determine what is the best2648way to be able to drive the priorities of the American people2649and the President. And I think it is very natural and common2650sense and logical to do that evaluation.2651    And what I have observed from the outside is that these2652considerations of employment are ones that do not--are not2653specifically targeted to science and technology but are broad2654across all the agencies. So I think it is an important and2655necessary step to take when you start a new Administration.2656    Senator Blunt Rochester. My time has expired, but I will2657submit some questions for the record, Mr. Chair. And one of2658which is I wanted to know if you believe there is bias in AI or2659has been bias in AI. Thank you, and I yield back.2660    The Chairman. Thank you. Senator Fischer.26612662                STATEMENT OF HON. DEB FISCHER,2663                   U.S. SENATOR FROM NEBRASKA26642665    Senator Fischer. Thank you, Mr. Chairman. And thank you to2666both of our nominees here today. I enjoyed meeting with both of2667you before this hearing, so thank you for coming into my office2668and having a good discussion. Mr. Kratsios, I welcome your2669enthusiasm for advancing American leadership on emerging2670technologies.2671    As you know, OSTP is responsible for coordinating science2672and tech policy among Federal agencies. When you were the2673United States Chief Technology Officer, one of your focuses was2674advancing DOD's unique testing authorities to drive innovation.2675    And at the time, you stated that the Department of Defense2676is at the forefront of cutting edge 5G testing and2677experimentation. Do you still believe that?2678    Mr. Kratsios. I do, yes.2679    Senator Fischer. And when it comes to 5G and other spectrum2680matters, do you believe that DOD testing should be faithfully2681integrated into a national spectrum policy?2682    Mr. Kratsios. Yes, DOD is a critical component of the2683spectrum strategy.2684    Senator Fischer. If you are confirmed to be Director of2685OSTP, your role will still be influential on national spectrum2686policy, even though it may be smaller compared to other2687agencies. Previously, I understood you were involved with2688America's Mid-Band Initiative Team, known as AMBIT, and you2689brought that up a couple times yesterday in our discussion.2690    And so, I looked into it a little bit more to familiarize2691myself with it. And that was an auction off mid-band spectrum2692held by DOD, and it was to make those licenses available to2693wireless companies. Is that correct?2694    Mr. Kratsios. Yes.2695    Senator Fischer. Did AMBIT auction, did that cause more2696congestion for defense systems operating in that lower 3 band?2697    Mr. Kratsios. In my opinion, I think AMBIT provided an2698opportunity for a technical analysis of that spectrum range and2699find a way to be able to still complete the security mission by2700moving some of the workloads that were in the auction band to2701lower bands.2702    Senator Fischer. So they had to compress that band even2703more then, in order to accommodate that into the lower 3? Is2704that correct?2705    Mr. Kratsios. Yes. So some of the activities that were in2706the band that ultimately were auctioned were moved down to2707lower bands.2708    Senator Fischer. Are you familiar--oh, first of all, I2709understand that AMBIT struggled on the back end with major2710relocation costs from the defense systems that were de-placed2711in that process of compressing them. Is that correct?2712    Mr. Kratsios. I don't--I haven't tracked the details of2713that since I left office, but there is always transition costs2714associated with freeing up bands typically.2715    Senator Fischer. Are you familiar with any of the costs?2716Are those readily available to be--so we can access those? Do2717you know how that cut into the net revenue that was expected2718from the auction?2719    Mr. Kratsios. I am not familiar with those details but I2720can try to see what is publicly available.2721    Senator Fischer. That would be great. Mr. Meador, over the2722years, the Federal Trade Commission has faced off in court2723against the deepening pockets of major corporations, especially2724when it comes to big tech. If confirmed, how would you2725prioritize litigation and effectively use agency resources in2726upholding the FTC's mission?2727    Mr. Meador. That is a very important topic. I will say the2728FTC staff have gotten very good at doing a lot with often much2729less.2730    If confirmed, my first step will be to consult with the2731Chairman, the Commissioners, and of course, the staff to2732understand what challenges they are facing--what do we have on2733our docket and what resources do we have available.2734    And then, work collaboratively with all of them to2735determine which cases are the highest priority to protect the2736largest number of consumers from the greatest threats.2737    Senator Fischer. It is my understanding that at times there2738can be tension with that enforcement coordination with the2739Department of Justice. Do you have any comments on that, or if2740that would occur, what would you do?2741    Mr. Meador. Sure. Yes, this is something that has happened2742frequently in the past. Some of it has unfortunately been very2743public.2744    I am confident that President Trump has selected leaders2745for this Administration who can work very well together. I2746think is of paramount importance that both agencies be singing2747from the same hymn sheet and be aligned on policy and2748enforcement decisions. And there should really be no daylight2749between them when it comes to how they are enforcing the2750antitrust laws.2751    I think anything is possible if you don't care who gets the2752credit. And so, when it comes to merger clearance, we should be2753focusing on protecting consumers as fast as possible, not2754trying to get one up on the other agency.2755    Senator Fischer. Thank you both for putting yourselves2756forward to serve in these very dangerous times that we live in.2757I really appreciate it and thank you to your families as well.2758Thank you, Mr. Chairman.2759    The Chairman. Thank you. Senator Baldwin.27602761               STATEMENT OF HON. TAMMY BALDWIN,2762                  U.S. SENATOR FROM WISCONSIN27632764    Senator Baldwin. Thank you, Mr. Chairman. The bipartisan2765CHIPS and Science Act authorized one of the largest investments2766in our Nation's history into public research and development.2767These investments will help ensure the United States remains a2768global leader in innovation for critical and emerging2769technologies such as artificial intelligence and quantum2770computing.2771    Unfortunately, it has been reported that the Trump2772Administration is considering reducing the National Science2773Foundation, their annual budget, by up to 66 percent, and I2774believe this would be a disastrous step backward in the2775international race to invest in and develop these technologies.2776    So Mr. Kratsios, do you support the bipartisan investments2777that have been made under the CHIPS and Science Act?2778    Mr. Kratsios. I generally have for many years supported the2779important role that federally funded, early stage, basic pre-2780competitive research plays in the ecosystem. And----2781    Senator Baldwin. so, is that a yes, as far as the CHIPS and2782Science Act?2783    Mr. Kratsios. I think components of the CHIPS and Science2784Act are extremely important for ensuring U.S. leadership in2785semiconductors and the broader AI ecosystem.2786    Senator Baldwin. OK. Do you think it would be wise to2787reduce the budget of the National Science Foundation and cut2788back on these critical investments in research and development?2789    Mr. Kratsios. I can't speak necessarily the top line of the2790National Science Foundation budget----2791    Senator Baldwin. About 66 percent is what we have heard2792floated.2793    Mr. Kratsios. So I will defer to the President and OMB as2794they decide those top lines. But to me, I think what is2795important is in some sense the absolute number, but more2796importantly, how the dollars that actually are budgeted and2797ultimately appropriated are spent in prioritizing them in areas2798of the national interest.2799    When I served as the USCTO in the last Administration even2800in constrained budget environments, we spent a lot of time2801trying to ensure that we were prioritizing investments in the2802areas that were most critical for the future of American2803prosperity.2804    Senator Baldwin. But you wouldn't rule out a 66 percent cut2805in NSF funding?2806    Mr. Kratsios. I would defer again to the process that the2807President and OMB are going to lead.2808    Senator Baldwin. Thank you. We know that in order to remain2809a global leader, we need our best and our brightest, regardless2810of their gender, their race, their ethnicity, their sexual2811orientation, to be on the front lines in these research2812careers.2813    That is why the bipartisan CHIPS and Science Act requires2814OSTP to develop and publicize guidance to Federal laboratories2815and universities on best practices to help identify any2816institutional barriers that limit the recruitment, retention,2817and advancement of women and underrepresented minorities in2818STEM research careers.2819    So, Mr. Kratsios, do you believe President Trump's2820Executive Order ending DEI programs contradicts this bipartisan2821law? And do you commit to executing this OSTP directive in the2822law, even if you are directed by President Trump not to?2823    Mr. Kratsios. I do not believe that the DEI Executive Order2824is in conflict with the law. I have for many years and will2825continue to advocate for all Americans to be able to pursue2826STEM degrees. In my opinion, there are not enough Americans2827pursuing advanced degrees in STEM, and it would be my priority,2828if I was to be confirmed, to try to get as many Americans as2829possible to go back into STEM fields.2830    Senator Baldwin. Thank you. Mr. Meador, I really appreciate2831your taking the time last week to stop by to discuss some of2832the critical issues that are before the Federal Trade2833Commission.2834    In our meeting, we discussed our shared concerns around the2835market consolidation in the health care industry. I appreciated2836hearing from you about your perspectives on private equities'2837acquisition of hospitals, physician groups, and nursing homes.2838    Can you share with the Committee what role you believe the2839Federal Trade Commission has in the interest of health care2840quality and costs?2841    Mr. Meador. Thank you for raising that topic. The FTC plays2842a critical role in its antitrust enforcement duties to ensure2843that our markets remain competitive. That includes both2844preventing anticompetitive conduct, but also policing mergers2845to ensure there is not undue consolidation with any--within any2846individual market.2847    There, it is important to look at the competitive effects2848of a merger, regardless of who is purchasing it, to ensure that2849in the aftermath we are going to have a competitive status quo.2850That competition will be maintained so that all health care2851providers feel that need to continue to provide better quality2852services to patients.2853    Senator Baldwin. Thank you. So I only have 20 seconds left.2854Mr. Kratsios, you may answer this either here or for the2855record. You come to this role with significant prior experience2856with artificial intelligence. With respect to healthcare, I2857want to know what role you believe AI has in our healthcare2858systems, and what, if any, guardrails you think should be in2859place?2860    Mr. Kratsios. I think one of the greatest and most2861impactful applications of artificial intelligence will be in2862the world of health care, from drug discovery to the way that2863we operate our health care institutions. So there is a2864tremendous opportunity, both at places like HHS and in the2865private sector to make an impact.2866    The Chairman. Thank you. Senator Curtis.28672868                STATEMENT OF HON. JOHN CURTIS,2869                     U.S. SENATOR FROM UTAH28702871    Senator Curtis. Thank you, Mr. Chairman. Mr. Meador, in the2872waning days of the Biden Administration, the FTC noticed two2873proposed rulemakings regarding earnings claims. These rules2874unfairly targeted the direct selling industry, which is a large2875industry in Utah. It represents 38,000 jobs, $2.7 billion of2876statewide earnings.2877    But more important, an industry that I know from firsthand2878observation works diligently to obey all the laws, to stay2879within all the parameters, and yet frequently finds themselves2880attacked by bureaucrats. So my question for you is, can you2881commit to voting against implementing the two proposed rules?2882    Mr. Meador. Thank you, Senator. Well, I can't commit to any2883specific vote, should I be confirmed, but I can tell you that2884if I am confirmed, I will work with staff to get up to speed on2885that issue and approach it with an open mind.2886    Senator Curtis. Good. And I appreciate and understand that,2887so I am going to rephrase what you said with a little more2888emphasis and see if you could say yes to this. Can you commit2889to giving full and fair consideration to their concerns of the2890direct selling industry, and what they have about these two2891proposed rulings?2892    Mr. Meador. Absolutely.2893    Senator Curtis. Great. Thank you very much. I appreciate2894that. And it is very important to these companies to get it2895right and to be able to also just to have that audience to be2896able to explain their perspective. Thank you.2897    Mr. Kratsios--if I pronounce that wrong, you are probably2898used to that. I am sorry. Thank you for coming by my office.2899The Director of Office of Science and Technology Policy will2900have a seat on the President Trump's National Energy Dominance2901Council. We talked about that.2902    What do you see as his role on this council, and how will2903you leverage that role to push forward new energy technologies?2904    Mr. Kratsios. I think on that council, one of our primary2905missions, I guess first and foremost, is to provide important2906technological and scientific advice to the rest of the council2907members.2908    I think what OSTP can also advocate for are new and2909emerging ways--new and emerging technologies that can be used2910in energy--achieving energy dominance. Things like small2911modular reactors. And it is something that I look forward to,2912if confirmed, building out a team to help support.2913    Senator Curtis. Excellent. And I would love you to come see2914in person Utah's innovation in this field, and I think they are2915doing some amazing things. If you get a chance, come see us in2916Utah.2917    Mr. Kratsios. Thank you. I would love to.2918    Senator Curtis. Yes. The second question, when we met we2919talked about, your interest is this intersection between2920national security and technology. Unsurprisingly, our greatest2921rival is China.2922    What would be the national security implications of China2923leading in emerging technologies, and how would you advise the2924President on the best policy approach to ensure the U.S.2925leadership in these technologies?2926    Mr. Kratsios. I think first and foremost we have to make a2927priority to drive U.S. leadership in these critical fields,2928which I think the President has done.2929    The next step is actually being able to execute and bring2930to bear the totality of the American innovation ecosystem,2931which is the Federal Government, the private sector, and2932academia working together to develop and--these new2933technologies, both sort of from discovery all the way to2934fielding them.2935    I think one area that is also very important is taking2936technologies that have proven very successful and sort of2937represent American dominance in the field--take, for example,2938large language models--and actually making the step to apply2939those to the critical national security missions that we have2940at the DOD and in the IC.2941    It would be a shame if we are able to lead in these2942technologies, but we are not actually fielding them in support2943of the warfighter. So I think there is a lot of work to be done2944both in maintaining our leadership and things like AI, but also2945fielding those technologies in Government itself as well.2946    Senator Curtis. I appreciate that. Appreciate both of your2947answers. Thank you, Mr. Chairman. I yield.2948    The Chairman. Thank you. Senator Lujan.29492950               STATEMENT OF HON. BEN RAY LUJAN,2951                  U.S. SENATOR FROM NEW MEXICO29522953    Senator Lujan. Thank you, Mr. Chairman. And thank you both2954for being here today. Mr. Meador, when we met in my office, we2955discussed the importance of an independent FTC. Unfortunately,2956the current Administration is undermining that independence by2957refusing to defend the Supreme Court's 90-year-old decision in2958Humphrey's Executor.2959    In that decision, the Supreme Court held that FTC2960Commissioners and members of other bipartisan, independent2961agencies can only be fired for a cause. My office sent over the2962text of Humphrey's Executor letter to Congress from the Acting2963Solicitor General, stating that the Administration will no2964longer defend the Constitutionality of certain for cause2965removal protections, and a statement from Chair Ferguson that2966he agrees with the Acting Solicitor General's position. Did you2967receive that information?2968    Mr. Meador. Thank you, sir. I received it late last night,2969yes.2970    Senator Lujan. Did you have a chance to review them?2971    Mr. Meador. In brief, I did.2972    Senator Lujan. Appreciate that. Do you agree with the2973Solicitor General's position?2974    Mr. Meador. So, Senator, thank you for bringing up this2975important topic. I can't weigh in too much on the substance,2976given that it is the subject of ongoing litigation involving2977the FTC, but I think I can share some additional thoughts. I2978agree with some of the scholarship of Justice Elena Kagan on2979this.2980    She has written about Presidential Administration and made2981the observation that direct Presidential control of Federal2982agencies increases democratic accountability. I believe on2983November 5, the American people give a very clear signal that2984they want greater accountability in how the Federal Government2985is administered, and that is what led to the election of2986President Trump.2987    And I can commit that, if confirmed to this position, that2988I will work to serve the American people and will do so by2989advancing the agenda of the President that they elect.2990    Senator Lujan. Mr. Meador, can you repeat again why you2991can't answer that question?2992    Mr. Meador. The underlying legal question, Senator, is2993subject to ongoing litigation in which the FTC is involved. And2994so, it wouldn't be appropriate for me to weigh in on that.2995    Senator Lujan. Appreciate that. So is it appropriate for2996Mr. Ferguson to weigh in?2997    Mr. Meador. I would defer to Chairman Ferguson on that.2998    Senator Lujan. But you believe that you should not because2999it is currently before the courts?3000    Mr. Meador. I believe----3001    Senator Lujan. And you stand strong behind that?3002    Mr. Meador. It is inappropriate for me as a nominee to3003weigh in on pending litigation----3004    Senator Lujan. If you were an FTC Commissioner, would it be3005appropriate for you to weigh in?3006    Mr. Meador. I would have to consult with the Office of3007General Counsel. I expect they would likely reach a similar3008conclusion, but I haven't asked them that question from the3009standpoint of a confirmed Commissioner.3010    Senator Lujan. Mr. Chairman, you are a legal scholar. I am3011not. I am a lay person. I think that that answers the question3012resoundingly, and I very much appreciate that clarification.3013Mr. Meador, if you are confirmed and the Supreme Court3014overturns Humphrey's Executor, how are you going to maintain3015your independence?3016    Mr. Meador. Senator, I view this question as having the3017same answer, regardless of how the legal proceedings play out.3018My understanding is that the President has nominated me to3019serve the American people. And regardless of how the court3020decides these matters, I will show up each day to serve the3021American people by working to enforce the law fully and fairly.3022    Senator Lujan. Do you believe the FTC should be3023independent?3024    Mr. Meador. Senator, I will defer to the courts, and3025Congress, and the President on the resolution of that matter. I3026view my job as a narrowly focused one on enforcing the law to3027the best of my ability.3028    Senator Lujan. And it speaks for itself. The previous3029Administration, the FTC with their work, with their mission3030with PBM--I think that there was a question asked by Lisa Blunt3031Rochester in this space. Will you commit to continuing the3032important work of holding PBMs accountable with their3033practices?3034    Mr. Meador. Thank you. Yes, as I mentioned for Senator3035Blunt Rochester, this is a very important topic, and I am glad3036to see the interest in it among the Committee members. If3037confirmed, I can absolutely commit to ensuring we are enforcing3038the competition laws across the entire health care space.3039    Senator Lujan. Last Congress, I pressed Merck CEO to ensure3040that they wouldn't play patent games when the primary patent3041for their cancer drug, KEYTRUDA, comes up.3042    He agreed that they wouldn't for the intravenous version of3043the drug, but soon after it came out the subcutaneous version3044of the drug, which you may be aware is between the skin and the3045muscle--so it tries to get below all the skin, but right above3046the muscle. A blatant example of the games companies play3047called ``product hopping''.3048    What will you do at the FTC to address these uncompetitive3049practices?3050    Mr. Meador. Thank you. This was a topic I had the--well, I3051wouldn't say the fortune since we don't like to see anti-3052competitive conduct, but I had the experience of working on3053these matters as an attorney in the health care division.3054    And if confirmed, I will be working with that staff and the3055other Commissioners very closely to ensure that we are3056enforcing the law to its fullest extent.3057    Senator Lujan. Mr. Kratsios, yes or no, do you believe the3058national labs are critical to our Nation's scientific research3059and technological advancement, including supporting our3060Nation's energy future and ensuring our national security?3061    Mr. Kratsios. I do. I have for many years has been a fierce3062advocate of our DOE lab system.3063    Senator Lujan. Do you see a role for the national labs in3064using AI for national security risk assessment?3065    Mr. Kratsios. I think the DOE already does that, and I3066think they should continue to do that work.3067    Senator Lujan. You previously testified on the importance3068of quantum as a key industry of the future. Do you support the3069reauthorization of the National Quantum Initiative Act to help3070advance American leadership in quantum?3071    Mr. Kratsios. I was a big advocate of the initial passage3072of the bill, and I would love to work with this committee again3073to see if we can get it reauthorized.3074    Senator Lujan. Appreciate that. Mr. Chairman, just a little3075sidebar there. I remember asking a question about quantum3076computing. It may have been in a SCIF.3077    And the individual that was presenting to us at the time3078said that they should not answer the question on quantum3079because it is classified. I then held up a copy of Fortune3080Magazine, which that issue decided to cover quantum. So it is3081just refreshing to be able to have that conversation in this3082committee. I appreciate it, Mr. Chairman.3083    The Chairman. Well, and I agree that far too much is3084classified that you can read in the newspaper. I will say also3085to my friend from New Mexico who raised good questions, I do3086not have any of the constraints the nominee has.3087    And so, I am happy to answer your question, which is that I3088think Humphrey's Executor was wrongly decided and should be3089overruled. As I read Article II, all Executive power is vested3090in the President of the United States.3091    And I would note this is a similar exchange that this3092committee had with Secretary Howard Lutnick, where some members3093of the Committee were surprised that Secretary Lutnick,3094appointed by President Trump, was going to work to implement3095the President's agenda.3096    And I would suggest that is not a surprising thing. I would3097expect President Trump's nominees to work to implement his3098agenda, just as President Biden's nominees worked to implement3099his agenda, as did President Obama's and every President we3100have had.3101    And the beauty of our Constitutional structure is the3102President is democratically accountable to the people. Senator3103Hickenlooper.31043105             STATEMENT OF HON. JOHN HICKENLOOPER,3106                   U.S. SENATOR FROM COLORADO31073108    Senator Hickenlooper. Thank you, Mr. Chair. Gentlemen, I3109appreciate your commitment to working in the public interest.3110Let me start off with Mr. Kratsios. In your role as Director of3111OSTP, you will be responsible for working with various advisory3112bodies, the President's Council on Advisors and Science and3113Technology, PCAST, the National Science and Technology Council.3114    Obviously, I am--you know, in Maslow's hierarchy of3115science, a geologist is near the bottom, but I am a scientist,3116have published peer reviewed research, and I think it is3117important that we make sure that science remains impartial,3118objective, and nonpartisan.3119    So we need to make sure that our scientific enterprise is3120examined, and reexamined, and continues to be modified to be3121more successful in those essential needs of our country. If you3122are confirmed, how do you commit to, or can you commit to3123ensuring OSTP works with scientific community's voice? That the3124scientific community is fairly represented, and their voice is3125truly uplifted?3126    Mr. Kratsios. Yes, I--thank you for bringing that up. I3127think to me, one of the most important goals that I even3128mentioned in my opening statement was to ensure that the team3129that we build at OSTP is representative of a wide variety of3130scientists and technologists that support the important policy3131priorities of the President.3132    So in any Administration, OSTP starts with very few people3133on the team, and the next year is spent finding the best3134scientists and technologists from across the interagency to3135bring into the White House to work with the agency. So I commit3136to doing that.3137    And I think it is critically important that any policy3138processes around the White House is informed by high quality,3139sound science. And that is something I look forward to bringing3140to bear on, on what we do at the White House.3141    Senator Hickenlooper. Great. Well, that is something we3142will support you on as it gets complicated, and as I am sure it3143will. Mr. Meador, a national privacy law would require a great3144amount of oversight to be able to hold businesses accountable.3145Sometimes these are very large businesses with immense3146capability.3147    State Attorneys General experience investigative teams that3148cover a range of consumer protection laws. Do you believe it is3149appropriate for State AGs to help the FTC enforce a Federal3150privacy law, especially if that Federal law preempts State3151laws? So why or why not?3152    Mr. Meador. Thank you, Senator. I believe that is3153ultimately a decision for Congress to make, at the time that it3154would pass a Federal privacy law to put structures in their3155governing--coordination with State AGs.3156    I can say that on the antitrust side of FTC, there has been3157very productive relationships between State AGs and the FTC.3158And so, hopefully, you know, should Congress give the agency3159additional powers in that area, we would see equally productive3160relationships there.3161    Senator Hickenlooper. In terms of recognizing the immense3162power of these very large companies and what we have seen with3163social platforms and in many cases the lack of any ability of3164Government to curtail some of the things we recognize are--I3165mean, some of the deepfake pornography, that is one example3166that comes up. How do you think we should be looking at AI on3167that same--within that same context of being able to get the3168market to have some balance?3169    Mr. Meador. Yes. That is an incredibly important topic that3170I think is only going to increase in prominence in the coming3171years. I think the first step is to view it through the lens of3172our existing enforcement authorities. So the FTC has the3173ability to police unfair and deceptive practices.3174    And we know that AI is already being used to turbocharge3175many of those acts. And so, it would be incumbent upon the FTC3176to keep a close eye on that activity, to make sure we are not3177letting anything slip through the cracks.3178    And should we become aware of something that we are not3179able to address with existing authorities, to consult with you3180and other members of the Committee to make sure that that is3181resolved.3182    Senator Hickenlooper. Right. And then the last thing we3183talked a little bit in our office about the importance of3184markets being balanced, how sometimes it is Government,3185sometimes it is private industry, but everybody is trying to3186distort markets when it is to their advantage.3187    Last week, FTC Chair Ferguson announced the agency will3188maintain the 2023 joint merger guidelines with the DOJ, with3189Department of Justice. And these guidelines--the guidelines3190outline the criteria for the FTC to consider as it looks at3191mergers and acquisitions.3192    You know, a lot of these decisions have direct effect on3193the markets themselves. How can the FTC ensure we maintain fair3194competition in markets as we keep a forward looking vision?3195    Mr. Meador. That is a great question. I really enjoyed our3196conversation. I thought you made several excellent points about3197the need to balance the prevention of anti-competitive conduct3198with not going too far to burdening markets with too much3199intervention.3200    And I think that has to remain at the forefront of every3201enforcement decision that the FTC takes, looking to ensure that3202they are actually improving the lives of consumers when they do3203act, but not going so far as to micromanage the economy in any3204area.3205    Senator Hickenlooper. I appreciate that. I yield back to3206the Chair. Thank you.3207    The Chairman. Thank you. Senator Young.32083209                 STATEMENT OF HON. TODD YOUNG,3210                   U.S. SENATOR FROM INDIANA32113212    Senator Young. Thank you, Chairman. Congratulations to our3213nominees. And I am very excited about your service and doing3214some good together. Mr. Kratsios, thanks for taking some time3215to visit with me a number of days ago.3216    And in that meeting, we discussed the critical importance3217of emerging technologies to our national security and our3218economic competitiveness. We discussed the CHIPS and Science3219Act. You know that is important to me as the Republican co-lead3220of that effort. I am still focused, as I indicated to you in3221that meeting, on achieving through the CHIPS program office for3222the reshoring and on shoring of our semiconductor manufacturing3223base.3224    And you offered me reassurances about those efforts, should3225you be confirmed. I just want to ask you to commit on the3226record to honoring existing CHIPS agreements to ensure3227stability for this growing industry as we work to further3228implement this program?3229    Mr. Kratsios. The specific agreements, I will have to defer3230to Secretary Lutnick in Commerce. But what I will certainly3231commit to, if confirmed, is working very closely with the3232Secretary and with a larger interagency on sort of the two3233pronged goal of being able to reshore the critical fabrication3234of high-end semiconductors to the United States. And part two,3235creating the R&D ecosystem necessary to continue to be the3236world leader in the design of these chips.3237    Senator Young. Great. And I trust that Secretary Lutnick3238will be following Congressional directives and intent and look3239forward to working with him on those efforts. You played a3240role, Mr. Kratsios, a key role in AI policy in the first Trump3241Administration.3242    I would expect in this different capacity, you will3243continue to play an important role. You played a very important3244role in the February 2019 Executive Order on maintaining3245American leadership in AI. If confirmed, do you plan to build3246on this work? And if so, in what way?3247    Mr. Kratsios. Absolutely. I think that was the first3248Executive Order ever signed by a President on artificial3249intelligence. That was signed by President Trump in February32502019.3251    I think the core crux of that Executive Order is the3252necessity for a whole of Government approach to achieving3253sustained American leadership in AI. We have to lead the world3254in artificial intelligence R&D.3255    We have to lead the world in creating a regulatory3256environment that allows our artificial intelligence companies3257to grow and succeed in the U.S.. We have to create an3258environment where our workforce can actually thrive and take3259advantage of new technology.3260    And the last pillar is around international engagement of3261how we can work with like-minded partners to ensure that U.S.3262AI becomes a default AI of the world versus some of our3263adversaries.3264    Senator Young. Thank you for that comprehensive answer. You3265know, there is a welcomed and I think important emphasis by3266certain incoming members of the Administration on making sure3267that we don't unduly throttle innovation as it relates to AI3268and that we encourage deployment. Can we better leverage3269public-private partnerships in emerging technologies more3270broadly to ensure that the U.S. remains a leader in innovation?3271    Mr. Kratsios. We can, Senator, yes. I think both in the3272world of AI and in quantum, we have seen examples where AI3273centers, both from NSF and DOE, have shown the opportunity3274where the private sector can come in and work with academia and3275Government together to do the important basic R&D, and then3276ultimately be able to translate that into use cases for the3277commercial sector. So I think we need to continue to look at3278those opportunities and do more of that.3279    Senator Young. I will move on to biotechnology briefly. Mr.3280Kratsios, I have chaired for the last roughly 18 months a3281National Security Commission on Emerging Biotech. We will3282produce our final report for Members of Congress in the next3283couple of months.3284    And I have come to learn how important this technology will3285be to our national security and our economic vigor for the next3286generation and beyond. If confirmed, how will you ensure the3287U.S. is prepared to take advantage of this key platform3288technology?3289    Mr. Kratsios. Yes, similar to other emerging technologies,3290the way that you can achieve U.S. leadership is through a whole3291of Government approach that is able to leverage the strengths3292of individual agencies and how they can plug in to the larger3293strategy.3294    I think just like we have seen with AI and quantum, you3295need coordination between agencies like DOE, the National3296Science Foundation, and Commerce, and even agencies like DOD3297that ultimately use this technology. And I think the same will3298go with biotech.3299    Senator Young. More specifically, what role will our3300ability to produce, gather, and put in readable format3301biological data play in our staying ahead of the competition?3302    Mr. Kratsios. I think it is very critical. If we look at3303some of the largest players in in China, I think their sole3304mission is to hoover up as much of that as possible. And I3305think the U.S. has been in a position to prioritize and think3306about the value of this genetic data.3307    Senator Young. One final thing from Mr. Meador. Noncompete3308reform has been a priority of mine. I think that non-3309competition agreements are overbroad, they are over utilized,3310and there are better instruments existing under labor law to3311deal with the stated concerns of employers.3312    This is an impediment to upward mobility and so forth. I3313think Ms. Khan acted illegally. The courts vindicated my view3314as it relates to this policy issue, but I think on the3315substance, directionally, they were headed in the right3316direction.3317    Do you have any plans as it relates to noncompete reform?3318And can you assure me that you will work with this committee if3319you start to rulemaking in--as it pertains to this issue?3320    Mr. Meador. Yes, Senator. Thank you. I share your concerns3321with regard to non-competes. I agree they have been overused3322and abused. And I won't comment on the legal status of the3323rulemaking since I know that is subject to litigation, but I3324can say there is a lot more the FTC can do, including through3325competition enforcement actions. I think that would be a good3326next step for the agency to take, is to investigate how we can3327use our traditional enforcement powers to address those harms.3328    Senator Young. Fantastic. I look forward to working with3329you on that, should you be confirmed. Can we work together?3330    Mr. Meador. Absolutely.3331    Senator Young. Thank you, sir. Chairman.3332    The Chairman. Thank you. Ranking Member Cantwell.3333    Senator Cantwell. Thank you, Mr. Chairman. And thank you3334again to both of the nominees, and your willingness to serve,3335and your families. Kids have been camped out there in the ante3336room having a good time, but they said that they can't wait to3337hear you answer more questions, so.3338    [Laughter.]3339    Senator Cantwell. Mr. Meador, on 13(b)--you know, we have3340had the FTC Commissioners before us. I almost think you could3341almost get to a resolution before we could get to a resolution.3342But you agree the importance of having 13(b) for consumers?3343    Mr. Meador. Yes, Senator. I think it is incredibly3344important that the Federal Trade Commission have the ability to3345return money to consumers who have been harmed.3346    Senator Cantwell. Right. So, do you have any thoughts about3347how to come to an agreement on restoration of that authority?3348    Mr. Meador. I would defer to this committee and Congress as3349a whole as to how best to navigate that. But if confirmed, I am3350ready and willing to consult and assist with your office or any3351others to figure out how we can make that happen as quickly as3352possible.3353    Senator Cantwell. But you see that refunds are part of3354that?3355    Mr. Meador. Yes. I believe when we have consumers who have3356been harmed by unfair or deceptive practices, one of the best3357things the FTC can do is get the money back to the consumers.3358    Senator Cantwell. So, but refunds writ large are a good way3359of preventing anti-competitive behavior?3360    Mr. Meador. They can certainly be a tool, I think. You3361know, everything is obviously fact specific. It depends on the3362case. But if confirmed, I look forward to working with the3363staff to examine what has been effective in the past and what3364we would want to do in the future.3365    Senator Cantwell. OK. Thank you. And then I know you got a3366question from one of my colleagues on PBMs, but Senator3367Grassley and I have reintroduced our PBM bill that is about3368outlawing spread pricing and clawback actions by PBMs. Do you3369have thoughts about that?3370    Mr. Meador. I will tell you; I enjoyed working with Senator3371Grassley staff in the Judiciary Committee on many of these same3372issues. And if confirmed, I would really appreciate consulting3373with your office and others to talk about what the best3374Legislative solution could be in this industry.3375    Senator Cantwell. But do you think that that is--you know,3376I like this anti-manipulation authority. I have given anti-3377manipulation authority to the Federal Energy Regulatory3378Commission. I gave it to the Commodities Futures Trading3379Commission. They both have established a very aggressive3380oversight of very anti-competitive and manipulative practices.3381    In fact, both agencies have gotten billions of dollars in3382fines against companies. The FTC not--hasn't done so much here.3383But Senator Grassley felt very specific about saying these3384types of practices are illegal. You don't have any problem3385saying that?3386    Mr. Meador. I would want to see the final report for the33876(b) study that is currently pending before the Commission. I3388think that is the first step we have to take. I have been3389looking at PBM since I was in law school, writing about them.3390    I am familiar with a lot of the concerns in the industry. I3391also know things have changed a lot since then, so I think it3392is important we understand what is happening in the marketplace3393today, and then we will know what steps to take.3394    Senator Cantwell. Yes, well, there could be good actors who3395basically do get you a discount. But if somebody goes to a3396large employer and says, I will get you a 35 percent discount,3397and then they pocket 30 percent of it at the PBM and only give3398the company and the workers 5 percent, that doesn't seem like a3399fair way to do business.3400    OK, I have to ask your seatmate there, Mr. Kratsios, about3401technology. I am sure people talked about testbeds while I was3402gone. You believe that that is a vital role that we play at the3403Federal level when, you know, aviation, or quantum or, you3404know, somebody can't do the scale at which an industry needs to3405get an answer?3406    Mr. Kratsios. Yes. Testbeds have served a very important3407purpose for a wide variety of technologies. NIST, for example,3408has a lot of experience in building testbeds as well.3409    Senator Cantwell. And so, where do you fall--I love that3410Senator Lee was here, as well as Senator Hagerty, because they3411both--well, one comes from a very benefited DOE state and the3412other one is chairing now the Energy Committee, and these are3413initiatives oftentimes on the testbed side that are at DOE or3414at NSF.3415    What are your thoughts about the President's NSF comments,3416and how do you think these two agencies fill that role of doing3417that testbed work?3418    Mr. Kratsios. I think both NSF and DOE have proven with the3419CHIPS Act implementation, and with work that was done even3420before that for both AI and quantum centers, there is great3421opportunity to leverage those two agencies with their rich3422history of funding and creating and organizing user facilities3423to be places where a lot of these very important testbeds can3424reside for their communities.3425    Senator Cantwell. So, you want to speak loudly about how3426robust that is. Is that correct? Is that--I want to make sure I3427get the characterization. I don't want to--you say this and3428then we will find out, oh, yes, go ahead. Take a meat cleaver3429to NSF.3430    Mr. Kratsios. I think it is critically important that3431through an interagency process, that OSTP is able to relay the3432importance of the scientific and technological community to the3433larger discussion and ultimately to the decision of the3434President. And I commit to bring to bear the science and3435technology advice to those conversations.3436    Senator Cantwell. OK, that sounded more like a politician3437than a science guy, but OK. What about spectrum? Do you think3438that we could use a little testbeding on the spectrum3439technology to help us really move ahead of our competitors here3440and really get the solution for the future?3441    Mr. Kratsios. I do. I think it is important to do kind of3442advanced spectrum testing. When I served as Acting3443Undersecretary of Defense for Research and Engineering, we did3444some work around 5G testbeds at some of our military bases.3445    And why that was sort of an interesting opportunity was3446that some of the regulations around approvals for these types3447of tests were much easier when they were done on military3448facilities. So I think across all emerging technologies, I3449think we have to be innovative and thoughtful on how to be able3450to make sure that the U.S. is continually leading on these3451technologies.3452    Senator Cantwell. Thank you. I will have more questions for3453the record on that. Thank you. Thank you, Madam Chair.34543455              STATEMENT OF HON. MARSHA BLACKBURN,3456                  U.S. SENATOR FROM TENNESSEE34573458    Senator Blackburn. Thank you, Senator Cantwell. And3459welcome. We are delighted that you all are here, and3460congratulations on your nominations. Mr. Kratsios, I know that3461Senator Lujan asked you about the Quantum Initiative and3462getting that back in gear. I want you, for the record, just3463talk about what you can do in this position as--if confirmed,3464to really advance quantum.3465    In Tennessee, this is something that is important.3466Chattanooga and the electric powered board there, they are3467working to commercialize the first open, available--3468commercially available quantum network. So, I would love to3469hear that from you.3470    Mr. Kratsios. Yes. So OSTP plays a special role in quantum,3471and that is the home for the National Quantum Coordination3472Office. And it is essentially the focal point for the larger3473interagency on how sort of quantum policy is run for the3474Federal Government.3475    I think for me, we have an incredible opportunity before us3476in this Congress to reauthorize the National Quantum3477Initiative. I think there is important work to be done on the3478way that sort of a lot of the very great and vital basic3479research that is done on quantum is ultimately translated into3480things that can actually benefit the American people through3481use cases. The other thing that I think we also need to3482always----3483    Senator Blackburn. Testbeds for near-term applications?3484    Mr. Kratsios. Yes, testbeds are a great opportunity and a3485place where that translation can happen. I think the closer3486that we can get sort of commercial operators to the folks who3487are doing the basic R&D and actually accelerating that lab to3488market, I think is very important. And I think a lot of the3489centers that have been set up both at NSF and at DOE can serve3490that opportunity.3491    Senator Blackburn. Let me ask you about standard settings.3492This is something Senator Warner and I have talked a good bit3493about. We are concerned about China's aggression as--whether it3494is the WRC or whether it is any number of other applications,3495and we are trying to encourage U.S. leadership in that regard.3496And is that on your radar? Are you watching that?3497    Mr. Kratsios. It is, yes. I think whenever I think of a3498comprehensive strategy for emerging technology, how the U.S. is3499able to posture globally to be the ones who will be the3500standard setters in the standard setting process is important.3501    In the 2019 Executive Order, the President called on NIST3502to drive these types of standards setting initiatives on AI3503globally. And I think the same important work can and should be3504done in quantum.3505    Senator Blackburn. OK. And hypersonics? You know, in3506Tennessee, we have got the only place where hypersonic testing3507can be done. And we know Russia and China, North Korea is3508over--meddling with hypersonic technology. So is--tell me what3509you are looking at there.3510    Mr. Kratsios. Yes. So hypersonics are a critical technology3511that the DOD and the U.S. must lead on. In the first Trump3512Administration, a very large--a policy decision was made to3513refocus a big and significant portion of the research3514engineering budget toward hypersonics efforts, and I think3515those continue. And I think it is incumbent on sort of our3516larger defense tech ecosystem to continue to drive on3517hypersonics.3518    Senator Blackburn. OK. And Mr. Meador, we look forward to3519seeing you go to the FTC. The BOTS Act is something that was3520passed in 2016, and the FTC has taken up only one case in the3521BOTS Act. Enforcement on that is necessary. It is important to3522our Tennessee entertainers, and indeed anybody with a live3523venue. So have you looked at that issue?3524    Mr. Meador. Somewhat yes, Senator. I think it is incredibly3525important. I have been active in the ticketing space and3526ensuring that we have competitive markets that are free from3527interference by unfair and deceptive practices. And so, if3528confirmed, I look forward to working with the Commission and3529staff to make sure we enforce that law fully.3530    Senator Blackburn. OK. And children in the virtual space.3531We have got some young attendees here today. And of course,3532protecting children in the virtual space is terribly important.3533The Kids Online Safety Act, we have tried to get that passed3534very--we have done well within the Senate.3535    We are working with our friends over in the House who just3536couldn't seem to get there to protect kids. So I would hope3537that you will work with us as we try to get this legislation3538passed and on the books.3539    Mr. Meador. Yes, Senator. I care personally very much about3540this topic, and I would be happy to be a resource and work with3541your office.3542    Senator Blackburn. Absolutely. Well, congratulations. We3543appreciate that you all are here. Senator Markey, you are3544recognized for five minutes.35453546               STATEMENT OF HON. EDWARD MARKEY,3547                U.S. SENATOR FROM MASSACHUSETTS35483549    Senator Markey. Thank you, Madam Chair, very much. In 1998,3550I authored the Children's Online Privacy Protection Act, which3551is still the only Federal privacy legislation to protect young3552people online. Mr. Meador, in our meeting yesterday, you3553acknowledged that you were not that familiar with COPPA. If3554confirmed, can you commit to quickly getting up to speed on3555that law?3556    Mr. Meador. Yes, Senator, I look forward to it.3557    Senator Markey. And if confirmed, will you commit to3558strictly enforcing the Federal Trade Commission's COPPA rules?3559    Mr. Meador. Yes, Senator. I think it is important for the3560FTC to strictly enforce all the authorities Congress has given3561it.3562    Senator Markey. Thank you. And while the original COPPA has3563been a major success, it is past time we updated COPPA's3564protections to account for new predatory practices online.3565According to the Centers for Disease Control and Prevention, in35662023, 1 in 4 teenage girls seriously considered suicide, 1 in 83567teenage girls attempted suicide, and 1 in 5 LGBTQ youth high3568school students attempted suicide.3569    And that is why for over a decade, I have been fighting to3570modernize COPPA to protect teenagers from targeted ads that3571promote content related to eating disorders, amongst other3572things. Mr. Meador, do you agree that Congress should protect3573children and teens' online privacy?3574    Mr. Meador. Senator, I think protecting children is one of3575the most important missions for both the FTC and Congress and3576would love to work with your office on that.3577    Senator Markey. And I am glad to hear that because we do3578need to address the pervasive tracking and targeting of young3579people, and we do need COPPA 2.0 to become the law in the3580country.3581    Now, I want to turn to the baseless claim that big tech has3582unfairly censored conservatives. Mr. Meador, when we met3583yesterday, you said that you needed to learn more information3584about the issue and would follow the facts.3585    But when Chairman Cruz asked earlier this morning whether3586you agree that ``big tech censorship poses the greatest threat3587to free speech and free and fair elections in this country,''3588you said you agreed.3589    So that answer is inconsistent with our conversation3590yesterday. So let's be completely clear. Do you believe the big3591tech has censored conservative speech?3592    Mr. Meador. Senator, thank you for that question. So I3593would make a distinction between sharing the concern about the3594behavior of big tech and how they conduct their online3595platforms, and whether or not that conduct amounts to a3596specific violation of the FTC Act.3597    And so, when we were speaking yesterday, that is how I view3598that discussion, is how would I look at the question of whether3599any specific action by an online platform violates one of the3600provisions of the FTC Act. That is something that I don't want3601to prejudge. I would have to look at it at a fact, case by case3602basis, comparing the facts to the law.3603    I am glad that the FTC has taken the first step to start3604collecting that information so we can assess that important3605question, but I do share the overarching concern about how3606content moderation has been implemented by many online3607platforms.3608    Senator Markey. Well, again, that is not the answer, in my3609opinion, that you gave to Senator Cruz today. Last week, the3610Federal Trade Commission began collecting comments on whether3611the platforms have censored users based on their speech, and3612this action is clearly designed to intimidate the platforms to3613adopt speech policies that promote conservatives. Mr. Meador,3614is it the FTC's responsibility to ensure that the platform's3615content moderation rules support conservative viewpoints?3616    Mr. Meador. Senator, I believe it is the FTC's3617responsibility solely to enforce the laws that Congress has3618given it.3619    Senator Markey. OK. Well, many people like myself strongly3620believe that the platforms did not improperly censor3621conservatives. In fact, a peer reviewed study from last year3622found that while conservatives were suspended more often on3623Twitter, they were also much more likely to share3624misinformation. Madam Chair, I would like to include that study3625in the record.3626    Senator Blackburn. Without objection.3627    [The information referred to follows:]36283629    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]36303631    Senator Markey. Mr. Meador, will you commit to objectively3632following the facts in any of these conspiratorial fishing3633expeditions into censorship of conservatives?3634    Mr. Meador. Senator, I commit to fairly looking at the3635facts in every case that would come before me if I am confirmed3636as a Commissioner.3637    Senator Markey. Well, again, I remain deeply concerned3638because your comments earlier today suggest that you have3639already come to a conclusion on this issue. Chairman Ferguson3640has made similar comments.3641    Mr. Meador, if the FTC career staff conclude that no3642further investigation or enforcement action is warranted3643against the big tech platforms for supposedly censoring3644conservatives, will you commit to following that3645recommendation?3646    Mr. Meador. Senator, I can commit to closely examining the3647evidence collected by staff, along with their recommendations,3648and consulting with my fellow Commissioners, if confirmed, to3649ensure that we are reaching the right decision based on the3650facts and the law.3651    Senator Markey. Well, that is deeply disappointing because3652in my opinion, you know, objectively looking at it, the staff3653will come to a conclusion that there has been no censorship.3654But my fear is, of course, is that President Trump is clearly3655trying to turn the FTC into the Federal Truth Commission. And I3656think that is going to be very, very damaging to our country.3657So I am going to be watching very closely. And I thank you, Mr.3658Chairman, for this time.3659    The Chairman. Thank you. Senator Schmitt.36603661                STATEMENT OF HON. ERIC SCHMITT,3662                   U.S. SENATOR FROM MISSOURI36633664    Senator Schmitt. Well, it is interesting because as3665Attorney General of Missouri, I followed the Missouri v. Biden3666lawsuit that uncovered the vast censorship enterprise. The idea3667that there wasn't censorship is nonsense, total nonsense.3668    We saw the weaponization of the whole of Government against3669political opponents because they dared to dispute the efficacy3670of masks or had concerns about the vaccine. The idea that there3671wasn't censorship does a real disservice.3672    I think the worst abuse of the First Amendment we have ever3673seen in the United States of America. So I hope, I hope you3674continue to look at this, because I think we have just3675scratched the surface. And it is--the idea that the Federal3676Truth Commission--how about the Disinformation Governance Board3677that was established under President Biden?3678    This is Orwellian stuff. So the FTC is right. I think glad3679that the leadership has been shown to sort of open up and find3680out what other examples exist, because there is no way we are3681effectively going to deal with this until we admit that there3682was a problem.3683    And my friend from the other side who just made the3684statement is just totally ignorant of the facts. And by the3685way, who decides the truth like the Government doesn't. People3686get to decide that. You only get to do that in a free and open3687society where people are--have the ability to speak their3688minds. And so, I guess, Mr. Meador, I want to ask you this3689question then I guess. What other steps can be done to ensure3690that people can speak their minds?3691    I know--we have talked about the coordination between the3692Government and big tech. That is certainly a thing because that3693is a direct violation of the First Amendment. But I know that3694you have got a couple of different buckets, whether it is3695violating terms of service or violating the core tenants of3696Section 230 protections. What is sort of--how do you view this3697in the role the FTC has?3698    Mr. Meador. Thank you, Senator. So, I think there are two3699avenues through which the FTC could potentially address this3700kind of conduct. There is the antitrust laws. So if you have3701competitors colluding on content moderation standards, that3702could potentially amount to a violation of the antitrust laws.3703    And on the consumer protection side, if the application of3704terms of service or other promises made by a platform end up3705being deceptive in some way to consumers, you could potentially3706have a concern there under the FTC Act.3707    Senator Schmitt. And I think when Europe is really messed3708up on AI as it has been overregulated and it is--they are sort3709of pushing a political bias, which has, I think, demolished3710Europe's chances at being a leader in this, which I guess that3711is good for us.3712    But how do we avoid that? How do we avoid woke AI? How do3713we avoid black George Washington? Like what do we do to make3714sure that this doesn't become the next frontier for this level3715of censorship, with quantum chips fueling it?3716    Mr. Meador. Yes. Here, I think the best thing the FTC can3717do within its remit is to fully enforce the competition laws to3718ensure that markets are not unduly concentrated or dominated by3719a single actor and that consumers have choice.3720    Ultimately, I think we can trust that the market will work3721if we give it a chance, but that means we have to maintain3722competition so that consumers can take their business elsewhere3723if they are unhappy with the services they have received.3724    Senator Schmitt. Thank you. Mr. Kratsios, thank you for3725your willingness to serve as well. Highly qualified. I have3726respected you for years. We have gotten to know each other. The3727President has announced a national initiative to drive3728innovation, like the American AI Initiative.3729    David Sacks is a great pick to be helping with a lot of3730this stuff in the National Quantum Initiative. How do you view3731your role in making sure those programs are successful--those3732initiatives are successful?3733    Mr. Kratsios. Yes. The Office of Science Technology Policy3734has the role in the White House to coordinate these efforts3735across the Federal Government.3736    So whether you are driving a national strategy on3737artificial intelligence or on quantum information science, all3738the wide variety of agencies that all have a very important3739role to play, from basic research funding at the National3740Science Foundation, to more applications work at some of our3741DOE labs, to some standards related work at NIST.3742    And where OSTP plays a more critical role is being the3743convener and the coordinator for these efforts across the3744Government. And that is what we did in the--in 45 with a3745variety of emerging techs, and we hope to do again in 47.3746    Senator Schmitt. What do you think the biggest challenge is3747right now for the United States to be the leader--and AI gets3748thrown around, you know, sort of broadly, but to be the leader3749in kind of innovation? And, you know, obviously DeepSeek is a3750wakeup call. I mean, there is no way they did it for $63751million.3752    But the fact is, I think our assumptions about how far3753ahead we were, have been shattered to some degree, right. So3754this is a very serious race we have with China. What do you3755think our biggest obstacle is to continue to be the leader?3756    Mr. Kratsios. I think our biggest obstacle is effectively3757pursuing a promote and protect strategy. So you can have an3758institute, a set of export controls, for example, around high3759end chips, but if you are not successfully enforcing those3760export controls and not actually limiting the access of bad3761actors in the PRC from accessing those chips, you are not3762actually protecting well.3763    And the same goes on the promote side. You can encourage3764the, you know, research and development, and translational3765research in these emerging tech fields, but if you are not3766effectively allocating those dollars to the biggest and hardest3767problems in those fields, you are not actually moving the ball3768forward.3769    So I think the strategy is there. I think you just have to3770effectively execute on the two sides of that coin to promote3771and protect.3772    Senator Schmitt. Thank you. Thank you, Mr. Chairman.3773    The Chairman. Thank you. Senator Klobuchar.37743775               STATEMENT OF HON. AMY KLOBUCHAR,3776                  U.S. SENATOR FROM MINNESOTA37773778    Senator Klobuchar. Thank you very much. Thank you.3779Congratulations to both of you. I think I will just start with3780one question of you, Mr. Kratsios. In your testimony, you3781mentioned helping to double R&D spending during President3782Trump's first Administration.3783    You have already seen this Administration's attempt to gut3784funding from many important research agencies, including NIH.3785If confirmed, will you commit to funding research and3786development at levels authorized by Congress?3787    Mr. Kratsios. I will have to coordinate with the President3788and with OMB obviously on budgets, but my commitment is to3789bring to the table and bring to those conversations the3790importance of research and development in these emerging3791technologies.3792    Senator Klobuchar. Right. Do you agree that domestic3793semiconductor production should continue to be a priority for3794the U.S.?3795    Mr. Kratsios. Absolutely. We have to be able to produce3796high-end chips here in the U.S.3797    Senator Klobuchar. Excellent. Thank you. Mr. Meador, I3798worked closely with you, with my staff I know did on antitrust3799and competition issues during your time in Senator Lee's3800office. And I hope, if confirmed, you will continue to work in3801a bipartisan manner as you did there.3802    Today, the Commission is litigating antitrust cases against3803Meta, Amazon, John Deere, a pesticide manufacturer, a medical3804provider, many others. Will you commit to continuing to3805prosecute the antitrust cases currently at the Commission, and3806to pursue remedies that will protect consumers from anti-3807competitive conduct?3808    Mr. Meador. Thank you, Senator. It's good to see you again.3809    Senator Klobuchar. Yes.3810    Mr. Meador. So, while I can't commit to any specific3811action, obviously I share the concerns that the agency is3812seeking to address. I think it has a lot of important work on3813its docket, and I can commit to taking that very seriously, if3814confirmed, to ensure we are doing everything we can to enforce3815the law.3816    Senator Klobuchar. Thank you. Appreciate that. You have3817written that, ``It's long past time for our government to3818finish what they've started, break up Live Nation-Ticketmaster,3819and bring real competition back to the live event ecosystem.''3820    While you worked for Senator Lee, I teamed up with him, as3821you know, to hold a rather memorable hearing. Senator Cruz was3822there in Judiciary on Live Nation-Ticketmaster's monopoly over3823venues, artists promotion, and online ticketing.3824    While the Justice Department, I know you are aware of this,3825is litigating that case, can you elaborate why it is so3826important to take on monopolies like Live Nation, Ticketmaster,3827and how will that experience help you at the FTC?3828    Mr. Meador. Absolutely. So, in that case, we have an3829industry that has many parts in sort of a vertical chain. And3830what we have seen is that combining all of them into one firm3831has allowed them to engage in what is called foreclosure in3832many instances.3833    So when one company controls both the primary ticketing3834service that artists use and venues use, as well as the actual3835venues themselves, it gives them the ability to lock up the3836entire industry, which ultimately raises prices for consumers,3837reduces the quality of their experience at these events,3838deprives artists of the money that they would have otherwise3839earned, and it just leads to a worse ecosystem overall.3840    And so, if confirmed to this position, I would take those3841concerns from that industry and be on the lookout for similar3842situations in other industries to make sure that if one firm is3843seeking to dominate an entire industry, it is not doing so to3844the detriment of consumers.3845    Senator Klobuchar. OK. Very good. FTC independence, I know3846that Senator Lujan asked you some questions along these lines,3847but do you agree that the sole focus of the FTC should be to3848protect consumers from unfair methods of competition and3849deceptive practices, which is clearly in their act setting them3850up, without concern for political pressures from the White3851House?3852    Mr. Meador. Yes, with the one caveat that we have about 803853statutes we enforce total. And so, I would----3854    [technical problems].3855    Senator Klobuchar. That is what I thought. Actually, as I3856asked the question, I thought that might be a very smart answer3857on your behalf. As you know, I worked with Senator Grassley to3858update corporate merger fees for the first time in 20 years to3859give our antitrust agencies more resources to hire attorneys3860and economists.3861    And Senator Lee and I coordinated on his bill on the tech3862cases, allowing the State AGs to keep them in their3863jurisdictions, which was a Lee, Klobuchar bill. Thank you. As3864well as this bill that I had with Grassley, and both passed.3865    Do you agree that to take on some of the biggest companies3866in the history of the world, that the FTC must be funded and3867staffed with the best people possible?3868    Mr. Meador. Yes, Senator. I think it is obviously important3869for the FTC to have everything it needs. And I was honored to3870work with your office on that legislation and create the3871possibility of antitrust enforcement that is self-funded3872without burdening taxpayers.3873    Senator Klobuchar. OK. How will you work with State AGs--3874there is a lot of action going on in the states right now--to3875enforce antitrust and consumer protection laws?3876    Mr. Meador. I think that is one of the unique things about3877American antitrust that I really appreciate is the multiple3878levels of enforcement that we have, including private suits,3879Federal suits, but also State AGs. And I know the FTC has a3880long history of working productively with State AGs, and if3881confirmed, I would look forward to continuing those3882relationships.3883    Senator Klobuchar. All right. Thank you. I want to thank3884both of you for actually answering the questions and doing it3885in a short period of time and not filibustering. So, that was3886actually miraculous. Thank you. And if we have any other3887questions, I will put them on the record. Thanks.3888    The Chairman. Thank you. Senator Moreno.38893890               STATEMENT OF HON. BERNIE MORENO,3891                     U.S. SENATOR FROM OHIO38923893    Senator Moreno. Thank you, Mr. Chair----3894    The Chairman. [Technical problems]--chance for a3895filibuster.3896    [Laughter.]3897    Senator Moreno. Thank you. I am new. I haven't quite3898learned the skills of just talking endlessly about nothing, but3899I am sure it will come naturally as time goes on. In that vein,3900Mister----3901    The Chairman. Given that you sold cars, I don't believe3902you.3903    [Laughter.]3904    Senator Moreno. Well, you know what--you know what----3905    Senator Klobuchar. Well, I did not say that.3906    Senator Moreno. I was trying to improve my life status from3907car dealer, and I went backward--politician. If I get my law3908degree, I am toast.3909    [Laughter.]3910    Senator Moreno. But anyway, Mr. Meador, back to you, who is3911a lawyer, so I mean that the nicest way possible. Thank you for3912agreeing to serve again in this Administration. How--if you3913were to describe this--your job to a 13 year old, is that3914right? How would you describe your job?3915    Mr. Meador. Senator, I believe my job is to make the lives3916of American families better. And that is primarily through3917protecting the markets that they rely upon to put food on the3918table, to get health care for their children, and just to go3919about their daily business.3920    And that includes competitive markets so that they have3921options that are affordable and high quality, and that in the3922midst of trying to provide for their families, they aren't3923deprived of their wealth or security through scams and other3924fraudulent behavior.3925    Senator Moreno. And as you think about this job that you3926are about to undertake, what would be your top one or two3927priorities?3928    Mr. Meador. Senator, I am focused on the sort of the3929kitchen table issues. Again, going to those things that affect3930the average person on a daily basis, making sure that they3931have, you know, competitive markets that provide affordable3932housing, energy, health care, food. All of those, I think3933should be top of mind for the FTC.3934    Senator Moreno. That is right. And having your fellow3935Commissioners here to support you shows that the agency really3936should be free of politics and should be somebody that does the3937right thing. So I appreciate your willingness to serve. Mr.3938Kratsios, I appreciate you being here and your willingness to3939serve. I also applaud your parents being here.3940    As you know, I am a first generation immigrant myself from3941Columbia, South America. So we know the Spanish Empire was the3942greatest empire, not the Greek Empire. But I appreciate you3943being here. I am sure your parents are extremely proud of you3944serving once and now doing it again.3945    I just want to remind my Democrat colleagues that you were3946unanimously confirmed, and to keep that in mind despite their3947tendencies to want to be partisan. You are taking on a big job,3948report directly to the President of the United States.3949    It will be great to have a President of United States who3950understands artificial intelligence, and not somebody who3951actually needed it injected into his brain. So that is a step3952up from the previous Administration. And in the previous3953Administration, the person who had your job talked a lot about3954electrifying America.3955    What is your thoughts on this idea that everybody should3956have electric stoves, everybody should have electric cars, and3957there is only one-size-fits-all? Is that based on science in3958your mind?3959    Mr. Kratsios. I think to solve the energy problems of this3960country, we have to take an all the above energy approach. And3961electricity is obviously one part of it, but there is a whole3962lot more there. And I look forward to working with the3963President's Energy Dominance Council to make sure that is a3964reality.3965    Senator Moreno. So forcing everybody to drive electric3966cars, even though they don't want it, seems like probably not3967science-based or practical.3968    Mr. Kratsios. No, the Government should not be forcing3969anyone to drive a particular type of vehicle.3970    Senator Moreno. That is good to hear in California. Maybe3971they haven't quite heard that memo. But speaking of California,3972objectively a pretty state run by terrible people, would you3973think that California should set standards for the rest of the3974country? Meaning, do you think it is up to California to decide3975what kind of cars people in Ohio should buy?3976    Mr. Kratsios. I am not very familiar with how the policy3977around that works, but I think in principle that probably is3978something that should be looked at and more carefully.3979    Senator Moreno. Yes. I would think my colleagues would want3980to have the Federal Government set even standards for the3981entire country and not have one state or another. That makes3982sense, right? We do regulate interstate commerce here in the3983Federal Government. Does that make sense to you?3984    Mr. Kratsios. Yes, and we have seen that in the technology3985policy domain around issues like privacy. When if there is an3986inability to create a Federal privacy law, you end up having a3987patchwork sort of created by states and that that ultimately3988is--doesn't do the best thing for industry or for consumers.3989    Senator Moreno. And do you think it is also important that3990business gets certainty for a long--as long a horizon as3991humanly possible and not think about a policy that lasts for a3992year or two or three or four, but rather over maybe a decade?3993    Mr. Kratsios. Yes. I think regulatory certainly certainty3994is a big driver on encouraging investment, particularly in3995science and technology. So, I do believe that, yes.3996    Senator Moreno. And we should be--I think you would agree,3997we should be the leaders. I mean, this is the country that3998innovation is born here. That we should be the leaders not only3999in artificial intelligence, quantum computing, blockchain4000technology, the technology--human machine interaction. These4001are all the things that are ahead of us. And what--how do you4002see Government's role in that? Like where do you see4003philosophically the role of the Government making that happen?4004    Mr. Kratsios. Yes. So I think the Government plays4005essentially I think a role in four categories. The first is on4006early stage basic competitive R&D. So this is investing Federal4007dollars in areas where the private sector is not incentivized4008to do yet.4009    And we have been doing that for 50 or 60 years. We need to4010keep doing that. The second piece is around regulations. And4011the way I usually think about it is removing barriers to4012innovation.4013    So finding ways that you can actually unlock the potential4014of these technologies and allow them to flourish, and not have4015regulation get--kind of get in the way. The fourth is through--4016the fourth is through workforce programs.4017    So it is critical that both we have individuals who are4018able to actually become the next great scientists and4019technologists to make these discoveries, and also prepare4020American workers to wield these technologies in their daily4021life.4022    And the fourth is around international engagement. We as a4023Government need to make sure that we are partnering with our4024allies on using these technologies globally and pushing back on4025actions like the ones that the CCP take to try to push their4026technology globally.4027    Senator Moreno. Well, that is a fantastic answer. Great4028job. Look forward to having both of you unanimously confirmed,4029getting you in office, and most importantly, having you visit4030the greatest state in America, Ohio.4031    The Chairman. Senator Kim.40324033                  STATEMENT OF HON. ANDY KIM,4034                  U.S. SENATOR FROM NEW JERSEY40354036    Senator Kim. Yes. Thank you, Chair. Mr. Meador, I think I4037would like to start with you just to be able to build on some4038of the conversation that has happened here. FTC has a4039particular structure in terms of its leadership. It is one that4040has bipartisan tradition in that way. I guess I just wanted to4041ask you, do you see benefit in that type of structure and that4042type of bipartisan nature of the FTC?4043    Mr. Meador. Thank you, Senator. Yes, my experience both as4044an attorney at FTC and as a practitioner appearing before it is4045that the consensus building that took place at FTC always made4046its enforcement action stronger.4047    Senator Kim. You know, I guess I just kind of raised that4048because, you know, I know there was some talk about the4049independence of FTC and why I think it is so important that we4050ensure that because, you know, there is a sense of credibility,4051right.4052    Like, I would imagine you believe that for FTC, for its4053rulings to be considered, for it to have the kind of resonnance4054with the American people about a sense of fairness, that4055credibility is critical for FTC to be able to function, is that4056right?4057    Mr. Meador. Absolutely, Senator.4058    Senator Kim. Yes. So I just--as we kind of proceed on4059this--you know, I know there is lots of politics swirling4060around, but you and I had a really good conversation talking4061through some critical issues, like for instance about the role4062of FTC when it comes to big tech.4063    And I would believe that for FTC to make decisions that are4064potentially going to be controversial around big tech, it is4065important, right, that it be seen as being done from a sense of4066what is right for the American people and a sense of fairness,4067rather than something that is political or something that is4068associated with a political donor or a special interest group.4069Is that right?4070    Mr. Meador. So, Senator, the way I would view my job if4071confirmed is to show up each day working to serve the American4072people and enforcing the law the way that it has been written.4073And while I can't speak for the other Commissioners, I am4074confident that they share that view as well.4075    Senator Kim. I hope so. And I think that that is something4076that--again, you know, for the majority of people watching, I4077mean, I talk to people in new Jersey about this, they don't4078necessarily fully understand the debate about independence of4079different agencies. You know, I think that is much more of a4080D.C., you know, world view in that way.4081    But they do understand fairness, and they do understand a4082sense of whether or not their interests are being put forward.4083So I ask, you know, if you are confirmed that you keep that in4084mind, you know, about this.4085    And if the FTC loses that sense of credibility, if it is4086seen as a political entity that is carrying out actions based4087off of whoever, which party is in control, I do think that it4088just very much will undermine the capacity for the FTC to be4089able to engage.4090    Mr. Kratsios, I wanted to ask you some questions here. You4091know, I heard you speak on this from a different--a couple4092different angles, but I guess I just wanted to ask kind of4093directly. Do you think we as a nation are spending enough on4094basic science research?4095    Mr. Kratsios. I think over the years since I guess the40961950s and since sort of NSF was initially created, the amount4097of federally funded R&D has continued to generally increase,4098and I think has been critically important to the way that we4099have been able to sort of make these discoveries.4100    I think what has changed a lot over the years is the4101contribution that the private sector makes to the larger R&D4102ecosystem. I think right around the time of World War II, the4103percentage of R&D that the Federal Government was funding was4104more than 50 percent, and that has changed dramatically.4105    And I think that is actually a good thing for the country.4106We are actually seeing some of the greatest innovations coming4107from the private sector.4108    Senator Kim. But do you think that just overall spending,4109not just Government spending, but private sector included,4110academia. Like, where are we? You know, I keep hearing a lot4111about China increasing their basic science research funding4112upwards of double digits. We are obviously not keeping pace4113with that trajectory. Does that concern you in terms of overall4114spending?4115    Mr. Kratsios. I think as someone who is deeply obsessed4116with American leadership in science and technology, I do4117believe that as an economy, continuing to invest in this4118critical R&D kind of across the board is beneficial to the4119country.4120    Senator Kim. So right now, the foundation of it, as you4121said Government, private sector--sort of the largest amount4122Government has been decreased in terms of total percentage. I4123think it is right around 40 percent Government funding right4124now, 37 percent private sector.4125    Does that seem fair to you? Is that sort of a right level?4126I am trying to think through and understand your calibration4127here in terms of what you would like to see and whether or not4128you think the private sector should take over more of what the4129Government does when it comes to basic science research?4130    Mr. Kratsios. Yes. I think what is amazing about the U.S.4131ecosystem is that a lot of these changes are driven by what I4132spoke about in my opening statement, this free market approach4133to scientific discovery in the U.S.4134    I think the challenges and I think the problems with a sort4135of authoritarian or CCP type approach to science funding is4136that you end up having over allocation to the wrong things and4137under allocation to the right things. And thinking that, you4138know, you can sort of be God for the day and make sure that you4139allocate things to the right places I think is a mistake.4140    I think in the U.S., the reason why we do have the greatest4141chips, and the greatest algorithms in the world, and various4142applications in the world is because we go back to that free4143market approach to innovation.4144    Senator Kim. I don't discount that. And I will yield back4145to the Chair in a second. But, you know, when you listen4146through in your opening statement, splitting the atom and4147getting a man to the moon, you know, the transistor and the4148creation of the microchips.4149    I mean, so much of that was based off of Government4150research funding or Government acquisition with microchips4151early on. So I just say, look, you know, there is certainly4152models in that direction, but I do think that we need to be4153careful about moving too much toward one that is just solely4154based off of profitability. With that, I yield back.4155    The Chairman. Thank you. Senator Peters.41564157                STATEMENT OF HON. GARY PETERS,4158                   U.S. SENATOR FROM MICHIGAN41594160    Senator Peters. [Technical problems]--Mr. Chairman. And4161congratulations both of you in your nominations. Mr. Meador,4162you know, regardless of your own accomplishments and4163qualifications, I want to follow up on a question that Senator4164Kim asked and that deals with the independence of the4165Commission, because I am deeply concerned that the situation4166that you are entering into if confirmed in this position.4167    From my viewpoint, the FTC appears to be at the center of a4168broader effort by President Trump to further consolidate his4169own power and disrupt literally nearly a century of precedent4170regarding the role of independent Executive Branch agencies.4171    So my question for you is pretty straightforward following4172up on Senator Kim's comments. Do you agree with the DOJ's4173position announced earlier this month that it now believes that4174for cause removal protections applicable to independent4175Commissions are unconstitutional?4176    Mr. Meador. Thank you, Senator. So I will defer to the4177Department of Justice and the White House on the legal4178positions. FTC is involved in litigation involving this4179question right now as well, that it would be inappropriate for4180me to comment on. What I can speak to are my own intentions,4181should I be confirmed, which is to show up each day to enforce4182the law, to serve the American people without fear or favor4183with respect to any party.4184    Senator Peters. So, if confirmed, and a motion comes up4185after your confirmation that aligns the FTC position on the4186matter that the Trump Administration, which is trying to4187basically neuter the independent status of these agencies, what4188side would you fall on?4189    Mr. Meador. Senator, I wouldn't be able to commit to how I4190would vote on any matter that might come before me as a4191Commissioner.4192    Senator Peters. Well, you know, I am still very concerned4193about what is happening here. And I would hope Commissioners4194understand the importance of independence, something that has4195been happening for many, many years--decades.4196    That this is a dangerous course. I know it is part of this4197unitary Executive philosophy. Folks want to know what a unitary4198Executive is, think of Putin, for example. That is a unitary4199Executive. That is the direction that we are going4200unfortunately.4201    Mr. Kratsios, you previously worked on President Trump's AI4202Executive Order in 2020, which among other things, required4203agencies to publish AI use cases and ensured that agencies4204protected privacy, civil rights, as well as civil liberties.4205    So my question for you is, do you still agree with that4206Trump Executive Order that agencies should publish use case4207inventories that use their AI uses to protect privacy, civil4208rights, as well as civil liberties?4209    Mr. Kratsios. I do believe that the AI inventories that4210were started under the first Trump Administration are very4211important, and the Biden inspiration continued those. For both4212the White House, and more broadly for other agencies, the4213American people to see what these use cases are and how the4214Government is using AI I think is very valuable.4215    I think one tweak or something to think about with those is4216that AI is becoming more and more pervasive across everything4217that we do as Americans, and everything that individual people4218and civil servants do across Government.4219    So I think maybe one way to--a more valuable sort of list4220going forward, maybe some categorization of high impact use4221cases, so you are not inundated with, you know, the next4222Copilot that is being used in a browser, for example.4223    Senator Peters. Certainly that all those should be4224protected, but obviously there are different risk levels. So is4225what you are saying, make sure that we have category of risk4226levels? The risk of autonomous lethal weapon system is a whole4227lot different than a predictive maintenance for trucks. Is that4228what you are referring to?4229    Mr. Kratsios. I am, yes. And I think for the purposes of4230these inventories, I think impact is probably a better cut than4231risk. I think to me, I like impact, of how is this particular4232AI application making a difference in the way that an agency is4233providing its services to citizens.4234    Senator Peters. I am also concerned about the brain drain4235that is occurring in Federal science agencies. The so-called4236Department of Government Efficiency has fired, as you know,4237broad swaths of workers without--not on the basis of poor4238performance, basically indiscriminately, and sometimes without4239even knowing what those workers were responsible for--in the4240case of workers that were overseeing the nuclear arsenal, for4241example.4242    These firings included scientists and experts at NASA, the4243National Science Foundation, the National Institutes of Health,4244and the National Institutes for Standards and Technology, or4245NIST. DOGE has also created a workplace environment where issue4246area experts are essentially being harassed with the explicit4247goal of getting them to resign.4248    This environment is not conducive to ensuring the4249Government can retain the top talent in science fields, which4250is essential for our competitive advantage, which we need for4251AI, and space exploration, and manufacturing, et cetera.4252    So my question for you, sir, is do you agree that it is4253essential to retain top science and technology talent in the4254Federal Government to further success of the United States? And4255if so, how would you advise the President to reverse course in4256these policies that are actually having these folks with very4257specialized and important talent being fired?4258    Mr. Kratsios. I do believe that it is important for all of4259our science and technology agencies to have high skilled,4260technical and scientific folks there to do the very important4261work for American people. I also think it is entirely4262reasonable for a new President to be able to evaluate the team4263that he has on the field across his agencies, and sort of make4264the necessary changes to ensure that he can achieve the goals4265that he campaigned on and won.4266    Senator Peters. Well, the key word there is to evaluate.4267There is no evidence that there was any evaluation going on. It4268was indiscriminate across the board. In fact, the thing that4269really caught me is that because it is probationary employees4270that are new ones, there was basically people who were4271promoted.4272    So they were outstanding performers. They got promoted to a4273different job, and now that is probationary. So we actually4274fired people who just got promoted because of their outstanding4275work.4276    Congratulations, you did a great job. You are now fired. I4277don't think that works in any business. I hope that you would4278step up and say that doesn't work in the science enterprise as4279well. Yes or no?4280    Mr. Kratsios. Oh, thank--yes, if I am involved in any of4281this in the future, I certainly will bring to bear important--4282the importance of science and technological advice at all of4283these agencies.4284    Senator Peters. Very good.4285    The Chairman. OK. I am now going to recognize Senator4286Rosen. And I am going to entrust the gavel to Senator Rosen4287while I run to vote. And I am going to have trust and4288confidence that in my absence, she is not going to seek4289unanimous consent to dissolve the White House, or the4290Department of Commerce, or something else.42914292                STATEMENT OF HON. JACKY ROSEN,4293                    U.S. SENATOR FROM NEVADA42944295    Senator Rosen. I will not. Maybe I will just declare my4296birthday a holiday or something.4297    The Chairman. There you go. Knock yourself out.4298    [Laughter.]4299    Senator Rosen. Thank you, Mr. Chairman. And thank you for4300the nominees, your families, for being here today, for your4301willingness to serve. I am going to talk a little bit about4302consumer prices, because over the past several years, Americans4303have seen skyrocketing prices for everything from groceries to4304housing.4305    And in many sectors, consolidation, of course, has led to4306higher costs, less competition, and often no choice for4307consumers of where to shop. And that is why last year I pushed4308the FTC to sue to block the Kroger, Albertson's grocery store4309merger, the mega merger that would have eliminated good paying4310jobs and led to even higher food prices in my home state of4311Nevada and across the country. So, Mr. Meador, if confirmed,4312would you support actions by the FTC to block mergers up and4313down the grocery supply chain to prevent further price4314increases for Nevadans? And of course, everybody in this4315country has to eat no matter who you are, so I will say for4316everyone.4317    Mr. Meador. Thank you, Senator. I share those concerns. As4318a father of six, I pay a lot attention to our grocery bill, and4319I think it is an incredibly important topic. And yes, I can4320commit that if confirmed, I will do everything I can to work--4321ensure that we are enforcing competition up and down the4322grocery supply chain.4323    Senator Rosen. And would you take action to review whether4324bad actors are taking advantage of the current supply chain4325issues? We know that there is dire egg shortages. We want to be4326sure that people aren't price gouging. And so, will you commit4327to working on that as well?4328    Mr. Meador. Yes, Senator. I would be happy to help the4329staff and Commissioners look into those issues.4330    Senator Rosen. And another thing, we are talking about AI4331and, of course, surveillance pricing. It is a new strategy4332where companies use personal data to change prices in real time4333for individual consumers.4334    And so, this presents clear opportunities for4335discrimination and for price gouging as the goal of4336surveillance pricing is to offer the highest price to the4337specific customer who is willing to pay. For example, a new mom4338shopping for diapers, seniors for over-the-counter medication,4339or construction workers--well, Las Vegas, it is pretty hot out4340there and a Gatorade on a hot, sunny day.4341    As the new FTC Chair recently withdrew the request for4342comments that the Commission had open on surveillance pricing--4343he closed it nearly 3 months early. I am concerned that this4344signals a lack of concern about rising consumer prices and the4345FTC's mandate to protect Americans from these discriminatory4346practices.4347    So, again, would you commit to support publishing the4348comments received under the FTC's RFI and surveilling pricing,4349and support the publication of those findings? I think this is4350akin to price gouging in some ways as they track you around and4351decide who is going to pay what depending on who you are.4352    Mr. Meador. Thank you. Senator. I can commit, if confirmed,4353to working with the staff to get up to speed on this issue and4354understand what investigative efforts they have undertaken to4355look into it, getting up to speed on the record and then4356working collaboratively with the Commission to find the best4357path forward.4358    Senator Rosen. Because like you said, you are a father of4359six, and I bet you buy a lot of cereal in your home. And that4360you don't want to--suddenly you go in and the price of cereal4361is double the price for--I am an empty nester. Double the price4362or triple the price it is for me.4363    Mr. Meador. We would be target number one.4364    Senator Rosen. You would be target number one. I hope not.4365I hope not. Thank you. I want to move now to talking about4366DeepSeek and China. So, Mr. Kratsios, in your role as Director4367of OSTP, you will be required to develop and lead the Nation's4368AI strategy.4369    We have seen huge and alarming AI advancements in China,4370with more efficient models like DeepSeek and investments in4371advanced data centers. With this innovation comes serious4372threats. I am concerned about the possibility of new AI4373platforms like DeepSeek being used to extract sensitive data4374from users.4375    Additionally, DeepSeek is open source. The loopholes in its4376code could easily be copied into other platforms. I am the only4377former computer programmer in the U.S. Senate. This can happen4378pretty darn easily. And recent reports also indicate a DeepSeek4379unintentionally exposed sensitive data, including chat history4380on publicly accessible databases.4381    So, Mr. Kratsios, how do you plan to collaborate with the4382private sector to ensure that our AI models have minimum4383security requirements, so they don't create a backdoor or allow4384public access to user data, to private data? And how should4385Congress be thinking about this challenge with respect to the4386models coming out of our adversary nations?4387    Mr. Kratsios. I think those are all excellent points, and I4388think it is critical, at least for the Government, to be4389thinking very carefully on how to work with these individual4390model developers to think through some of these issues. I think4391a lot of them are very technical and scientific in nature.4392    And one most important--or one of the most important things4393that the Federal Government can do is support the measurement4394science necessary in order to be able to test and evaluate4395these models. And an agency like NIST is a great place to4396refine the measurement science around model evaluation.4397    I think the CEO of Anthropic was here in the Senate just4398two years ago, and when he was discussing some of the4399challenges he is facing was that the technological4400methodologies necessary to actually evaluate these models still4401did not exist.4402    This is a great opportunity for standards making agencies4403like NIST to do the appropriate work on how you measure these4404models, and then they can be tested for all the variety of4405things that you discussed.4406    Senator Rosen. Thank you. And before I close it out, I am4407just going to say I hope you would agree that we need a highly4408technical and skilled workforce in order to do this and protect4409America. And I hope that you would support keeping the skilled4410workforce that you have and not supporting these willy, nilly4411cuts. Thank you.4412    Mr. Kratsios. A skilled workforce is absolutely critical.4413    The Chairman. Thank you. Senator Duckworth.44144415              STATEMENT OF HON. TAMMY DUCKWORTH,4416                   U.S. SENATOR FROM ILLINOIS44174418    Senator Duckworth. I was this close to the gavel, Mr.4419Chairman. This close.4420    [Laughter.]4421    Senator Rosen. I know.4422    Senator Duckworth. It was right here. Thank you, Mr.4423Chairman. Mr. Meador, welcome. On February 12, 2025, Acting4424Solicitor General Sarah Harris notified Senator Dick Durbin,4425the Ranking Member of the Senate Judiciary Committee that the4426Department of Justice has determined that the statutory tenure4427protections for members of FTC are unconstitutional.4428    Chairman Ferguson also publicly stated his agreement with4429this position. I know Senator Lujan asked about FTC4430independence. Mr. Meador, do you believe that the President4431should be able to fire FTC Commissioners at will?4432    Mr. Meador. Senator, I believe that Americans are concerned4433about high prices and the cost of living, and that the4434President is committed to improving their condition. I believe4435that is why I was nominated to this position. And what I can4436commit to is that if confirmed, that is what I will work to do4437every day, is to serve the American people by helping improve4438the cost of living and of markets and protecting them from4439unfair and deceptive practices.4440    Senator Duckworth. That is good sucking up to the4441President, but you didn't answer my question.4442    Mr. Meador. Senator----4443    Senator Duckworth. Do you believe that the President of the4444United States should be able to fire FTC Commissioners at will?4445It is a simple question, yes or no?4446    Mr. Meador. It is a simple question that is subject to4447litigation in which the FTC is currently involved. I can't4448speak to that. What I can commit to and comment on is what I4449would do if confirm which, again, Senator, would be to4450faithfully serve the American people.4451    Senator Duckworth. If the President gave you an illegal4452order, would you carry it out?4453    Mr. Meador. Senator, what I would do, if confirmed, is show4454up every day to enforce the law----4455    Senator Duckworth. If the President gave you an illegal4456order, would you carry it out? It is very simple--or4457unconstitutional?4458    Mr. Meador. Senator, I would enforce the law without fear4459or favor.4460    Senator Duckworth. So will you carry out an illegal order4461if President Trump gave you an illegal order to carry out?4462    Mr. Meador. I would enforce the law without fear or favor4463to any party.4464    Senator Duckworth. So you are not answering me. OK. Mr.4465Meador, do you believe the FTC has any independence from the4466President?4467    Mr. Meador. Senator, I think this falls under the same4468category we discussed a moment ago.4469    Senator Duckworth. OK, you are not being willing to answer.4470Mr. Meador, do you believe the President can zero out the FTC's4471budget without any action from Congress?4472    Mr. Meador. Senator, I believe that Congress has the power4473of the purse and works closely with the Congress--with the4474President to determine funding for the Executive------4475    Senator Duckworth. Is the President allowed to zero funding4476for the FTC, yes or no?4477    Mr. Meador. I have not looked into that. I am not aware of4478what the legal precedents are there.4479    Senator Duckworth. OK. I will submit the question for the4480record. Please respond to me within 30 days.4481    Mr. Meador. Yes, Senator.4482    Senator Duckworth. Thank you. Over the past few years, I4483have worked closely with FTC on addressing shortages of infant4484formula, which have affected families across the country.4485    Last year, the FTC issued its report on infant formula4486supply chain disruptions, which came after a multi-year4487investigation.4488    Mr. Meador, would commit to supporting investigations by4489the FTC that highlight markets where there has been a lack of4490competition, such as in the infant formula market?4491    Mr. Meador. Yes, Senator. I think it is important we focus4492our enforcement efforts where there are the most competitive4493harms. I would be very eager to work with staff to achieve4494that.4495    Senator Duckworth. Thank you. Do you believe that the FTC4496has a role to play in investigating practices that may be4497increasing the cost of living for Americans?4498    Mr. Meador. Absolutely. Where we have a reason to believe4499that those practices violate Section 5 of the FTC Act or4500another statute that we enforce, we should proceed with an4501investigation.4502    Senator Duckworth. OK. As you may know, Illinois has one of4503the strongest biometric privacy laws in the country, the4504Illinois Biometric Information Privacy Act. Many Americans are4505concerned about the use of their biometric data, like face and4506eye scans, fingerprints, or voice patterns for unauthorized4507purposes.4508    For example, in 2023, the FTC and DOJ charged Amazon with4509violating children's privacy laws by keeping children's voice4510data from Alexa recordings in order to make their AI smarter.4511In 2023, the FTC issued a Commission policy statement about the4512use of biometric information.4513    Mr. Meador, do you agree with the principles of that FTC4514statement, the Commission policy statement about the use of4515biometric information?4516    Mr. Meador. Senator, I have not had an occasion to review4517that policy statement, but if confirmed, I would look forward4518to getting up to speed on those matters.4519    Senator Duckworth. Will you report back to me?4520    Mr. Meador. Yes, Senator.4521    Senator Duckworth. Thank you. How would you, Mr. Meador,4522work with states like Illinois to protect biometric4523information?4524    Mr. Meador. So I think cooperation between the FTC and4525states is one of the most important things we can do. We do it4526a lot on the antitrust side. I think it would be a benefit on4527the consumer protection side as well.4528    Senator Duckworth. Just on background, for your4529information, the FTC's 2023 Commission policy statement about4530the use of biometric information raised significant concerns4531around the misuse of biometric data, such as discrimination4532against protected classes, AI applications like deepfakes, and4533unauthorized disclosure leaks of biometric data.4534    So I hope you will keep that in mind. I am going to yield4535back 24 seconds, Mr. Chairman. Thank you, Mr. Meador.4536    The Chairman. Thank you very much. Thank you to both our4537nominees, Mr. Kratsios and Mr. Meador. My final question is4538required of all nominees. If confirmed, do you pledge to work4539collaboratively with this committee to provide thorough and4540timely responses to this committee's request and to appear4541before this committee when requested?4542    Mr. Kratsios. I do.4543    Mr. Meador. Yes, Mr. Chairman.4544    The Chairman. Thank you. I have 17 various letters of4545support from multiple organizations for Mr. Kratsios's4546nomination and Mr. Meador's nomination that I ask unanimous4547consent to be inserted in the hearing record. Without4548objection, so ordered.4549    [The information referred to follows:]45504551    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]45524553    The Chairman. Senators will have until the close of4554business on Thursday, February 27 to submit questions for the4555record.4556    The nominees will have until the close of business on4557Monday, March 3, to respond to those questions. That concludes4558today's hearing. The Committee stands adjourned.4559    [Whereupon, at 12:15 p.m., the hearing was adjourned.]45604561                            A P P E N D I X45624563     Response to Written Questions Submitted by Hon. John Thune to4564                            Michael Kratsios4565    Question 1. Advanced artificial intelligence (A.I.) is a4566revolutionary technology that has the potential to improve health care,4567agriculture, logistics, supply chains, and countless other industries.4568How would you approach A.I. regulation to protect consumers, harness4569major advancement, and limit government intervention?4570    Answer. I share your view that artificial intelligence holds4571immense promise for innovation across sectors. If confirmed, I would4572work with stakeholders in government, industry, and academia to ensure4573we take a balanced approach: protecting consumers and national4574interests while maintaining an environment where innovation can thrive.45754576    Question 2. Will you commit to working with this committee on a4577light-touch, pro-innovation legislative framework for A.I.?4578    Answer. Yes. If confirmed, I look forward to working with this4579committee to forward a legislative framework for AI that will ensure4580continued American leadership in AI and public trust in the development4581and use of AI systems.45824583    Question 3. Coordination across Federal agencies is essential to4584ensuring the economic benefits of licensed and unlicensed spectrum do4585not compromise national security efforts. Can you commit to working4586with your counterparts across the administration and members of this4587committee to expand access to licensed and unlicensed spectrum without4588compromising national security?4589    Answer. Yes. I believe effective interagency coordination can help4590ensure that expanded access to spectrum provides economic benefits to4591the American people without compromising our national security.45924593    Question 4. As a member of Secretary Burgum's National Energy4594Dominance Council, will you commit to helping the President's4595administration achieve an all-of-the-above energy strategy that will4596help the U.S. achieve global energy dominance?4597    Answer. Yes. American energy dominance is critical to our plans to4598lead the world in the development and deployment of emerging4599technologies such as artificial intelligence and quantum information4600science. If confirmed, I look forward to supporting the work of the4601Council.4602                                 ______46034604    Response to Written Questions Submitted by Hon. Jerry Moran to4605                            Michael Kratsios4606    Question 1. Mr. Kratsios, during Congress's development of the4607CHIPS and Science Act, I advocated for increased funding to states that4608have historically received a very small fraction of the Federal4609research and development resources. Efforts to increase such funding in4610the CHIPS and Science Act include provisions raising the percentage of4611NSF research funding to EPSCoR states like Kansas from 13 percent to 204612percent. I believe engaging researchers across the country is critical4613for U.S. competitiveness in key technology areas, including advanced4614manufacturing and biotechnology.46154616   If confirmed, how do you plan to support policies that4617        increase scientific and technological development in states4618        like Kansas?4619    Answer. I recognize the importance of broadening our national4620research base so that every region can contribute to--and benefit4621from--U.S. innovation. If confirmed, I would work with Federal4622departments and agencies and Congress on programs like EPSCoR, in an4623effort to continue expanding research opportunities, foster4624partnerships with local universities and businesses, and strengthen our4625Nation's overall scientific capacity.46264627    Question 2. Congress is concerned about intellectual property theft4628and the transfer of sensitive technologies to China through U.S.4629universities.46304631   Mr. Kratsios, what steps would you take as OSTP Director to4632        mitigate these risks without stifling academic research?4633    Answer. I recognize the importance of protecting sensitive4634technologies while maintaining an open, collaborative research4635environment. If confirmed, I would work with Federal agencies,4636universities, and industry to ensure research and innovation thrives4637while safeguarding our national interests.46384639   Mr. Kratsios, how would you address participation by U.S.4640        academics in Chinese talent recruitment programs, such as the4641        Thousand Talents Program?4642    Answer. Chinese talent recruitment programs may pose serious risks4643to national security and may violate conflict-of-interest policies at4644educational institutions receiving Federal funding. If confirmed, I4645would work with relevant Federal agencies, universities, and industry4646to ensure there is transparency, as provided by relevant statutory and4647regulatory requirements.46484649   Mr. Kratsios, what specific policies or guidelines would you4650        propose to universities to ensure transparency regarding4651        foreign funding, particularly from Chinese sources, without4652        imposing overly restrictive regulations?4653    Answer. I believe in a balanced approach that enhances visibility4654into foreign contributions without creating excessive burdens on4655legitimate research. If confirmed, I am happy to work with Congress on4656proposals that may bring more transparency.46574658   Mr. Kratsios, given your experience with emerging4659        technologies, how would you leverage OSTP's authority to4660        strengthen U.S. academic resilience against Chinese influence4661        in fields like AI, quantum computing, and 5G?4662    Answer. If confirmed, I would encourage coordinated interagency4663strategies--partnering with institutions on best practices to protect4664sensitive research and facilitate safe, productive international4665partnerships where appropriate.46664667    Question 3. Mr. Kratsios, how do you see the commercialization of4668space exploration shaping the future of U.S. leadership in space, and4669what role should OSTP play in advancing this agenda?46704671   Mr. Kratsios, during your time as U.S. Chief Technology4672        Officer, you championed emerging technologies. How would you4673        apply that experience to accelerate the growth of the4674        commercial space sector?4675    Answer. Commercial space exploration significantly shapes America's4676leadership. If confirmed, I would encourage a strong ecosystem that4677involves government, industry, and academia, ensuring we stay at the4678forefront of space innovation and economic growth.46794680   Mr. Kratsios, NASA has increasingly partnered with companies4681        like SpaceX and Blue Origin. How would you strengthen public-4682        private partnerships to ensure they benefit both U.S. taxpayers4683        and the commercial space industry?4684    Answer. During my time as U.S. CTO, I worked to prioritize emerging4685technologies and streamline regulations. If confirmed, I would build on4686these efforts, partnering with NASA, the FAA, and other agencies to4687create a supportive environment for commercial space ventures.46884689   Mr. Kratsios, what policies would you advocate for to4690        encourage small and medium-sized enterprises to enter the4691        commercial space market, beyond the dominance of major players?4692    Answer. I believe a dynamic space sector requires diverse4693participants. If confirmed, I would advocate for simplified regulations4694and Federal opportunities that encourage smaller innovators to compete4695and thrive.46964697   Mr. Kratsios, how would OSTP under your leadership4698        coordinate with agencies like NASA, the FAA, and the Department4699        of Commerce to streamline regulations for commercial space4700        activities?4701    Answer. Interagency coordination is key to creating a predictable4702regulatory environment. If confirmed, I would champion collaborative4703efforts to align Federal policy, ensuring our space industry remains4704agile and competitive.47054706   Mr. Kratsios, how would you encourage private investment in4707        high-risk, high-reward space technologies that may not yield4708        immediate commercial returns?4709    Answer. High-risk, high-reward research has the potential to4710generate significant technological breakthroughs. If confirmed, I would4711explore ways to ensure private capital is not deterred from supporting4712next-generation space capabilities.47134714    Question 4. Mr. Kratsios, you have been a strong advocate for4715American leadership in aviation innovation, especially under the first4716Trump Administration. Our global adversaries, particularly China, are4717investing in Advanced Air Mobility (AAM) and drones, and President4718Trump has spoken of the need to lead the world in AAM. What do you plan4719to do make certain the U.S. leads in this technology, and would you4720support an Executive Order to make AAM a national priority?4721    Answer. Advanced Air Mobility is poised to reshape aviation. If4722confirmed, I would collaborate with industry and agency partners to4723identify key research areas, workforce needs, and regulatory challenges4724facing the industry. As for an Executive Order, I would offer any4725insights requested by the President to prioritize AAM.47264727   How would you define `aerospace dominance' in the context of4728        U.S. national interests, and what role should OSTP play in4729        securing it over the next decade?4730    Answer. Aerospace dominance entails sustained leadership in4731technology, manufacturing, and operational capabilities across the4732aerospace sector. OSTP can help set research priorities, coordinate4733policy across agencies, and foster international partnerships that keep4734the U.S. at the forefront of aerospace innovation over the next decade.47354736   Given your experience as U.S. Chief Technology Officer, what4737        do you see as the greatest threats to U.S. aerospace dominance4738        today, and how would you address them?4739    Answer. Factors include global competition, supply chain4740vulnerabilities, and talent shortages. If confirmed, I would work4741through the policy coordination process with relevant agencies to craft4742a coordinated Federal strategy to ensure U.S. aerospace dominance.47434744   How would you ensure that U.S. advancements in aerospace4745        technology continue to set the global standard, particularly in4746        the face of rising competition from China and Russia?4747    Answer. I believe coordinated Federal R&D efforts, strong private4748sector partnerships, and active international engagement help shape4749global norms. If confirmed, I would work with agencies and industry to4750maintain our competitive edge.47514752   What policies would you propose to bolster the U.S.4753        aerospace supply chain, particularly in light of recent4754        disruptions and dependencies on foreign components?4755    Answer. Recent disruptions highlight the need for resilient supply4756chains. If confirmed, I would consult with stakeholders and agencies on4757potential strategies--like diversifying suppliers and supporting4758domestic manufacturing--to reduce dependencies on foreign sources.47594760   Aerospace dominance relies on a skilled workforce. How would4761        you work to strengthen STEM education and training programs to4762        meet the demands of the aerospace industry?4763    Answer. A robust pipeline for STEM and STEM-adjacent occupations is4764essential. If confirmed, I would advocate for collaborative programs4765among government, academia, and industry that expand access to4766aerospace-related fields at all education levels.47674768   What strategies would you pursue to retain top aerospace4769        talent in the U.S. and prevent brain drain to competitor4770        nations?4771    Answer. If confirmed, I would support policies that promote4772aerospace innovation here in the United States, such as advanced4773research opportunities and competitive career prospects, encouraging4774top talent to build and work domestically.47754776   How would you streamline regulations to encourage innovation4777        in the aerospace sector without compromising safety or4778        security?4779    Answer. If confirmed, I would engage industry experts to identify4780potential barriers to innovation, and would work with regulatory4781agencies to identify policies that remove those barriers where4782appropriate, while upholding aviation's high safety standards.47834784   What long-term investments in aerospace infrastructure--such4785        as launch facilities or testing grounds--would you prioritize4786        to keep the U.S. ahead?4787    Answer. If confirmed, I would engage agencies and industry experts4788to identify policies that support strategic projects that strengthen4789America's aerospace foundation.47904791    Question 5. The development and use of emerging technology like4792artificial intelligence must continue to be promoted, rather than4793suppressed, by the U.S. intellectual property system. Existing U.S. IP4794law is capable of addressing issues related to artificial intelligence4795and serves to promote creative activity in AI technology. While unique4796issues might arise in the future that may require additional4797legislation or regulation, the technology-neutral nature of the U.S.4798Copyright Act is sufficient to address present issues regarding AI and4799copyright.48004801   Mr. Kratsios, in order for the United States to continue to4802        lead on artificial intelligence, will you commit to promoting4803        U.S. intellectual property law, including limitations and4804        exceptions to U.S. copyright law like the fair use doctrine,4805        abroad?4806    Answer. U.S. laws around intellectual property protections and fair4807use are cornerstones of American innovation. If confirmed, I would4808collaborate with diplomatic and trade partners to defend U.S. law4809internationally and ensure continued global U.S. leadership in AI.48104811   Can you speak to the importance of a risk-based, flexible,4812        and technology-neutral regulatory approach when considering the4813        intersection between emerging technology and copyright?4814    Answer. Having regulatory approaches that are risk-based, flexible,4815and technology-neutral, including for copyright law, ensure that4816regulation can keep pace with technological innovation. If confirmed, I4817would work with relevant agencies to ensure that regulatory frameworks4818can handle new technological developments and provide clarity to4819innovators.4820    Under the previous Trump administration, you played a key role in4821advancing the first-ever OECD Principles on AI. Although the Biden4822Administration carried forth much of that work, the threat of4823regulatory fragmentation, driven by markets like the EU eager to embed4824their vision of prescriptive governance, is a growing threat.48254826   Mr. Kratsios, what is your vision for U.S. leadership on AI4827        governance among like-minded states through forums such as the4828        OECD and G7?4829    Answer. Building upon prior initiatives, I believe that the United4830States should champion pro-innovation policies that uphold American4831values. If confirmed, I would work closely with allies and like-minded4832states to prevent regulatory fragmentation and defend American4833interests on the international stage.48344835   What specific principles can the U.S. advance to ensure that4836        leading U.S. firms maintain consistent, fair access to foreign4837        markets?4838    Answer. If confirmed, I would work with relevant agencies to combat4839barriers that limit U.S. competitiveness, including advocating against4840forced technology transfer and harmful IP-related practices as a4841condition of entering a foreign market.48424843    Question 6. Mr. Kratsios, I am the chairman of the Commerce,4844Justice, and Science Appropriations Subcommittee that provides funding4845to OSTP and several science agencies, including NASA, NOAA, and NIST.48464847   If confirmed, how will you work with Congress to secure the4848        funding necessary to support long-term research and development4849        priorities?4850    Answer. Collaboration between appropriators and Federal agencies is4851key. Every Fiscal Year, the OSTP Director partners with the OMB4852Director to author a memorandum on the Federal government's research4853and development priorities. If I am confirmed, I intend to work with4854OMB to set the Administration's R&D budget priorities and to work in4855partnership with Congress to fund those priorities to ensure American4856leadership in emerging technologies.48574858    Question 7. Mr. Kratsios, given your background is primarily in4859technology policy, how do you plan to address the scientific research4860components of the job?4861    Answer. If confirmed, I look forward to assembling a team of4862subject matter experts with varied technical expertise across4863Administration priorities on scientific research.48644865    Question 8. Mr. Kratsios, in 2019 in your role as Chief Technology4866Officer of the United States, you helped lead the White House's Summit4867on America's Bioeconomy, where the importance of the bioeconomy as a4868national strategic research and development priority was discussed.4869During the summit you also highlighted the Administration's commitment4870to ensuring American leadership in emerging technologies, which4871includes investment in R&D, the workforce, and removing regulatory4872barriers to growth.4873    That commitment is more important than ever in helping encourage4874domestic biomanufacturing in states like Kansas. Corn and soy farmers4875in Kansas benefit from market demand created by the manufacture of4876biobased products. According to USDA's estimates, over 11,570 direct4877jobs and over 10,680 spillover jobs in Kansas are supported by the4878biobased chemicals, biorefining, enzyme, forest products, and biobased4879plastic sectors. These activities generate over $782 million in direct4880economic value and nearly $836 million in spillover economic value to4881Kansas's economy.48824883   Given the importance to our economic growth and the4884        implications for national security, do you and the Trump4885        Administration remain committed to growing the bioeconomy's4886        talent, data, and infrastructure?4887    Answer. I remain committed to ensuring continued American4888innovation in biotechnology and encouraging domestic biomanufacturing,4889recognizing the importance of the bioeconomy to our economy and4890national security. If confirmed, I look forward to working with4891relevant stakeholders and agencies to realize these goals.4892                                 ______48934894    Response to Written Questions Submitted by Hon. Dan Sullivan to4895                            Michael Kratsios4896    Question 1. With Huawei, we have a recent grave example of the CCP4897utilization of preferential policies and financing to enable the4898expansion of its telecommunications equipment globally, imbedding4899itself in networks capable of espionage or sabotage of U.S. and global4900networks.4901    In reaction, Congress and the Administration created restrictions4902on the use of Huawei equipment, funded the removal of the equipment4903from U.S. networks, and enacted restrictions on exports of U.S. tech to4904ensure that Huawei cannot benefit from U.S. innovations.4905    We have a new profound risk with AI, as we can anticipate that the4906CCP will take similar interest in exporting Chinese developed large4907language models around the world that can be the basis to provide4908citizen facing basic government services (taxes, healthcare, benefits).49094910   What can the U.S. government be doing to ensure U.S. tech4911        companies are globally competitive against foreign rivals?4912    Answer. If confirmed, I look forward to working with Congress and4913relevant agencies on a robust, two-pronged policy agenda to both4914promote and protect American innovation, ensuring that we develop the4915best technologies here at home and defend our technologies domestically4916and globally from malign influence.49174918   Are our global development agencies positioned to support4919        the export of American technology and software?4920    Answer. If confirmed, I look forward to working closely with our4921global development agencies to craft a coordinated strategy to support4922the export of strategically important American technology abroad.49234924    Question 2. As Director of OSTP, pursuant to the President's AI4925E.O. on January 23rd, you will be one of the chief architects charged4926with developing an AI policy ``action plan'' by July 22, 2025. At OSTP,4927you have purview to advise the President on science and technology4928across all Federal programs and activities.4929   How do we ensure that our agencies across the Federal4930        government are spending research and development funds on the4931        most important areas of AI? What do you see as the current4932        priority?4933    Answer. If confirmed, I look forward to evaluating existing4934national AI research and development strategic plans to identify4935research priorities, such as the measurement science which underpins4936large language model testing and evaluation. I will plan to work with4937research agencies to better understand their R&D priorities and4938facilitate interagency AI R&D coordination through the National Science4939and Technology Council.49404941    Question 3. During the Biden Administration, I was concerned that4942the Biden Executive Order on AI created uncertainty over regulating4943potential harms associated with generative AI that could stifle U.S.4944competitiveness and ability to innovate. For example, during the4945unveiling of the AI Safety Institute in London VP Harris made4946statements at the unveiling trying to redefine an existential threat to4947include the ``full spectrum'' of threats, including bias,4948discrimination and the spread of disinformation. Some of the identified4949harms extend beyond scientific concerns and delve into social policy4950realms.4951   How do we ensure that the U.S. is pursuing risk-based4952        guidance to industry that ensures U.S. leadership and4953        competitiveness?4954    Answer. If confirmed, I look forward to working with agencies to4955coordinate a use-case and sector-specific, risk-based policy approach4956across sectors and ensure that the private sector can support continued4957U.S. AI leadership.49584959    Question 4. The CHIPS and Science Act directed the Office of4960Science and Technology Policy to establish and lead the interagency4961Subcommittee on Microelectronics Leadership. This group is intended to4962coordinate the national strategy on microelectronics research across4963the government's science investments to ensure U.S. leadership in this4964critical technology.4965   How will the Office of Science and Technology Policy--under4966        your leadership--ensure that the portfolio of research4967        investments made by the U.S. outpaces other nations who are4968        ramping their innovation programs to try to capture market4969        leadership?4970    Answer. If confirmed, I will work with the Subcommittee on4971Microelectronics Leadership and relevant agencies to align R&D4972priorities, avoid duplication of effort, and capitalize on the4973creativity of American industry and academia.49744975    Question 5. The formidable leaps in the capability of today's AI4976systems rests on many decades of academic research supported by Federal4977science programs such as the DOE Office of Science and the National4978Science Foundation. And these offices continue to support development4979of AI algorithms and information processing science that will extend4980the capabilities of AI far beyond what is possible today.4981   What actions will the Office of Science and Technology4982        Policy--under your leadership--take to ensure that upstream4983        research is fully supported in areas such as mathematics,4984        materials science, chemistry, physics, etc. to secure AI4985        leadership for the U.S.?4986    Answer. Foundational research forms the bedrock of tomorrow's4987breakthroughs. If confirmed, I will champion support for fundamental4988science at agencies like NSF and DOE, as well as interagency4989initiatives that drive cross-agency collaboration. These efforts will4990be central to America's continued AI leadership.49914992    Question 6. In addition to incentivizing the construction of fabs4993in the U.S., the CHIPS Act also makes substantial investments in more4994applied research for piloting and prototyping in the semiconductor4995industry. Since passage of the CHIPS Act, companies have partnered with4996the Departments of Commerce and Defense to inform these R&D programs to4997ensure they meet the industry's needs.4998   What role will OSTP play in maximizing continuity and4999        efficiency of these programs to ensure the private sector can5000        meet their R&D and innovation timelines and maintain U.S.5001        leadership in microelectronics?5002    Answer. A close, iterative dialogue between Federal program5003managers and industry is vital. If confirmed, I look forward to5004learning more about how these programs are being facilitated and how5005OSTP can support the Departments of Commerce and Defense.5006                                 ______50075008     Response to Written Questions Submitted by Hon. Tim Sheehy to5009                            Michael Kratsios5010    Question 1. Holmium Copper II (HoCu2) is required for every quantum5011computer, but its development is currently dominated by a Chinese5012company. The Critical Resources Summit (CRS3.0) in Bozeman, Montana, on5013April 8-9th will address this underexamined issue and other critical5014materials vulnerabilities. Will you attend CRS3.0 and engage on these5015issues?5016    Answer. I appreciate the importance of critical materials to our5017emerging technologies. While I cannot confirm my schedule at this5018point, I value these discussions and, if confirmed, will ensure OSTP5019representation engages with experts and stakeholders to address5020critical supply chain vulnerabilities.50215022    Question 2. Will you review the importance of the National Quantum5023Initiative Advisory Committee to ensure effective representation of5024expertise on the quantum supply chain?5025    Answer. Yes. If confirmed, I will review the Committee's5026composition to ensure it includes the necessary technical and industry5027expertise. This input is crucial to fortifying our quantum ecosystem5028and maintaining U.S. leadership in this field.50295030    Question 3. Should Congress give the Artificial Intelligence Safety5031Institute (AISI) an export promotion mandate, and make it an5032independent arbiter charged with conducting evaluations of American and5033foreign AI models to detect security threats, political bias, and5034censorship?5035    Answer. I look forward to working with the Commerce Department and5036interagency partners to better assess the AISI and help chart the best5037part forward for the institute to ensure continued American leadership5038in artificial intelligence.50395040    Question 4. What is your overall vision for AISI?5041    Answer. If confirmed, I look forward to working with the Department5042of Commerce and interagency partners to better assess the AISI and help5043chart the best path forward for the institute to ensure continued5044American leadership in artificial intelligence.50455046    Question 5. If Federal support for science is frequently upstream5047of private sector innovation, how can Congress support the5048administration's efforts to reduce bureaucracy and ensure Federal5049science dollars get more bang for their buck?5050    Answer. If confirmed, I look forward to working with Congress and5051agencies to further study existing administrative research burdens and5052address them directly. Federally funded scientists should be empowered5053to spend less time on administrative requirements and more time on5054scientific research.50555056    Question 6. How can Congress support the development of critical5057infrastructure, such as high-performance computing and secure data5058centers, to maintain the U.S.'s leadership in AI and ensure resilience5059against cyber threats?5060    Answer. Advanced computing infrastructure is essential to5061accelerate AI research and maintain our competitive edge. If confirmed,5062I look forward to working with DOE, NSF, and other relevant agencies on5063their computing initiatives.50645065    Question 7. What can Congress do to help unlock the large,5066scientific datasets at DOE, HHS, NSF and elsewhere to enable open, AI-5067driven research platforms?5068    Answer. Federal datasets are a valuable national resource. If5069confirmed, I would work with agencies to encourage secure data sharing5070and standardized formats that can help unlock research breakthroughs5071across multiple disciplines.5072                                 ______50735074   Response to Written Questions Submitted by Hon. Maria Cantwell to5075                            Michael Kratsios5076    Scale AI. After leaving the first Trump Administration, you joined5077the startup company Scale AI as its first-ever Managing Director. A5078core component of Scale AI's business is using independent5079contractors--often known as ``taskers''--to review and label data sets5080that train AI models.5081    Scale AI has been accused of mistreating its workers and5082outsourcing much of its work to countries with weak labor practices.5083For example, an August 2023 Washington Post report documented how Scale5084AI set up shop in the Philippines, where labor protections are5085notoriously lax. Once there, the company allegedly delayed and canceled5086payments to workers, and often paid below the minimum wage.5087    More recently, Scale AI has faced multiple lawsuits in the United5088States, alleging, among other things, that the company misclassifies5089its workers to withhold pay and other benefits. Alarmingly, one recent5090lawsuit claims the company also required some workers to view5091disturbing imagines of traumatic events, such as assaults on children,5092murders, and fatal car accidents, without proper safeguards, which5093resulted in psychological distress.5094    My Office has also received complaints from multiple whistleblowers5095regarding Scale AI. These former Scale AI workers detail concerning5096labor practices, including wage theft and other broken promises on5097compensation. I take whistleblower complaints like these very5098seriously.50995100    Question 1. Mr. Kratsios, as Managing Director of Scale AI, what5101steps did you take to ensure Scale AI's workers were fairly5102compensated?5103    Answer. While at Scale AI, I did not work on the part of the5104business the dealt with taskers, which Scale calls contributors.51055106    Question 2. How did you ensure that Scale AI workers were not put5107into an unsafe position with respect to reviewing traumatic prompts and5108other materials?5109    Answer. While at Scale AI, I did not work on the part of the5110business the dealt with taskers, which Scale calls contributors.51115112    Question 3. You have spoken about the importance of American5113leadership in AI. How is Scale AI's apparent business model of5114outsourcing work to foreign countries with weak labor protections5115consistent with this goal?5116    Answer. While at Scale AI, I did not work on the part of the5117business the deals with taskers, which Scale calls contributors. I do5118believe in strong American leadership in AI. If confirmed, I would work5119with stakeholders to encourage responsible supply-chain practices that5120uphold American values and maintain our competitive edge.51215122    Question 4. If confirmed, will you advocate for and prioritize fair5123and ethical standards for the AI workforce?5124    Answer. While I was not involved in the Scale business related to5125contributors, I remain firmly committed to promoting policies that5126protect workers, advance innovation, and uphold American values.51275128    President Trump Attacks on NSF Funding. Mr. Kratsios, the Office of5129Science and Technology Policy (OSTP) is responsible for coordinating5130with OMB to drive funding decisions for U.S. science and technology5131priorities. As you know, Federal R&D spending occurs across 155132agencies, including the Department of Defense (DOD), the Office of5133Management and Budget (OMB), the National Aeronautics and Space5134Administration (NASA), and the National Science Foundation (NSF). If5135confirmed, you would play a critical role in driving these funding5136decisions.5137    A recent Science article reports that the Trump Administration is5138considering slashing NSF's annual budget by up to 66 percent. In5139addition, universities across the country, including in my state such5140as the University of Washington School of Public Health, are pausing5141offers to PhD students as well as offers of financial support to5142current graduate students. This would have devastating impacts on U.S.5143national and economic security interests. The United States cannot5144afford to retreat in the global race for critical next-generation5145technologies, like AI and quantum computing.51465147    Question 5. Mr. Kratsios, do you think cutting NSF's budget by two-5148thirds would further American leadership in emerging technologies?5149    Answer. The Trump Administration has not yet made a Budget request5150to Congress. If I am confirmed, I intend to work with OMB to set the5151Administration's R&D budget priorities and to work in partnership with5152Congress to fund those priorities to ensure American leadership in5153emerging technologies.51545155    Question 6. If confirmed, will you commit to protecting NSF's5156budget from the indiscriminate cuts we are seeing elsewhere across the5157Federal government?5158    Answer. During my tenure as Chief Technology Officer of the United5159States, the National Science Foundation received record funding. If5160confirmed, I look forward to advancing an R&D agenda, including NSF5161funding, that ensures that the United States leads the world in5162fundamental scientific and technological advances to improve the lives5163of all Americans.51645165    Space Commercialization. Mr. Kratsios, you have stressed the5166importance of leveraging innovation through partnerships between5167government, academia, and the private sector. Given the rapid evolution5168in space technology and the growing role of commercial entities,5169understanding your vision on public-private collaboration in space is5170critical for maintaining U.S. leadership.51715172    Question 7. How do you envision OSTP facilitating public-private5173partnerships specifically to drive innovation and economic growth in5174the commercial space sector?5175    Answer. I see public-private collaboration as a key component of5176the innovation ecosystem. If confirmed, I would encourage interagency5177coordination and stakeholder engagement to advance growth and5178competition in the commercial space sector.51795180    Question 8. What policy or strategy reforms would you recommend to5181the President to ensure that the commercial space industrial base5182continues to include new entrants with innovative approaches to5183providing space servicers and capabilities to maintain U.S.5184international competitiveness and avoid over-reliance on a small number5185of providers?5186    Answer. I support maintaining an environment that fosters5187competition and innovation. If confirmed, I would advise the President5188on measures that lower barriers to entry, encourage investment, and5189diversify participation in the space market.51905191    Space System Resiliency and Sustainability. During your time at5192DOD, you focused broadly on technological leadership to protect our5193Nation against malign actors and adversarial practices. The security of5194space assets such as satellites and associated communication and IT5195systems are an integral part of maintaining our economic and national5196security leadership in space. Understanding your recommended strategy5197on protecting these critical assets is essential.51985199    Question 9. What measures do you propose to enhance the resilience5200of U.S. space infrastructure, particularly to ensure that we do not5201become overly reliant on any single space company or single point of5202failure?5203    Answer. I believe resilience depends on robust R&D, diversified5204suppliers, and close public-private collaboration. If confirmed, I5205would promote a strategic approach that balances innovation with5206national security and avoids single points of failure.52075208    International Science & Technology Cooperation. Mr. Kratsios, we5209have all observed how the Administration's focus in the early weeks on5210tariffs and trade have produced mixed responses from many of our5211traditional allies. Many of our greatest scientific achievements have5212benefited from robust international partnerships.52135214    Question 10. What recommendation do you intend to provide the5215President regarding the value of future large research and development5216projects with international partners and allies?5217    Answer. The United States has a strong history of leadership in5218global research and innovation. If confirmed, I will provide the5219President with assessments that prioritize national interests,5220scientific excellence, and strategic partnerships while ensuring that5221any international collaboration aligns with our economic and security5222priorities.52235224    Artificial Intelligence. As Chief Technology Officer, you built the5225American AI Initiative that included five key lines of effort designed5226to advance AI research investment and build America's AI workforce.5227Congress codified the American AI Initiative in 2020.5228    Building upon this work, last Congress I introduced legislation to5229support the development of standards and testing for the most advanced5230AI models, as well as supporting education and training efforts on AI5231at NSF and the National Institute of Standards and Technology (NIST).52325233    Question 11. Mr. Kratsios, do you support the development of5234standards and testing for the most advanced AI models?5235    Answer. Yes, in general I support a framework that provides5236standards and testing without imposing excessive regulatory burdens.52375238    Question 12. If confirmed, will you work with me on workforce5239development, education, and training for AI to ensure that the U.S.5240remains at the forefront of AI innovation?5241    Answer. Yes.5242                                 ______52435244   Response to Written Questions Submitted by Hon. Amy Klobuchar to5245                            Michael Kratsios5246    Question 1. The National Institute of Standards and Technology5247(NIST) is the agency charged with partnering with industry and experts5248to develop standards that foster innovation.52495250   There are public reports that the Administration is planning5251        to fire probationary employees at NIST, many of whom are new5252        hires in AI. How will firing many of the AI experts the5253        government has recently hired affect the government's ability5254        to keep up with fast-moving developments in AI?52555256   If confirmed, will you commit to opposing the firing of5257        these AI experts?5258    Answer. OSTP does not have hiring power over government agencies.5259If confirmed, I look forward to advancing an agenda that maintains5260American leadership in artificial intelligence, including expanding5261world-leading AI expertise here in the United States. I intend to5262leverage all resources--federal and nonfederal--to ensure America5263remains the unchallenged leader in technological development.52645265    Question 2. We're facing a projected workforce shortfall in STEM5266fields--300,000 engineers and 90,000 skilled technicians in the U.S. by52672030. Minnesota faces a shortage of 18,000 workers in high-demand tech5268professions.52695270   How will you work to equip veterans and their spouses with5271        the skills they need to pursue careers in high-demand fields?52725273   If confirmed, will you work to reduce barriers limiting the5274        recruitment, retention, and success of women in academic and5275        government STEM research careers?5276    Answer. Ensuring that all individuals, including veterans, their5277spouses, and women, have the opportunity to excel in STEM fields is5278essential for innovation. If confirmed, I will support efforts to5279identify and address barriers to recruitment, retention, and success in5280STEM careers, ensuring that the best talent has the opportunity to5281contribute to and benefit from these high-demand fields.52825283    Question 3. I am working to make sure we have stronger rules of the5284road in place when it comes to AI use. My bill with Majority Leader5285Thune--the AI Research, Innovation, and Accountability Act--for5286example, would improve testing and evaluation for critical-impact AI5287systems used to make decisions about critical infrastructure.52885289   In the past you've supported developing thoughtful Federal5290        standards that can help drive the widespread adoption of AI5291        technologies across industries. If confirmed as OSTP Director,5292        how do you plan to build on your previous work?5293    Answer. Establishing clear and robust AI standards is essential for5294widespread AI adoption across industries. Such standards, when not5295overly burdensome, provide a common framework that enables5296organizations to integrate AI solutions in a way that accelerates5297innovation and economic growth. I continue to believe in the importance5298of AI standards for innovation, and, if confirmed, will build on my5299past work to ensure continued progress.5300                                 ______53015302    Response to Written Questions Submitted by Hon. Brian Schatz to5303                            Michael Kratsios5304    On February 18, 2025, President Trump announced an Executive Order5305(EO) entitled, ``Ensuring Accountability for All Agencies.'' The EO5306institutes an unprecedented requirement for direct presidential5307oversight over actions, regulations, and strategic plans by independent5308agencies, including the Federal Trade Commission (FTC), Federal5309Communications Commission (FCC) and the Securities and Exchange5310Commission (SEC).53115312    Question 1. With the jurisdiction of the FTC, FCC, and SEC5313extending into science and technology related matters, how will OSTP be5314involved in the presidential oversight established by the EO?5315    Answer. I have not spoken to White House Counsel about this5316Executive Order. However, under the previous Trump Administration, I5317worked in partnership with many agencies to advance the President's5318vision. I intend to again work with Federal and non-federal actors to5319ensure the United States maintains ``unquestioned and unchallenged5320global technological dominance,'' as the President has said.53215322    As Chief Technology Officer during President Trump's first5323administration, you played a key role in crafting the administration's5324original AI policies, such as the 2019 Executive Order entitled,5325``Maintaining American Leadership in Artificial Intelligence,'' where5326you highlighted how developing Federal standards can drive the5327widespread adoption of AI systems throughout industry.53285329    Question 2. How do you plan to build on this work during your5330tenure?5331    Answer. Establishing clear and robust AI standards is essential for5332widespread AI adoption across industries. Federal standards provide a5333common framework that enables organizations to integrate AI solutions5334in a way that accelerates innovation and economic growth. I continue to5335believe in the importance of AI standards for innovation, and, if5336confirmed, will build on my past work to ensure continued progress.53375338    Question 3. If confirmed, will you advocate for the hiring or5339rehiring of technologists and AI experts at the National Institute of5340Standards and Technology to help develop standards in alignment with5341these goals?5342    Answer. NIST plays a critical role in developing AI standards that5343support innovation and competitiveness. If confirmed, I will look5344forward to assessing NIST's current efforts to ensure NIST has the5345necessary expertise and resources to fulfill its mission effectively.53465347    Question 4. Will you commit to ensuring that AI adoption5348prioritizes public safety and consumer protection?5349    Answer. Public safety and consumer protection are important5350considerations in AI adoption. If confirmed, I will support efforts to5351assess how to best incorporate these priorities into policies that5352further innovation and economic growth.53535354    According to reporting this week from the Pew Research Center,5355about half of U.S. workers are worried about the future impact of AI in5356the workplace.53575358    Question 5. How will you approach the challenge of preparing the5359American workforce for AI impacts?5360    Answer. AI is transforming the workforce, and it's important to5361assess its impact on jobs and skills development. If confirmed, I will5362support efforts to explore strategies that help workers adapt to5363technological changes, including education, training, and workforce5364development initiatives.5365Science, Technology, Engineering and Math (STEM) Education5366    Education in core skills needed to develop and deploy critical5367emerging technologies in the U.S. is lagging behind our international5368counterparts, and could jeopardize our future economic competitiveness5369and national security. Relative to other countries, U.S. students'5370performance is declining in real-world math skills and computational5371thinking. In the field of quantum computing specifically, the U.S. is5372already facing a severe talent shortage due to an insufficient pipeline5373of talent.53745375    Question 6. How will you advocate for improved STEM education in5376the U.S. today to strengthen our emerging technologies workforce of5377tomorrow?5378    Answer. STEM education is essential for maintaining U.S. leadership5379in emerging technologies. If confirmed, I will support efforts to5380assess and identify ways to enhance STEM education and workforce5381development to ensure a strong pipeline of talent for the future.53825383    Under President Trump's first administration, concerns were raised5384about staffing levels at OSTP. In July 2017, it was reported that OSTP5385had just 35 staff compared to 135 under the prior administration. By5386April 2019, that number rose to just 58 staff.53875388    Question 7. Given the critical national security and economic5389concerns under OSTP's jurisdiction, will you commit to ensuring5390consistent staffing levels at OSTP, and that staff have sufficient5391technological and science expertise?5392    Answer. Maintaining expertise in science and technology is critical5393for OSTP's mission. If confirmed, I will assess the needs of the office5394to ensure it is positioned to provide the President with effective5395guidance on science and technology priorities.53965397    Question 8. Under President Trump's first administration, more than5398half of total OSTP staff were detailees, fellows, and IPAs. In light of5399the elimination of certain fellowship programs like the Presidential5400Management Fellowship, will you commit to hiring more full-time experts5401at OSTP to fulfill talent needs?5402    Answer. Ensuring OSTP has the necessary expertise to fulfill its5403mission is very important. However, given the limited OSTP budget, the5404use of detailees, fellows, and IPAs is essential for obtaining the5405critical science and technology expertise needed for OSTP to fulfill5406its mission. If confirmed, I will assess staffing needs and explore the5407most effective options to maintain a strong and capable team that5408supports the President's priorities.54095410    In your testimony, you stated that ``China has emerged as both our5411preeminent geopolitical rival and our most formidable technological and5412scientific competitor,'' and described how OSTP will be critical in the5413effort to compete against global competitors.54145415    Question 9. Given the sensitivity of OSTP's mission, what steps5416will you take to ensure the physical and cybersecurity of OSTP's data5417and work?5418    Answer. If confirmed, I would prioritize robust security measures5419and consult with the relevant EOP components to maintain OSTP's5420integrity.54215422    Federal funding for scientific research has undergirded the5423economic and technological supremacy of the United States. It has been5424instrumental in developing transformative technologies used in our day-5425to-day lives, from the Internet and GPS revolutionizing communication5426and navigation, to barcodes streamlining commerce, to MRI machines5427advancing medical diagnostics.54285429    Question 10. Given the important role of the government in5430supporting early, pre-commercialized science and technology research5431work, how will you encourage Federal research investments?5432    Answer. Federal R&D investments are vital to sustaining America's5433edge. If confirmed, I would work with OMB and relevant agencies to5434review current Federal R&D investments and ensure these investments are5435efficient and effective.54365437    Question 11. How will you ensure that Federal science and5438technology research is independent from potential conflicts of interest5439for members of the administration?5440    Answer. If confirmed, I would uphold conflict-of-interest5441guidelines and promote transparency in Federal research programs.54425443    During your confirmation hearing, you expressed that the President5444has the right to evaluate, make changes to, and align his team with his5445administration's goals. In light of significant layoffs at agencies5446that drive scientific research and technological innovation and5447adoption, I am concerned these actions run contrary to our goals of5448American leadership and competitiveness on scientific and technological5449advancement.54505451    Question 12. Do you agree that promoting technical and scientific5452expertise in government advances our national interests and5453competitiveness?5454    Answer. Yes. The President has appointed accomplished experts and5455leaders across governmental agencies to advise on matters of technical5456and scientific expertise.54575458    Question 13. Will you commit to protecting the critical work of5459technical and scientific experts who are advancing our national science5460and technology interests as Federal employees?5461    Answer. If confirmed, I will work with relevant agencies to better5462understand the scientific and technical work being administered and to5463promote an environment that values expertise and public service.5464                                 ______54655466   Response to Written Questions Submitted by Hon. Edward Markey to5467                            Michael Kratsios5468    Question 1. In your confirmation hearing in front of the Senate5469Commerce Committee you mentioned your support for artificial5470intelligence standards. Can you describe your plan for the creation of5471artificial intelligence standards?5472    Answer. If confirmed, I look forward to learning more about the AI5473standards processes currently underway at NIST. The President directed5474the OSTP Director and the National Security Advisor to develop an AI5475Action Plan. The U.S. approach to standards will likely be part of that5476policy process.54775478    Question 2. If confirmed, will you commit to working with the5479National Institute of Standards and Technology to convene a consortium5480of stakeholders to identify measurement needs and standards for5481artificial intelligence's environmental impacts?5482    Answer. If confirmed, I look forward to learning more about the AI5483standards processes currently underway and discuss this approach with5484NIST. The President directed the OSTP Director and the National5485Security Advisor to develop an AI Action Plan. The U.S. approach to5486standards will likely be part of that policy process.54875488    Question 3. If confirmed, will you commit to working with the5489National Institute of Standards and Technology to create a system for5490entities developing or operating artificial intelligence to voluntarily5491report the full range of artificial intelligence's environment impacts?5492    Answer. If confirmed, I look forward to learning more about the AI5493standards processes currently underway with NIST. The President5494directed the OSTP Director and the National Security Advisor to develop5495an AI Action Plan. The U.S. approach to standards will likely be part5496of that policy process.54975498    Question 4. What is OSTP's role in supporting AI's positive uses by5499protecting people, especially underrepresented communities, from the5500potentially harmful impacts of such technology?5501    Answer. The President directed the OSTP Director and the National5502Security Advisor to develop an AI Action Plan. If confirmed, I look5503forward to working the interagency process on developing this plan and5504promoting the positive uses of AI.55055506    Question 5. In 2022, OSTP issued a Blueprint for an AI Bill of5507Rights. If you are confirmed, how would OSTP use that blueprint in the5508development of AI policy and requirements for the Federal government?5509    Answer. The President directed the OSTP Director and the National5510Security Advisor to develop an AI Action Plan. If confirmed, I look5511forward to learning more about previous work done on AI by OSTP and5512working with the interagency process on developing this plan.55135514    Question 6. What guardrails should there be for the Federal5515government's use of AI tools and other technologies, and what is OSTP's5516role in the development of such guardrails?5517    Answer. If confirmed, I look forward to collaborating with relevant5518agencies to ensure AI solutions in government meet high standards of5519accountability.55205521    Question 7. If confirmed, what is your plan to improve the working5522conditions, wages, and benefits of AI data workers?5523    Answer. While labor policies involve multiple agencies, if5524confirmed, I look forward to learning about current policies that5525support responsible practices within any Federal AI-related5526initiatives.55275528    Question 8. If confirmed, what is your plan to ensure new and5529emerging technologies do not continue to be implemented in ways that5530harm workers?5531    Answer. The President has outlined a vision of empowering American5532innovators and workers. If confirmed, I would look forward to learning5533further how current policies implemented by the Federal government5534impact workers and how these practices can better protect workers.55355536    Question 9. OSTP has been deeply engaged in AI issues, and the5537office recently issued a Request for Information on AI. If confirmed,5538will you commit to formally incorporating these submissions from the5539public record received to the May 2023 RFI on Automated Worker5540Surveillance and Management in any related decision-making during your5541tenure?5542    Answer. If confirmed, I would ensure relevant public feedback is5543considered as part of the broader interagency decision-making on AI5544policy.55455546    Question 10. There are reports that artificial intelligence and5547other technologies are being developed in order to determine where5548program funding should be cut and contracts should be cancelled. If5549confirmed, will you commit to providing transparency and publicly5550disclosing information around the use and development of these5551technologies?5552    Answer. I am not familiar with these reported AI use-cases, but if5553confirmed, I look forward to learning more about the use of AI in5554government from relevant agencies.55555556    Question 11. There are reports that artificial intelligence and5557other technologies are being developed in order to determine which5558Federal workers should be laid off, terminated, furloughed,5559transferred, or otherwise adversely impacted. If confirmed, will you5560commit to providing transparency and publicly disclosing information5561around the use and development of these technologies?5562    Answer. I am not familiar with these reported AI use-cases, but if5563confirmed, I look forward to learning more about the use of AI in5564government from relevant agencies.55655566    Question 12. Do you believe that bias and discriminatory artificial5567intelligence is a problem?5568    Answer. The President directed the OSTP Director and the National5569Security Advisor to develop an AI Action Plan. The U.S. policy approach5570to addressing these issues will likely be part of that policy process,5571and, if confirmed, I look forward to working with interagency partners5572on it.55735574    Question 13. If confirmed, what is your plan to address biased and5575discriminatory artificial intelligence, especially in critical areas5576such as health care, education, employment, and criminal justice?5577    Answer. The President directed the OSTP Director and the National5578Security Advisor to develop an AI Action Plan. The U.S. policy approach5579to addressing these issues will likely be part of that policy process,5580and, if confirmed, I look forward to working with interagency partners5581on it.55825583    Question 14. Do you believe that companies have an obligation to5584test, address, or measure its algorithms before deployment in order to5585determine whether it discriminates or is biased against protected5586characteristics?5587    Answer. Testing and evaluation are key components of any AI5588strategy. The President directed the OSTP Director and the National5589Security Advisor to develop an AI Action Plan. The U.S. policy approach5590to addressing these issues will likely be part of that policy process,5591and I look forward to working with interagency partners on it.55925593    Question 15. Do you believe that companies have an obligation to5594monitor its algorithms after deployment in order to determine whether5595it discriminates or is biased against protected characteristics?5596    Answer. Testing and evaluation are key components of any AI5597strategy. The President directed the OSTP Director and the National5598Security Advisor to develop an AI Action Plan. The U.S. policy approach5599to addressing these issues will likely be part of that policy process,5600and I look forward to working with interagency partners on it.56015602    Question 16. Do you support the Office of Technology Policy's5603Blueprint for an AI Bills of Rights?5604    Answer. The President directed the OSTP Director and the National5605Security Advisor to develop an AI Action Plan. If confirmed, I look5606forward to learning more about previous work done on AI by OSTP and5607working with interagency partners on developing this plan.56085609    Question 17. Employers are increasingly relying on artificial5610intelligence in the selection and management of employees. However,5611time and time again it has been shown that AI can unlawfully5612discriminate. Do you support ensuring that artificial intelligence5613products utilized by employers are not discriminatory or biased? What5614steps would you take, if confirmed, to protect workers from the5615discriminatory impacts of AI related to the hiring and management or5616workers?5617    Answer. The President directed the OSTP Director and the National5618Security Advisor to develop an AI Action Plan. The U.S. policy approach5619to addressing these issues will likely be part of that policy process,5620and I look forward to working with interagency partners on it.56215622    Question 18. NIST's Face Recognition Vendor Test has been an5623important tool in informing our understanding of the impact, bias, and5624performance of facial recognition technology. Do you commit to5625maintaining the program, including its independence in its scientific5626and voluntary assessments?5627    Answer. The President directed the OSTP Director and the National5628Security Advisor to develop an AI Action Plan. I look forward to5629working with interagency partners on it, including learning more about5630NIST's current programs.56315632    Question 19. When you worked at the Office of Science and5633Technology Policy during the first Trump administration, did you5634witness significant waste and excess of the workforce during your5635tenure?5636    Answer. I focused on building an effective policy infrastructure at5637OSTP, while ensuring the efficient use of taxpayer dollars. If5638confirmed, I would again work with interagency partners to address5639critical science and technology challenges to ensure American5640leadership.56415642    Question 20. Do you think the Federal funding freeze will impact5643American research innovation?5644    Answer. It is important that the Federal government reviews grant5645programs so that funding may be deployed efficiently and without red5646tape. Our researchers and scientists cannot be consumed by bureaucratic5647compliance, but instead must focus on innovating. If confirmed, I look5648forward to advancing an agenda that ensures America remains a leader in5649technological innovation.56505651    Question 21. Do you think the Federal workforce cuts will impact5652American research innovation?5653    Answer. OSTP does not have hiring power over government agencies.5654If confirmed, I look forward to advancing an agenda that maintains5655American leadership in emerging technologies, such as quantum, nuclear5656energy, and artificial intelligence. I intend to leverage all5657resources--federal and nonfederal--to ensure America remains the5658unchallenged leader in technological development.5659                                 ______56605661    Response to Written Questions Submitted by Hon. Gary Peters to5662                            Michael Kratsios5663    Question 1. At your nomination hearing, you mentioned prioritizing5664``high impact'' versus ``high risk'' use cases for AI inventories. What5665markers are you using to determine what ``high impact'' is and isn't?5666    Answer. To assess if a use-case is high impact, a government agency5667could evaluate the scale of the problem it addresses, such as the5668number of people or resources affected. They could also estimate the5669magnitude of benefit and ensure it's feasible with available resources.5670Use cases should also align with the agency's mission and national5671priorities. Combining these factors can helps identify efforts with the5672greatest potential impact.56735674    Question 2. During President Trump's first term, OSTP had open5675lines of communication with Congress. Do you commit to engaging with5676Congress, including the minority, this term?5677    Answer. Yes.5678                                 ______56795680   Response to Written Questions Submitted by Hon. Ben Ray Lujan to5681                            Michael Kratsios5682    Question 1. When you served as the U.S. Chief Technology Officer5683during the first Trump Administration, you helped launch the National5684Quantum Coordination Office. In your testimony at this hearing, you5685supported the reauthorization of the National Quantum Initiative Act.5686If confirmed, will you ensure that quantum initiatives supported and5687coordinated by OSTP are inclusive of the variety of quantum computing5688(annealing and gate model systems), quantum sensing, quantum5689communications, and networking technologies available today?5690    Answer. If confirmed, I will ensure that the quantum initiatives5691supported and coordinated by OSTP are aligned with the National5692Strategic Overview for Quantum Information Science and subsequent5693strategy documents on quantum sensing, communications, and networking5694authored by technical quantum experts across the Federal interagency.56955696    Question 2. Sen. Blackburn and I previously introduced bipartisan5697legislation to establish a ``sandbox-style'' initiative for emerging5698technologies (quantum, AI, machine learning, autonomy, and more) aimed5699at developing applications quickly that help advance our domestic5700industrial base and provide small businesses access to emerging5701technologies. If confirmed, will you support this type of public-5702private partnership and other efforts to develop and accelerate near-5703term quantum applications?5704    Answer. I believe ``sandbox-style'' initiatives for emerging5705technologies that remove barriers to the development, testing, and5706evaluation of emerging technologies can help advance nascent industries5707and support the domestic industrial base for those technologies. If5708confirmed, I look forward to supporting innovative public-private5709partnerships that leverage the best of government, industry, and5710academia to develop and accelerate quantum technologies for the benefit5711of the American people.57125713    Question 3. I represent two prestigious DOE national labs dedicated5714to advancing scientific discovery and protecting our national security.5715Do you commit to advocating for the National Labs and the resources5716necessary for them to continue their essential R&D and national5717security missions?5718    Answer. I believe the DOE National Laboratories are the crown5719jewels of the Federal research and development enterprise. If5720confirmed, I look forward to supporting the National Labs to continue5721their R&D mission in support of our national security and scientific5722advancement.57235724    Question 4. Should industry and government partners be investing in5725developing innovative technology to solve spectrum challenges of today5726and prepare for new challenges down the line?5727    Answer. Both industry and government have an important role to play5728in developing innovative technology to solve the spectrum challenges of5729today and the future.57305731    Question 5. Do you believe improving interagency coordination is5732important to improving the Federal government's spectrum policy and5733strategy?5734    Answer. I believe interagency coordination is always important when5735multiple agencies have roles and responsibilities in the formulation of5736policy and strategy surrounding a particular technological issue. If5737confirmed, I look forward to supporting interagency coordination5738efforts on spectrum policy.5739                                 ______57405741 Response to Written Questions Submitted by Hon. John Hickenlooper to5742                            Michael Kratsios5743    Federal researchers deliver the scientific breakthroughs and key5744medical treatments our country relies on. Colorado is a state with a5745deep and historic scientific enterprise, with labs for the Department5746of Energy, the National Institute of Standards and Technology, the5747National Telecommunications and Information Administration, and the5748National Oceanic and Atmospheric Administration. Reports of thousands5749of Federal researchers being laid off based on factors unrelated to5750their performance is deeply troubling. Our scientific enterprise5751strengthens our national security and propels our economy forward.57525753    Question 1. Mr. Kratsios, when you look at these layoffs to5754researchers and scientists, what message do you believe this sends to5755the international community and young aspiring scientists? What is your5756strategic plan to strengthen STEM education programs across the Federal5757scientific enterprise to attract more K-12 students to pursue STEM5758pathways?5759    Answer. STEM Education is critically important to our Nation's5760continued leadership in science and technology. If confirmed, I will5761support efforts to promote and advance STEM education through multi-5762sector partnerships, ecosystem development, and the removal of barriers5763to participation in STEM pathways.57645765    Question 2. While AI is already showing its potential for5766increasing productivity, there is also ongoing concern that AI will5767cause disruptions to our existing workforce. How will you approach the5768challenge of preparing the U.S. workforce for the AI-enabled economy,5769including through education, apprenticeships, and retraining programs?5770    Answer. AI is transforming the workforce, and it's important to5771assess its impact on jobs and skills development. If confirmed, I will5772support efforts to explore strategies that help workers adapt to5773technological changes, including through education, training, and5774workforce development initiatives.57755776    In your prior role in the Trump Administration, you led the White5777House's implementation of the National Quantum Initiative. Colorado is5778home to world-leading quantum research at academic institutions and in5779the private sector. Quantum technology has the potential to5780revolutionize medical drug discovery, supercharge artificial5781intelligence, strengthen cybersecurity, and support our transition to5782clean energy. The Elevate Quantum Tech Hub, based in Colorado, New5783Mexico, and Wyoming, has built a diverse array of leaders in academia,5784workforce development, and private industry to expand workforce5785training and commercial-scale manufacturing for quantum technologies in5786the Mountain West. Additionally, Colorado is home to cutting edge5787quantum information science research being conducted at JILA, which is5788a longstanding collaboration between CU Boulder and NIST.57895790    Question 3. How will you continue to support the development of the5791next generation of quantum scientists our Nation needs to maintain5792global competitiveness?5793    Answer. If confirmed, I look forward to supporting Federal research5794and development initiatives that train the next generation of quantum5795scientists and provide them access to Federal research resources, such5796as our Federally funded quantum testbeds, that will prepare them to5797contribute to American leadership in quantum information science.57985799    Question 4. How will you lead OSTP to coordinate Federal R&D5800activities to complement the work of hubs of innovation across the5801country?5802    Answer. If confirmed, I look forward to building a team of5803technical experts at OSTP and working with our interagency partners5804through the National Science and Technology Council to coordinate5805Federal research and development initiatives.58065807    Question 5. How can OSTP help turn scientific breakthroughs into5808game-changing commercial technologies and companies?5809    Answer. I believe OSTP has an important role in developing and5810implementing strategies that support research and development, remove5811unnecessary barriers to innovation, promote workforce development, and5812lead international development of standards and regulations. These5813actions can support turning scientific breakthroughs into commercial5814technologies and ensuring American science and technology leadership on5815a global stage.58165817    Question 6. Small businesses are leading much of the innovation in5818the quantum realm. Under the first Trump Administration, the National5819Quantum Presidential Advisory Council included small business5820innovators, academics, and key government offices. In what ways can5821OSTP and Federal innovation policies support small businesses in the5822quantum sector to help maintain and advance American leadership in5823quantum technology?5824    Answer. Federal policies can support small businesses in quantum5825and other emerging technology areas by increasing their access to5826Federal research and development funding and resources, removing5827unnecessary administrative burdens, and training the next generation of5828quantum scientists and innovators.58295830    Question 7. You played a key role in crafting the Trump5831Administration's original AI policies. These included the February 20195832Executive Order on Maintaining American Leadership in Artificial5833Intelligence, which highlighted the ways that developing thoughtful5834Federal standards can help drive the widespread adoption of AI5835technologies throughout industry. The National Institute of Standards5836and Technology has already published the AI Risk Management Framework5837that has been embraced by industry, and NIST continues their work in5838this realm.5839    If confirmed as OSTP Director, how do you plan to build on this5840work to advance standards for responsible AI research, development, and5841deployment?5842    Answer. AI research and development will not lead to the adoption5843of AI systems if those systems do not have the trust of the American5844people. If confirmed, I will seek to develop additional technical5845standards for the development and deployment of AI systems and to issue5846non-regulatory guidance to improve public trust in AI systems.58475848    Question 8. How will you ensure that AI development in the U.S. is5849both innovative and secure, given the administration's emphasis on5850removing regulatory barriers?5851    Answer. I do not believe there is an inherent tradeoff between5852advancing AI innovation and developing secure AI systems. If confirmed,5853I will ensure that Administration efforts to remove unnecessary5854barriers to innovation do so while maintaining the security standards5855needed for AI systems.58565857    Question 9. The U.S.-China Economic and Security Review Commission5858submitted its annual report to Congress in November 2024. As part of5859the Commission's review, it found substantial evidence that the United5860States and China are fiercely competing in the subdomains of quantum5861sensing, quantum communications, and quantum computing. As you know,5862the Congress has to reauthorize the National Quantum Initiative Act to5863guide Federal R&D efforts, promote translation of quantum technologies5864to commercial applications, and invest in workforce training.5865    If confirmed to lead OSTP, what is your specific plan to promote5866U.S. advancements in the specific fields of quantum sensing, quantum5867communications, and quantum computing?5868    Answer. If confirmed, I will ensure that the quantum initiatives5869supported and coordinated by OSTP are aligned with the National5870Strategic Overview for Quantum Information Science and subsequent5871strategy documents on quantum sensing, communications, and networking5872authored by an interagency group of technical experts.58735874    Question 10. What recommendations would you provide Congress on how5875to strengthen and increase the resiliency of the quantum supply chain,5876including hardware?5877    Answer. It is critically important that the United States maintains5878a secure, resilient quantum supply chain, including hardware in order5879to ensure continued American leadership in quantum information science.5880Doing so will require collaboration across stakeholders in industry,5881academia and Government to identify and fill gaps in technology,5882standards, and workforce.5883                                 ______58845885Response to Written Questions Submitted by Hon. Lisa Blunt Rochester to58865887                            Michael Kratsios5888    Question 1. Do you believe AI systems are biased? As Director of5889OSTP, would you focus resources and attention on the issue of bias in5890AI?5891    Answer. AI systems can produce inconsistent results either due to5892structural deficiencies in system design or the use of unrepresentative5893datasets during training. Engineers of AI systems should ensure that5894the systems they develop are designed appropriately for their specific5895use case.58965897    Question 2. Do you believe AI literacy is important for Americans?5898How will you work to promote AI literacy?5899    Answer. If confirmed, I will work towards equipping workers with5900the skills needed for AI-enabled job opportunities.59015902    Question 3. What role do you think OSTP should play in strategic5903planning and coordination to prepare the workforce for an economy that5904is increasingly impacted by AI?5905    Answer. OSTP has an important role to play in coordination across5906the Federal government, academia, and private sector to ensure that our5907workforce is prepared for the jobs of the future, including AI and AI-5908enabled occupations.59095910    Question 4. Do you think OSTP has a role in promoting and advancing5911STEM education as a strategy to ensure that our country has sufficient5912technical talent to lead and compete with adversaries like China?5913    Answer. Yes. If confirmed, I will support efforts to promote and5914advance STEM education to ensure that the United States has the5915sufficient technical talent to lead and compete with our adversaries5916and strategic competitors.59175918    Question 5. Delaware has a robust life science, biotechnology, and5919precision medicine ecosystem. What is your vision for promoting U.S.5920leadership in these areas and other strategic and emerging science and5921technologies?5922    Answer. In general, for biotechnology as well as other emerging5923technology areas, I believe it is important to develop and implement5924strategies that support research and development, remove unnecessary5925barriers to innovation, promote workforce development in these sectors,5926and lead international development of standards and regulations.59275928    Question 6. Do you think biotechnology and life science should be5929represented on the President's Council of Advisors on Science and5930Technology?5931    Answer. Yes.59325933    Question 7. What role do you see for OSTP in supporting5934entrepreneurship?5935    Answer. OSTP has an important role to play in fostering an5936innovation ecosystem by supporting policies that empower startups and5937``little tech,'' including ensuring their access to Federal resources5938and reducing barriers to technology development.59395940    Question 8. A top priority of mine is securing our supply chains. I5941have been working on a bipartisan basis with Ranking Member Cantwell5942and Senator Blackburn on legislation to promote supply chain5943resilience. In your past roles, you have been mainly focused on5944technologies like AI and quantum.5945    Do you see a role for OSTP in helping secure our supply chains?5946    Answer. Ensuring resilience in and securing our supply chains for5947emerging technologies is critically important. If confirmed, I look5948forward to supporting interagency efforts to secure our supply chains.59495950    Question 9. Over the last several years, OSTP has worked to advance5951climate and environmental justice priorities. Delaware is the lowest5952lying state in the Union, making us particularly vulnerable to rising5953sea levels and climate change.5954    If confirmed as the President's top scientific advisor, would you5955advise dedicating technical resources to help improve climate5956resilience?5957    Answer. If confirmed, I will support interagency efforts to5958coordinate with states so that they are adequately prepared to address5959natural disasters and severe weather.5960                                 ______59615962     Response to Written Questions Submitted by Hon. John Thune to5963                              Mark Meador5964    Question 1. Advanced artificial intelligence (A.I.) is a5965revolutionary technology that has the potential to improve health care,5966agriculture, logistics, supply chains, and countless other industries.5967How would you approach A.I. regulation to protect consumers, harness5968major advancement, and limit government intervention?5969    I endorse the principles articulated by Vice President Vance in his5970February 11, 2025 remarks before the Paris AI Action Summit. If5971confirmed, I will work with Chairman Ferguson, my fellow commissioners,5972and FTC staff to protect competition within the AI space and ensure5973that consumers are not harmed by unfair or deceptive conduct that uses5974AI tools.59755976    Question 2. Will you commit to working with this committee on a5977light-touch, pro-innovation legislative framework for A.I.?5978    Answer. Yes.59795980    Question 3. The Federal Trade Commission's section 6(b)5981investigative authority provides much needed transparency about data5982practices of large tech companies to consumers. What are your views on5983the FTC using this authority to provide transparency about some of the5984practices of the largest technology companies?5985    Answer. The FTC's 6(b) authority is an incredibly valuable tool5986that allows the agency to better understand how markets operate,5987ensuring that its enforcement efforts are efficient and well-informed,5988and to provide expert guidance to Congress. If confirmed, I look5989forward to working with Chairman Ferguson, my fellow commissioners, and5990FTC staff to consider future uses of the agency's 6(b) authority that5991may inform its enforcement and assist legislators.5992                                 ______59935994    Response to Written Questions Submitted by Hon. Jerry Moran to5995                              Mark Meador59961. Refocusing the Commission5997    Mr. Meador, I have been concerned about the direction of the FTC5998over the past four years. During this time, the FTC has:59996000   pursued significant regulatory changes that encroach on6001        Congress's legislative duties;60026003   departed from long-standing precedents guiding mergers and6004        acquisitions policies that help create a pro-competition6005        business environment in the US; and60066007   harmed the bipartisan work of the Commission by politicizing6008        agency processes.60096010    These changes have impacted the FTC ability to perform their6011essential consumer protection functions and significantly harmed morale6012at the Commission.60136014   Mr. Meador, if confirmed, how do you plan to address the6015        concerns I have laid out?6016    Answer. If confirmed, I will work closely with Chairman Ferguson,6017my fellow commissioners, and FTC staff to ensure that the agency's6018enforcement efforts adhere to our statutory authorities, reflect sound6019law and policy, and advance the interests of the American people.60202. Enforcement Approach6021    The FTC has a dual mandate of promoting competition and protecting6022consumers. The previous administration's record of aggressive antitrust6023enforcement over-deterred mergers and acquisitions, resulting in a6024sudden and sharp decline in startup acquisitions by large companies,6025and an enormous drop in overall acquisitions of smaller startups, which6026detriments consumers by limiting access to products and services.6027    For example, research shows that from mid-to-late 2021 through60282024, antitrust authorities were pursuing a ``process is the6029punishment'' approach to antitrust enforcement. In Fiscal Year 20226030alone, the FTC and DOJ Antitrust collectively filed at least 50 merger6031enforcement actions, the highest rate in two decades. As a result,6032acquiring startups virtually ceased. In the technology industry, from60332011 and into early 2021, companies acquired more than a dozen startups6034every year. Yet, in 2022 and 2023, they collectively acquired just6035three startups per year. And in the first half of 2024, they6036collectively acquired zero startups.6037    In fact, the exit valuations of all startups declined and the6038shutdown rate for startups increased massively. In the late 2010s, the6039median company exit multiple for tech startups was between 0.7 to 0.8-6040the median startup exit was an acquisition at a slight loss for venture6041capital investors. In 2023 and the first half of 2024, it was zero-6042meaning the median startup exit was no longer an acquisition, but a6043shutdown and total loss.60446045   Mr. Meador, can you share your philosophy on enforcement--6046        how would you decide when to pursue litigation versus6047        negotiation with companies?6048    Answer. The FTC should be prepared to litigate any matter where it6049believes there has a been a violation of the law that has harmed6050consumers. In some cases, the most efficient and effective way to6051protect consumers will be to enter into a negotiated settlement with a6052defendant, known as a consent decree. The FTC should always remain open6053to consent decrees where they can effectively protect consumers from6054the harm at issue, but at the same time should be willing to litigate6055to a verdict where necessary.60566057   Do you agree that overly rigorous antitrust enforcement6058        stunts the growth and success of innovative small businesses?6059    Answer. Rigorous antitrust enforcement is essential to maintaining6060the competitive markets that promote innovation, entry by new6061competitors, and benefit consumers. Markets and consumers are harmed,6062however, by under-or overenforcement that strays from the law.60636064   Given the recognized importance of frontier technologies and6065        long-term U.S. economic growth, innovation, and technological6066        leadership, what steps will you take to provide clarity and6067        predictability to antitrust enforcement to ensure that they6068        continue to draw investment and innovation?6069    Answer. If confirmed, I will work closely with Chairman Ferguson,6070my fellow commissioners, and FTC staff to ensure that we are providing6071all appropriate guidance to the business community regarding the6072agency's enforcement policies.60736074   Will you commit to antitrust enforcement that will focus on6075        the interest of consumers and will not have a negative impact6076        on consumer prices and small businesses?6077    Answer. Ensuring that antitrust enforcement benefits consumers and6078competition should always be at the forefront of every enforcement6079decision.60806081   What steps will you take to remove regulatory taxes that6082        your agency placed on businesses during the last6083        administration?6084    Answer. If confirmed, I will work closely with Chairman Ferguson,6085my fellow commissioners, and FTC staff to ensure that the agency is not6086imposing any unnecessary burdens on parties appearing before the6087Commission. The FTC should protect competition and consumers by6088enforcing the laws written by Congress, not by abusing administrative6089processes.60906091   Will you reimplement guidance to help businesses ensure that6092        they are complying with the antitrust laws and avoid the risk6093        of an investigation?6094    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6095commissioners, and FTC staff to fully and fairly enforce each of the6096laws that Congress has given the agency to execute.6097    Those enforcement efforts should follow the text of the relevant6098statutes, and priority should be given to matters that present the6099greatest risk to American consumers.61003. Challenges to U.S. Trade Leadership6101    Over-enforcement and ex-ante digital regulatory experiments in6102Europe, like the Digital Markets Act, have already resulted in initial6103harms to consumers and businesses. We have also seen that innovative6104companies have delayed or halted launches of new products entirely in6105the EU. For example, Apple and Meta have delayed the launch of certain6106AI services in Europe as a result of the increased regulatory burdens6107imposed by the DMA.6108    President Trump recently criticized Europe for its regulatory6109approach, exemplified by the DMA, that is unfairly targeting U.S. tech6110firms. This type of regulatory overreach risks undermining the6111transatlantic cooperation that has helped to ensure the United States6112and our allies lead in the global technology race. China is also6113targeting U.S. tech companies, using antitrust as a tool to undermine6114America's technology leadership.61156116   Mr. Meador, how would you work to counterbalance these6117        challenges to American leadership?6118    Answer. American law enforcers and regulators should always put6119America first. If confirmed, I will work closely with Chairman6120Ferguson, my fellow commissioners, and FTC staff to advance the6121interests of the American people.61226123   What role can your agency play in preventing these6124        regulatory regimes from spreading to additional countries?6125    Answer. The FTC should focus on enforcing American laws, to protect6126American consumers. Precious taxpayer resources should never be spent6127on helping other nations regulate American companies. If confirmed, I6128will work with Chairman Ferguson, my fellow commissioners, and FTC6129staff to ensure that the FTC is focused on putting America first.61306131   Will you distinguish yourself from the prior administration6132        on the way the agency worked with USTR on promoting innovation6133        and competition abroad by standing up for American companies in6134        multilateral fora?6135    Answer. It is paramount that all Executive Branch agencies put6136America first. If confirmed, I will work with Chairman Ferguson, my6137fellow commissioners, and FTC staff to ensure the agency follows this6138approach.61394. Competition in General6140    American leadership across all industries, particularly in digital6141markets, is being challenged by regulatory regimes worldwide that are6142intent on picking winners and losers. These experimental regulatory6143regimes, like the European Union's Digital Markets Act, penalize6144businesses and consumers alike through higher costs and may result in6145reduced innovation.6146    U.S. antitrust enforcers should carefully consider how overly6147burdensome rules and regulations can stifle innovation and6148entrepreneurialism. Robust competition that prioritizes benefits to6149consumers, rather than competitors, is fundamental to ensure America's6150continued global leadership in dynamic and innovative markets.6151    The U.S. is the leading global exporter of innovative new6152technology, and home to many start-ups and small businesses,6153particularly in the tech sector. These startups, which have been6154paramount in advancing the technological leadership of the U.S., rely6155heavily on mergers to support their products getting into consumers'6156hands and to continue to attract essential early-stage investment.6157Likewise, the focus on consumer welfare has been the foundation of our6158antitrust analysis for decades, and with it, the U.S. has led the world6159with a highly competitive and innovative technology industry.61606161   Mr. Meador, what steps will you take to ensure that6162        enforcement of the antitrust laws does not stifle innovation6163        and reduce consumer benefits?6164    Answer. If confirmed, I will work closely with Chairman Ferguson,6165my fellow commissioners, and FTC staff to ensure that all agency6166enforcement actions are undertaken to promote the welfare of consumers.61676168   Will you commit to reviving the consumer welfare standard as6169        the agency's guiding principle?6170    Answer. The welfare of consumers must always be the north star of6171antitrust enforcement. If confirmed, I will work closely with Chairman6172Ferguson, my fellow commissioners, and FTC staff to ensure that all6173agency enforcement actions are undertaken to promote the welfare of6174consumers.61756176   Will you commit to ensuring that your agency will use its6177        taxpayer-funded resources to pursue cases only when they risk6178        harm to consumers?6179    Answer. If confirmed, I will work closely with Chairman Ferguson,6180my fellow commissioners, and FTC staff to ensure that all agency6181enforcement actions are undertaken to promote the welfare of consumers.61826183   What policies and guidelines should be prioritized to ensure6184        that antitrust enforcement in the U.S. does not impede6185        innovation and consumer benefits?6186    Answer. If confirmed, I look forward to consulting with Chairman6187Ferguson, my fellow commissioners, and FTC staff to evaluate all6188ongoing enforcement efforts to determine what steps we can take to best6189protect innovation and consumers.61906191   In recent years we have also seen increased international6192        regulatory and enforcement scrutiny against merger activity by6193        predominantly U.S. firms, particularly in digital markets. As6194        international competition enforcers increase their focus on6195        American tech firms, what steps can be taken to preserve6196        America's global competitive advantage in these areas?6197    Answer. If confirmed, I will work closely with Chairman Ferguson,6198my fellow commissioners, and FTC staff to ensure that all agency6199enforcement actions are consistent with our statutory authority and in6200the interests of consumers.62015. Regulations6202    Many have raised concerns about the changes to the new HSR6203premerger notification rules and their disparate negative impact on6204small businesses and start-ups. These rules will considerably increase6205costs and time to prepare for a merger notification. While larger6206companies can afford to comply with the extra document procurement and6207work hours, small businesses and start-ups will likely struggle to meet6208the increased demands. The new rules have also been challenged in court6209for violating the Administrative Procedures Act as being unnecessary6210and overly burdensome.6211    With the final rule for the HSR premerger notification form now in6212effect, it will also expand the scope of documents required to be6213submitted, and increase the time for merging parties to prepare for a6214filing by up to 121 additional hours per filing according to the FTC--a6215number that many companies that actually prepare these filings suggest6216is too low--increasing the time and resources needed for the Agencies6217to review these proposed deals.6218    The new HSR rules result in a substantial amount of additional6219information being produced to the agencies and will require additional6220time by staff to review these filings. The FTC opened an investigation6221into 2 percent of mergers for which it received an HSR in 2024 and6222issued Second Requests to fewer than that.62236224   Mr. Meador, given that over 95 percent of notified merger6225        transactions do not present a competitive risk, is this the6226        best use of the Agency's resources?62276228   Will you commit to repealing the new HSR rules, and to work6229        with the FTC to restart the rulemaking process in order to6230        adopt a new rule that does not negatively impact merger6231        activity?6232    Answer. While I cannot prejudge any matter that may come before me6233as a Commissioner, if confirmed I will work closely with Chairman6234Ferguson, my fellow commissioners, and FTC staff to ensure that the6235agency's merger review process is both efficient and effective.62366. Data Privacy6237    In previous Congresses, I have sponsored legislation establishing a6238strong Federal data privacy standard for Americans that also provides6239certainty to businesses that collect and process consumer data.6240    I believe it is important for Americans to control how their data6241is collected and used by companies, and I think there is a growing6242national security argument for a strong Federal standard for data6243privacy and security. The situation with TikTok and recent large-scale6244cyberattacks have shown how dire the situation for consumer data is in6245this country.62466247   Mr. Meador, do you agree that a Federal data privacy and6248        security law is needed to protect Americans' data?62496250   If directed by the law, do you believe the FTC would be able6251        to enforce such a standard, assuming appropriate guidelines are6252        in place to prevent overreach by the Commission?6253    Answer. Protecting Americans' data is incredibly important. If6254confirmed, I look forward to working with you and your office--as well6255as Chairman Ferguson, my fellow commissioners, and FTC staff--to ensure6256the FTC has all of the tools it needs to protect American consumers and6257enforce the laws written by Congress.62587. Artificial Intelligence/DeepSeek6259    DeepSeek's emergence in the AI race has sparked concerns over the6260United States' ability to maintain its lead in this critical6261technology. In remarks on January 30, 2025, FTC Commissioner Melissa6262Holyoak argued that ``we must avoid slowing innovation in artificial6263intelligence through misguided enforcement actions.'' She went on to6264observe that ``[w]e have a vested interest in keeping America first6265when it comes to AI technology.''62666267   Mr. Meador, do you agree with Commissioner Holyoak on the6268        importance of encouraging innovation and keeping America first6269        when it comes to AI?6270    Answer. Innovation is incredibly important, and America must be the6271leader in AI.62728. Elder Fraud/Stop Senior Scams Act6273    In 2023, individuals aged 60 and older reported losses exceeding6274$3.4 billion due to scams, marking an 11 percent increase from the6275previous year.6276    In 2022, Congress passed the Stop Senior Scams Act, a bill that I6277introduced with Senator Casey. This law tasks the FTC with setting up6278an advisory group focused on senior scams and aims to enhance6279coordination between the Federal government, businesses, and consumer6280advocacy groups to protect seniors from scams.62816282   Mr. Meador, considering that older Americans face6283        disproportionate financial losses from scams--with estimates of6284        billions lost and significant underreporting--what concrete6285        initiatives or policy changes do you plan to champion at the6286        FTC to strengthen enforcement and improve outreach to protect6287        our vulnerable seniors from these sophisticated fraud schemes?6288    Answer. If confirmed, I will consult with Chairman Ferguson, my6289fellow commissioners, and FTC staff to get up to speed on the agency's6290current enforcement efforts in this area and ensure that we are doing6291everything we can to protect American consumers.62929. Future Consumer Protection Issues6293   Mr. Meador, what consumer protection challenges do you6294        believe the FTC should address in the coming years? How does6295        the rise of new technologies, including artificial6296        intelligence, influence the focus of the FTC?6297    Answer. As I observed in my opening remarks, ``One of the FTC's6298most important missions in the years to come will be using its consumer6299protection authority to safeguard families from those seeking to take6300advantage of the most vulnerable.'' Protecting our children is of the6301utmost importance, especially as attempts to take advantage of them are6302turbocharged by AI.6303                                 ______63046305    Response to Written Questions Submitted by Hon. Dan Sullivan to6306                              Mark Meador6307    Question 1. The antitrust statutes are famously brief. They don't6308say ``big is bad,'' nor that all mergers are bad. However, the focus on6309consumer welfare has been the foundation of our antitrust analysis for6310decades. From mid-to-late 2021 through 2024, antitrust authorities were6311pursuing a ``process is the punishment'' approach to antitrust6312enforcement. In Fiscal Year 2022 alone, the FTC and DOJ Antitrust6313collectively filed at least 50 merger enforcement actions, the highest6314rate in two decades.6315    These actions ran the gambit from providing a chilling effect on6316innovation, resulting in a sudden and sharp decline in tech startup6317acquisitions by large companies, to also focusing on the necessary6318actions to monitor consumer welfare, such as the Albertsons-Kroger6319merger which would have had unique impacts on Alaska.6320    Alaskans were concerned about how this now cancelled merger would6321affect consumer prices, the state's food security, and Alaskan6322employees and their union contracts. The FTC found that the merger6323would likely reduce competition and raise prices--putting further6324strain on working families in our state63256326   The FTC must strike a balance as it uses its taxpayer-funded6327        resources to pursue cases only when they risk harm to6328        consumers, and not stifle innovation and consumer benefits.6329        What steps will you take to ensure that enforcement of the6330        antitrust laws does not stifle innovation and reduce consumer6331        benefits?63326333   What do you think is the appropriate goal of antitrust6334        enforcement?6335    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6336commissioners, and FTC staff to fully and fairly enforce each of the6337laws that Congress has given the agency to execute. Those enforcement6338efforts should follow the text of the relevant statutes, and priority6339should be given to matters that present the greatest risk to American6340consumers.63416342    Question 2. The public and U.S. markets have historically benefited6343from FTC's role to protect the public from deceptive or unfair business6344practices and from unfair methods of competition.6345    Under the last Administration, Chair Lina Khan chose to use the FTC6346to score political wins, through costly, unwinnable litigation based on6347dubious legal theories, and through expansive, burdensome, and overly6348prescriptive rulemaking.63496350   If confirmed as Commissioner, how will you prioritize what6351        rulemakings need to be rescinded, and which litigation should6352        be dismissed?6353    Answer. While I cannot prejudge any matter that may come before me6354as a Commissioner, if confirmed I will work closely with Chairman6355Ferguson, my fellow commissioners, and FTC staff to ensure that any FTC6356rulemakings or enforcement actions are based on clear statutory6357authority and in the interests of American consumers.63586359    Question 3. The geopolitical threat China poses is acute when it6360comes to high technology. Whether it's national security or economic6361security, America must remain ahead of China in developing and6362deploying cutting-edge technologies.63636364   How should the threat posed by China be incorporated in6365        antitrust analysis, so that we ensure American consumers6366        benefit from competition, while our leading U.S. tech companies6367        are globally competitive against foreign rivals?63686369   Given the recognized importance of frontier technologies and6370        long-term U.S. economic growth, innovation, and technological6371        leadership, what steps will you take to provide clarity and6372        predictability to antitrust enforcement to ensure that they6373        continue to draw investment and innovation?6374    Answer. American antitrust enforcers must ensure that foreign firms6375are not violating our antitrust laws to gain an unfair advantage over6376American companies. They must also ensure that American markets remain6377competitive so that our free-market economy continues to lead in6378technological innovation and development.6379                                 ______63806381    Response to Written Questions Submitted by Hon. John Curtis to6382                              Mark Meador6383    Question 1. Last fall, a week after election day, the Biden6384Administration's Federal Trade Commission (FTC), issued final6385amendments to the Negative Option rule. Utahns are concerned that the6386Negative Option rule will not only harm our country's growing6387subscriptions economy, but that it will curb innovation and impose6388unnecessarily stringent requirements on legitimate American businesses,6389all to the detriment of consumers.6390    Many companies impacted by the Negative Option Rule have best6391practices around their subscription-based services so that their6392customers have an experience that is transparent and flexible to meet6393their needs and budgets. In her dissent to this rule, FTC Commissioner6394Holyoak noted, ``the Rule's breadth incentivizes companies to avoid6395negative option features that honest businesses and consumers find6396valuable'' and that ``even honest businesses will have reason to6397reconsider the use of negative option billing now that it means6398subjecting themselves to potential civil penalties for misreading6399Commission tea leaves.'' She also notes that parts of the rule6400``ultimately, may harm consumers.''64016402   Mr. Meador, do you agree with Commissioner Holyoak's6403        statements? Why?6404    Answer. While I cannot prejudge any matter that may come before me6405as a Commissioner, if confirmed I will work closely with Chairman6406Ferguson, my fellow commissioners, and FTC staff to ensure that any6407agency rulemakings are based on clear statutory authority and in the6408interests of American consumers.64096410    Question 2. Another item of concern for me on the Negative Option6411Rulemaking was its failure to follow proper procedure in finalizing the6412rule. Again, looking to Commissioner Holyoak's dissent, she notes that,6413for multiple reasons she is ``convinced that this rulemaking has failed6414to satisfy [the FTC Act] Section 18's requirements for rulemaking.'' It6415is crucial to me and the people of my state that our Federal Government6416is not side stepping the official rule making process in releasing6417regulation, such as this one.64186419   As an FTC Commissioner, will you work to ensure that the FTC6420        will not take short cuts in its rule making process in the6421        future?6422    Answer. Yes.6423                                 ______64246425   Response to Written Questions Submitted by Hon. Maria Cantwell to6426                              Mark Meador6427    FTC Independence. The Federal Trade Commission (FTC) was designed6428to be an independent, bipartisan Commission. As a result, FTC6429Commissioners often disagree on issues before them and frequently issue6430dissents on matters when they are in the minority. And thanks to the6431for-cause removal protections Congress provided in the FTC Act, these6432expert Commissioners have traditionally been free to vote their6433conscience on matters before the Commission using their independent6434judgment and expertise about whether the FTC laws have been violated6435and should be enforced.64366437    Question 1. Mr. Meador, do you believe that having a bipartisan6438group of Commissioners strengthens the FTC?6439    Answer. The FTC has a strong tradition of consensus-building. If6440confirmed, I look forward to continuing that practice.64416442    Question 2. Do you believe it is important for Commissioners to be6443able to issue dissents--without fear of being removed by the President?6444    Answer. I believe it is important that the Executive Branch be6445accountable to the American people through the President that they6446elect.64476448    Question 3. Do you think a Commissioner should ever be fired for6449issuing a dissent?6450    Answer. I will defer to the President on personnel matters within6451the Executive Branch.64526453    Following the law. In an interview with my staff, you affirmed that6454you knew that the oath you would take as an FTC Commissioner is to6455uphold the Constitution, and that it is not an oath of loyalty to the6456President. However, when Senator Duckworth asked at your nomination6457hearing if you would commit not to carrying out an illegal order by the6458president, you declined three times to make that commitment. That is6459deeply concerning.64606461    Question 4. If the president ordered you to do something illegal,6462would you refuse?6463    Answer. I do not believe that such a situation would actually6464occur, but I would uphold my oath to defend the Constitution.64656466    Question 5. Do you believe the Executive Branch must comply with6467the law?6468    Answer. The FTC must enforce all duly enacted laws that Congress6469gives it to enforce, and must follow all laws to which it is subject.64706471    Question 6. Do you believe the Executive Branch must comply with6472lawful court orders?6473    Answer. Subject to the right to appeal, parties that appear before6474a court of lawful jurisdiction are bound by the decisions of that6475court.64766477    Information Privacy and Confidentiality. The FTC regularly handles6478sensitive information about consumers and confidential business6479information, including information that could be highly valuable to6480competitors and investors, such as merger filings before the mergers6481are made public.64826483    Question 7. Can you commit to keeping information at the FTC6484confidential under the privacy laws governing this information?6485    Answer. I will follow all applicable laws, including the6486confidentiality restrictions applicable to the FTC.64876488    Question 8. Can you confirm that includes keeping information6489confidential where required under the relevant privacy laws from the6490so-called Department of Government Efficiency, Elon Musk, and his6491affiliates, which is especially important given the sensitive6492information the FTC may hold about Musk's competitors?6493    Answer. I will follow all applicable laws, including the6494confidentiality restrictions applicable to the FTC.64956496    Privacy and online safety. Americans are becoming more and more6497reliant on technology, and privacy and data security couldn't be more6498important.64996500    Question 9. Do you believe the FTC has sufficient authority and6501resources to protect American's privacy and online safety?6502    Answer. If confirmed, I will work closely with you and your office6503and with Chairman Ferguson, my fellow commissioners, and FTC staff to6504ensure that we are doing everything we can to protect Americans'6505privacy and online safety.65066507    Question 10. Would you support a comprehensive Federal privacy law6508that gives individuals a privacy right that they can enforce in court?6509    Answer. I defer to Congress on the best way to update the law to6510protect Americans' privacy. If confirmed, I will work closely with you6511and your office and with Chairman Ferguson, my fellow commissioners,6512and FTC staff to ensure that we are doing everything we can to protect6513Americans' privacy and online safety.65146515    Question 11. If no, why not?6516    Answer. See above.65176518    Protecting Renters and Homeowners. The FTC's mission is to protect6519consumers and promote competition. In the housing market, a lack of6520competition and transparency can hurt both renters and buyers. The FTC6521recently took action against a large landlord of single-family homes6522for deceptive and unfair practices including charging hidden fees to6523tenants and withholding security deposits.65246525    Question 13. What additional actions do you believe the FTC should6526be taking to protect competition and prevent unfair and deceptive6527practices in markets for rental housing and home ownership, including6528extending its Junk Fees Rule to long-term rental housing, examining6529private listing networks, policing algorithmic price fixing, and any6530additional actions you believe the FTC should prioritize?6531    Answer. Protecting competition in the housing market to help keep6532housing affordable is of critical importance. While I cannot prejudge6533any matter that may appear before me as a Commissioner, if confirmed I6534will work closely with Chairman Ferguson, my fellow commissioners, and6535FTC staff to ensure that we do everything we can to protect competition6536in this space.65376538    13(b). For 40 years prior to the AMG decision in 2021, if a6539business unlawfully took money from consumers, the FTC could go to6540court with its 13(b) authority and force the business to give it back6541to consumers. From 2016 to 2020, the FTC returned over $33 million to6542consumers in Washington state, benefiting over 220,000 people. And6543that's just one state.6544    At your nomination hearing, you stated that you ``think it's6545incredibly important that the Federal Trade Commission have the ability6546to return money to consumers who have been harmed.''65476548    Question 14. Do you support restoration of the FTC's 13(b)6549authority to order refunds for consumers in consumer protection and6550competition cases?6551    Answer. While I ultimately defer to Congress on how best to enable6552the FTC to obtain monetary redress for consumers, if confirmed I will6553work closely with you and your office and with Chairman Ferguson, my6554fellow commissioners, and FTC staff to provide guidance on this6555question based on the FTC's enforcement experience and expertise.65566557    Question 15. What limits, if any, would you advise Congress to6558place on the FTC's ability to get consumer refunds?6559    Answer. See above.6560                                 ______65616562   Response to Written Questions Submitted by Hon. Amy Klobuchar to6563                              Mark Meador6564    Question 1. It only takes a few seconds of audio to clone a voice6565using artificial intelligence (AI), and criminals can pull the sample6566from public sources like social media. As a result, AI-enabled scams6567are becoming far too common. We need to make sure our consumer6568protection enforcers are prepared to respond to the growing threat of6569voice cloning scams.65706571   If confirmed, what will you do to help combat deceptive6572        practices facilitated by AI technologies?6573    Answer. It is incredibly important that the FTC be vigilant in6574protecting consumers from deceptive practices turbocharged by AI. If6575confirmed, I will work closely with Chairman Ferguson, my fellow6576commissioners, and FTC staff to assess the agency's current enforcement6577tools and resources to ensure that we are doing everything we can to6578protect American consumers.65796580    Question 2. The Federal Trade Commission recently issued a Staff6581Report on artificial intelligence (AI) partnerships and investments by6582large technology companies.65836584   Do you share any of the concerns outlined in the report?65856586   If confirmed, what role do you believe the Federal Trade6587        Commission should play in ensuring markets within the AI6588        technology stack are competitive?65896590   Are there areas related to AI that you believe merit further6591        investigation by the Federal Trade Commission?6592    Answer. It is essential to ensuring America's leadership in AI that6593the FTC do everything it can to protect competition in AI markets,6594whether through merger review or policing anticompetitive conduct.65956596    Question 3. Last September, I wrote to the Federal Trade Commission6597to raise concerns with the Federal Trade Commission that some large6598language models take content from creators without compensation, such6599as local journalists, to create artificial intelligence (AI) systems6600that compete directly with those creators.66016602   Do you agree that using one's content without compensation6603        or permission to create products that compete directly against6604        that content creator could be an unfair method of competition6605        or a deceptive act or practice?6606    Answer. While I cannot prejudge any matter that may appear before6607me as a Commissioner, if confirmed I will work closely with Chairman6608Ferguson, my fellow commissioners, and FTC staff to ensure that the6609agency is doing everything it can to protect consumers and competitors6610from anticompetitive and unfair or deceptive conduct in AI markets.66116612    Question 4. There have been legislative proposals to remove the6613Federal Trade Commission (FTC)'s authority to enforce competition laws6614by moving the Bureau of Competition to the Justice Department, which I6615believe would undermine enforcement efforts.66166617   As a Commissioner, would you oppose any efforts to dismantle6618        the FTC's Bureau of Competition and gut the FTC's authority to6619        root out ``unfair methods of competition'' on behalf of6620        consumers and small businesses?66216622   Do you agree that such a proposal could only be done through6623        legislation and not by Executive Order?6624    Answer. If confirmed, I will defer to Congress and the President6625regarding any proposal to restructure our antitrust enforcement6626efforts.6627                                 ______66286629    Response to Written Questions Submitted by Hon. Brian Schatz to6630                              Mark Meador6631    On February 18, 2025, President Trump announced an Executive Order6632(EO) entitled, ``Ensuring Accountability for All Agencies.'' The EO6633institutes an unprecedented requirement for direct presidential6634oversight over actions and strategic plans by independent agencies,6635including the Federal Trade Commission (FTC).66366637    Question 1. As Commissioner, will you commit to upholding the6638independence of decision making at the FTC?6639    Answer. If confirmed, I will serve the American people by working6640to advance the agenda of the President they elected.66416642    AI-generated scams, impersonations, voice-cloning, and deepfakes6643can lead to financial losses and privacy violations for consumers,6644especially for vulnerable populations such as senior citizens.66456646    Question 2. What do you believe is the role of the FTC in ensuring6647that consumers are protected from AI-generated scams and fraud?6648    The FTC should ensure that it is fully and fairly enforcing its6649existing statutory authorities to protect consumers from all forms of6650fraud.66516652    Question 3. Will you commit to ensuring that the FTC takes adequate6653enforcement actions to protect consumers from AI-generated scams and6654fraud?6655    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6656commissioners, and FTC staff to ensure that the agency is doing6657everything it can to protect American consumers.66586659    In your testimony, you noted the ongoing affordability crisis and6660the importance of the FTC in protecting consumers from predatory6661practices.66626663    Question 4. Will you commit to protecting FTC rules that would6664lower consumer costs and provide improved transparency to consumers6665about unexpected financial charges, such as the ``Click-to-Cancel''6666rule?6667    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6668commissioners, and FTC staff to ensure that the agency is doing6669everything it can to protect American consumers.66706671    The FTC develops public-facing consumer advice, including resources6672about how to best protect kids online.66736674    Question 5. Will you commit to ensuring that the FTC continues to6675develop and, as needed, update resources related to kids' online6676safety?6677    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6678commissioners, and FTC staff to ensure that the agency is doing6679everything it can to protect kids online.6680                                 ______66816682   Response to Written Questions Submitted by Hon. Edward Markey to6683                              Mark Meador6684    Question 1. Over the past years the Federal Trade Commission has6685required companies to delete their algorithms created with improperly6686obtained data. Do you support the Commission using this practice as a6687way to address improper data collection?6688    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6689commissioners, and FTC staff to ensure that all remedies in FTC matters6690are both effective and appropriate.66916692    Question 2. Do you believe that bias and discriminatory artificial6693intelligence is a problem?6694    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6695commissioners, and FTC staff to ensure we are doing everything we can6696to protect American consumers and promote a vibrant and competitive AI6697ecosystem.66986699    Question 3. If confirmed, what is your plan to address biased and6700discriminatory artificial intelligence, especially in critical areas6701such as health care, education, employment, and criminal justice?6702    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6703commissioners, and FTC staff to ensure we are doing everything we can6704to protect American consumers and promote a vibrant and competitive AI6705ecosystem.67066707    Question 4. Do you believe that companies have an obligation to6708test, address, or measure its algorithms before deployment in order to6709determine whether it discriminates or is biased against protected6710characteristics?6711    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6712commissioners, and FTC staff to ensure we are doing everything we can6713to protect American consumers and promote a vibrant and competitive AI6714ecosystem.67156716    Question 5. Do you believe that companies have an obligation to6717monitor its algorithms after deployment in order to determine whether6718it discriminates or is biased against protected characteristics?6719    Answer. While I cannot prejudge any matter that may come before me6720as a Commissioner, if confirmed, I will work with Chairman Ferguson, my6721fellow commissioners, and FTC staff to ensure we are doing everything6722we can to protect American consumers and promote a vibrant and6723competitive AI ecosystem.67246725    Question 6. If confirmed, what is your plan to address companies6726that market and sell AI in a way that is misleading to the public?6727    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6728commissioners, and FTC staff to ensure we are doing everything we can6729to protect American consumers and promote a vibrant and competitive AI6730ecosystem.67316732    Question 7. Do you believe it is within the Commission's6733jurisdiction to investigate and address algorithmic discrimination?6734    Answer. The FTC has the duty to prevent unfair methods of6735competition and prevent unfair or deceptive trade practices, including6736in AI markets.67376738    Question 8. Do you believe that companies that use facial6739recognition technologies have an obligation to consider and mitigate6740risks related to misidentification of individuals, especially related6741to protected characteristics?6742    Answer. While I cannot prejudge any matter that may come before me6743as a Commissioner, if confirmed, I will work with Chairman Ferguson, my6744fellow commissioners, and FTC staff to ensure we are doing everything6745we can to protect American consumers and promote a vibrant and6746competitive AI ecosystem.67476748    Question 9. Do you believe that companies have an obligation to6749test, assess, measure, document, or inquire about the accuracy of its6750facial recognition tools before deployment, including seeking6751information from the vendor the technology was procured?6752    Answer. While I cannot prejudge any matter that may come before me6753as a Commissioner, if confirmed, I will work with Chairman Ferguson, my6754fellow commissioners, and FTC staff to ensure we are doing everything6755we can to protect American consumers and promote a vibrant and6756competitive AI ecosystem.67576758    Question 10. Do you believe that companies have an obligation to6759regularly monitor or test the accuracy of its facial recognition tool6760after its deployment?6761    Answer. While I cannot prejudge any matter that may come before me6762as a Commissioner, if confirmed, I will work with Chairman Ferguson, my6763fellow commissioners, and FTC staff to ensure we are doing everything6764we can to protect American consumers and promote a vibrant and6765competitive AI ecosystem.67666767    Question 11. Do you believe that companies have an obligation to6768adequately train employees tasked with operating facial recognition6769tools around the generation of false positives and bad matches?6770    Answer. While I cannot prejudge any matter that may come before me6771as a Commissioner, if confirmed, I will work with Chairman Ferguson, my6772fellow commissioners, and FTC staff to ensure we are doing everything6773we can to protect American consumers and promote a vibrant and6774competitive AI ecosystem.67756776    Question 12. If confirmed, do you believe you serve the American6777people or President Trump?6778    Answer. If confirmed, I will serve the American people by working6779to advance the agenda of the President they elected.67806781    Question 13. FTC Chairman Andrew Ferguson has indicated that6782independent agency leadership should ``answer to the President,'' and6783the Trump administration has asserted the same in a recent executive6784order. Do you agree?6785    Answer. I believe it is important that the Executive Branch be6786accountable to the American people through the President that they6787elect.67886789    Question 14. Do you believe that FTC commissioners should exercise6790independent judgement or defer to the preferences of the White House?6791    Answer. I believe it is important that the Executive Branch be6792accountable to the American people through the President that they6793elect.67946795    Question 15. FTC Chairman Andrew Ferguson has indicated that he6796will prioritize prosecuting companies who have adopted diversity,6797equity, and inclusion policies. Do you agree with this priority?6798    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6799commissioners, and FTC staff to ensure that the FTC is fully enforcing6800all of its statutory authorities to protect American consumers from any6801harm prohibited by those laws.68026803    Question 16. Chairman Ferguson has said he will prioritize6804investigating and prosecuting companies who choose not to advertise on6805certain platforms. Do you agree with this priority?6806    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6807commissioners, and FTC staff to ensure that the FTC is fully enforcing6808all of its statutory authorities to protect American consumers from any6809harm prohibited by those laws.68106811    Question 17. Chairman Ferguson has pledged to wield the FTC's6812investigative authority to, quote, ``fight back against the trans6813agenda'' and investigate doctors and hospitals who provide treatment to6814transgender patients of all ages. Do you think this is a proper use of6815the FTC's authority?6816    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6817commissioners, and FTC staff to ensure that the FTC is fully enforcing6818all of its statutory authorities to protect American consumers from any6819harm prohibited by those laws.68206821    Question 18. FTC Chairman Andrew Ferguson announced a new policy6822this month that would prohibit FTC political appointees from holding6823leadership roles in the American Bar Association, participating in ABA6824events, or renewing their ABA memberships. Do you agree with this6825policy?6826    Answer. Yes.68276828    Question 19. If confirmed, do you plan on remaining a member of the6829American Bar Association?6830    Answer. No.68316832    Question 20. Modern modes of transportation, especially cars,6833collect, use, and share many types of sensitive information, such as6834location, photos, audio, and video recordings. In many instances, this6835collection and use of this information is not disclosed to the driver6836and passengers of a vehicle.6837    Last year, I called upon the Federal Trade Commission to6838investigate these invasive and deceptive data collection practices. If6839confirmed, will you commit to looking into this issue to protect6840consumer privacy?6841    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6842commissioners, and FTC staff to ensure that the agency is doing6843everything it can to protect Americans' privacy.68446845    Question 21. During the last administration the Commission held6846regular open meetings, which drove public engagement to record levels.6847If confirmed, would you support resuming these open meetings?6848    Answer. I will defer to Chairman Ferguson on scheduling Commission6849meetings.68506851    Question 22. Please describe your plans on how you plan on ensuring6852the Commission is hearing directly and proactively reaching out to6853consumers, workers, business owners, technological experts, impacted6854communities, and other stakeholders?6855    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6856commissioners, and FTC staff to ensure that the agency is hearing from6857all relevant stakeholders as it carries out its statutory obligations.68586859    Question 23. Do you believe it is constitutional to ban children6860and/or teens from social media?6861    Answer. While I cannot prejudge any matter that may come before me6862as a Commissioner, if confirmed, I will work with Chairman Ferguson, my6863fellow commissioners, and FTC staff to ensure we are doing everything6864we can to protect children.68656866    Question 24. Do you believe that a social media platform's6867algorithmic ranking of content constitutes the speech of the platform?6868    Answer. While I cannot prejudge any matter that may come before me6869as a Commissioner, if confirmed, I will work with Chairman Ferguson, my6870fellow commissioners, and FTC staff to ensure we are doing everything6871we can to protect American consumers.68726873    Question 25. Do you believe that a social media platform's content6874moderation decisions constitute the speech of the platform?6875    Answer. While I cannot prejudge any matter that may come before me6876as a Commissioner, if confirmed, I will work with Chairman Ferguson, my6877fellow commissioners, and FTC staff to ensure we are doing everything6878we can to protect American consumers.68796880    Question 26. Do you believe that private communications between6881employees of the Federal government and social media platforms related6882to content moderation decisions or rules and the algorithmic ranking of6883content can violate the rights of the platform's users? If so, please6884describe the circumstances and/or conditions under which those6885communications would be unconstitutional?6886    Answer. While I cannot prejudge any matter that may come before me6887as a Commissioner, if confirmed, I will work with Chairman Ferguson, my6888fellow commissioners, and FTC staff to ensure we are doing everything6889we can to protect American consumers.68906891    Question 27. Do you believe that formal actions by Federal agencies6892to investigate the content moderation decisions or rules or algorithmic6893ranking of content on social media platforms could be unconstitutional?6894If so, please describe the circumstances and/or conditions under which6895those actions would be unconstitutional?6896    Answer. While I cannot prejudge any matter that may come before me6897as a Commissioner, if confirmed, I will work with Chairman Ferguson, my6898fellow commissioners, and FTC staff to ensure we are doing everything6899we can to protect American consumers.69006901    Question 28. Do you believe that the public statements of an FTC6902commissioner around the content moderation decisions or rules or6903algorithmic ranking of content on social media platforms could be6904unconstitutional? If so, please describe the circumstances and/or6905conditions under which those statements would be unconstitutional?6906    Answer. While I cannot prejudge any matter that may come before me6907as a Commissioner, if confirmed, I will work with Chairman Ferguson, my6908fellow commissioners, and FTC staff to ensure we are doing everything6909we can to protect American consumers.69106911    Question 29. What concerns do you have related to the6912financialization of the health care sector?6913    Answer. Having a competitive health care sector is of critical6914importance to all Americans, and is an enforcement priority I have been6915focused on my entire career. While I cannot prejudge any matter that6916may come before me as a Commissioner, if confirmed, I will work with6917Chairman Ferguson, my fellow commissioners, and FTC staff to ensure we6918are doing everything we can to protect competition within the health6919care industry.69206921    Question 30. What steps would you take to regulate private equity6922in the health care sector?6923    Answer. Please see my response to question 29.69246925    Question 31. What additional measures would you take to increase6926transparency in health care ownership provider (nursing homes,6927hospitals, etc.) as it relates to private equity?6928    Answer. Please see my response to question 29.69296930    Question 32. To what extent should private equity firms be held6931responsible for decisions that undermine health care safety, quality,6932and access?6933    Answer. Please see my response to question 29.69346935    Question 33. What reforms do you plan to pursue related to hospital6936consolidation?6937    Answer. Please see my response to question 29.69386939    Question 34. How would you address private equity's health care6940market consolidation through smaller transactions that often evade FTC6941enforcement?6942    Answer. Please see my response to question 29.69436944    Question 35. What plans do you have to address private equity's6945practices that create significant debt or financial distress among the6946entities it purchases (for example, selling hospital or nursing home6947real estate to real estate investment trusts and requiring hospitals6948pay untenable lease payments)?6949    Answer. While I cannot prejudge any matter that may come before me6950as a Commissioner, if confirmed, I will work with Chairman Ferguson, my6951fellow commissioners, and FTC staff to ensure we are doing everything6952we can to protect competition.69536954    Question 36. Will you work with the Department of Justice,6955Department of Treasury, Department of Health and Human Services, and6956the Department of Labor on matters related to the role of private6957equity in health care?6958    Answer. If confirmed, I will work with Chairman Ferguson, my fellow6959commissioners, and FTC staff to coordinate our enforcement efforts with6960all appropriate stakeholders, including any relevant part of the6961Executive Branch.6962                                 ______69636964 Response to Written Questions Submitted by Hon. John Hickenlooper to6965                              Mark Meador6966    Data is a key driver of a 21st century economy. The average6967American household has at least 17 internet-connected devices,6968including TVs, smart assistants, and phones. Each internet-connected6969device uses and relies on data. Today, 20 states (including Colorado)6970have a statewide privacy law. Among these state laws, each has a6971different definition for what counts as ``sensitive data.'' Some6972examples include data that reveal biometrics, religious beliefs, or6973affiliations with various organizations.69746975    Question 1. In order to establish a consistent definition for the6976kinds of data that companies should be expected to protect, what do you6977believe the definition of ``sensitive data'' should include?6978    Answer. The definition of ``sensitive data'' in proposed6979legislation is a policy question best left to Congress, and I will6980defer to the decision reached by Congress on this important matter. If6981confirmed, I look forward to working with you and your staff as well as6982Chairman Ferguson, my fellow commissioners, and FTC staff to provide6983guidance and feedback where helpful.69846985    Question 2. While some consumers may not be aware of the lack of a6986Federal privacy law, most are painfully aware of when their data is6987part of a data breach. As data breaches increase, we must take every6988measure to give consumers control over what businesses do with their6989data.6990    What kinds of transparency rules should data brokers be subject to?6991Should data brokers be required to disclose themselves in a public6992registry?6993    Answer. Protecting Americans' privacy is incredibly important.6994While I cannot prejudge any matter that may come before as a6995Commissioner, if confirmed, I look forward to working with Chairman6996Ferguson, my fellow commissioners, and FTC staff to ensure we are doing6997everything we can to protect American consumers.69986999    Question 3. States are leading legislation and enforcement of data7000privacy protections for consumers, including robust state privacy laws7001in Colorado and Texas. The Texas Attorney General filed a lawsuit7002against a company for collecting data about the location and driving7003habits of its customers without consent, allegedly violating the Texas7004Data Privacy and Security Act. Collecting and selling sensitive7005personal data increases the risk of consumers' data being stolen by a7006cyberattack or used to directly harm an individual.7007    In the absence of a Federal consumer data privacy law, do you7008believe that the FTC currently has the necessary enforcement7009authorities to protect consumers against invasive data collection7010practices involving the unauthorized collection and sale of geolocation7011data?7012    Answer. If confirmed, I look forward to working with Chairman7013Ferguson, my fellow commissioners, and FTC staff to review the FTC's7014current enforcement efforts and ensure that the agency has all the7015tools it needs to adequately protect American consumers.7016                                 ______70177018Response to Written Question Submitted by Hon. Lisa Blunt Rochester to7019                              Mark Meador7020    Question. In 2023, scams targeting seniors caused over $3.4 billion7021in losses. Scams are only getting more frequent and advanced with AI.7022We have many older adults in Delaware. In the House, I worked with7023partners like AARP and passed bipartisan legislation to help ensure we7024are protecting and preparing our seniors. Due to my bill's passage, an7025advisory group was started at the FTC to focus on fighting scams7026against older adults.7027    Will you commit to continuing this work? What are your biggest7028concerns when it comes to fraud and scams against older adults?7029    Answer. Protecting senior citizens is an incredibly important7030mission for the FTC. If confirmed, I will work with Chairman Ferguson,7031my fellow commissioners, and FTC staff to ensure we are doing7032everything we can to protect American consumers.70337034                                  [all]