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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.
Meeting•Senate Commerce, Science, and Transportation•Feb 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.txt1[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]