- NOMINATIONS TO THE DEPARTMENT OF TRANSPORTATION, THE DEPARTMENT OF COMMERCE, THE FEDERAL TRADE COMMISSION, AND THE FEDERAL MARITIME COMMISSION

[Senate Hearing 111-519]
[From the U.S. Government Publishing Office]

S. Hrg. 111-519

NOMINATIONS TO THE
DEPARTMENT OF TRANSPORTATION,
THE DEPARTMENT OF COMMERCE,
THE FEDERAL TRADE COMMISSION, AND
THE FEDERAL MARITIME COMMISSION

=======================================================================

HEARING

before the

COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE

ONE HUNDRED ELEVENTH CONGRESS

FIRST SESSION

__________

DECEMBER 15, 2009

__________

Printed for the use of the Committee on Commerce, Science, and
Transportation

----------
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Washington, DC 20402-0001

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED ELEVENTH CONGRESS

FIRST SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas,
JOHN F. KERRY, Massachusetts Ranking
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JOHN ENSIGN, Nevada
BILL NELSON, Florida JIM DeMINT, South Carolina
MARIA CANTWELL, Washington JOHN THUNE, South Dakota
FRANK R. LAUTENBERG, New Jersey ROGER F. WICKER, Mississippi
MARK PRYOR, Arkansas GEORGE S. LeMIEUX, Florida
CLAIRE McCASKILL, Missouri JOHNNY ISAKSON, Georgia
AMY KLOBUCHAR, Minnesota DAVID VITTER, Louisiana
TOM UDALL, New Mexico SAM BROWNBACK, Kansas
MARK WARNER, Virginia MIKE JOHANNS, Nebraska
MARK BEGICH, Alaska
Ellen L. Doneski, Staff Director
James Reid, Deputy Staff Director
Bruce H. Andrews, General Counsel
Ann Begeman, Acting Republican Staff Director
Brian M. Hendricks, Republican General Counsel
Nick Rossi, Republican Chief Counsel

C O N T E N T S

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Page
Hearing held on December 15, 2009................................ 1
Statement of Senator Rockefeller................................. 1
Prepared statement........................................... 1
Prepared statement of Hon. Barbara Boxer, U.S. Senator from
California, submitted by Hon. John D. Rockefeller IV....... 72
Statement of Senator Hutchison................................... 2
Prepared statement........................................... 8
Statement of Senator Inouye...................................... 5
Prepared statement........................................... 7
Statement of Senator Pryor....................................... 63
Statement of Senator Begich...................................... 64
Statement of Senator LeMieux..................................... 66
Statement of Senator Thune....................................... 68
Prepared statement........................................... 69

Witnesses

Hon. Patrick Leahy, U.S. Senator from Vermont.................... 2
Prepared statement........................................... 3
Prepared statement of Hon. Debbie Stabenow, U.S. Senator from
Michigan, submitted by Hon. Patrick Leahy.................. 5
Julie Brill, Commissioner-Designate, Federal Trade Commission.... 9
Prepared statement........................................... 10
Biographical information..................................... 11
Edith Ramirez, Commissioner-Designate, Federal Trade Commission.. 25
Prepared statement........................................... 26
Biographical information..................................... 27
David Strickland, Administrator-Designate, National Highway
Traffic Safety Administration, U.S. Department of
Transportation................................................. 31
Prepared statement........................................... 33
Biographical information..................................... 34
Nicole Yvette Lamb-Hale, Assistant Secretary-Designate of
Commerce for Manufacturing and Services, U.S. Department of
Commerce....................................................... 40
Prepared statement........................................... 42
Biographical information..................................... 43
Michael A. Khouri, Commissioner-Designate, Federal Maritime
Commission..................................................... 52
Prepared statement........................................... 53
Biographical information..................................... 55

Appendix

Letter, dated December 9, 2009, from Alan Korn, Executive
Director--Safe Kids USA to Hon. John D. Rockefeller IV......... 77
Response to written questions submitted to Nicole Lamb-Hale by:
Hon. Tom Udall............................................... 77
Hon. Olympia J. Snowe........................................ 78
Hon. Sam Brownback........................................... 79
Response to written question submitted to Michael A. Khouri by:
Hon. Frank R. Lautenberg..................................... 80
Hon. Mark Begich............................................. 80
Response to written questions submitted to Julie Brill by:
Hon. Bill Nelson............................................. 80
Hon. Frank R. Lautenberg..................................... 81
Hon. Tom Udall............................................... 82
Hon. Mark Begich............................................. 83
Response to written questions submitted to David Strickland by:
Hon. Daniel K. Inouye........................................ 83
Hon. Bill Nelson............................................. 84
Hon. Frank R. Lautenberg..................................... 84
Hon. David Vitter............................................ 85
Response to written questions to Edith Ramirez submitted by:
Hon. Bill Nelson............................................. 85
Hon. Frank R. Lautenberg..................................... 86
Hon. Tom Udall............................................... 86
Hon. Mark Begich............................................. 87

NOMINATIONS TO THE
DEPARTMENT OF TRANSPORTATION,
THE DEPARTMENT OF COMMERCE,
THE FEDERAL TRADE COMMISSION, AND
THE FEDERAL MARITIME COMMISSION

----------

TUESDAY, DECEMBER 15, 2009

U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 3:50 p.m. in room
SR-253, Russell Senate Office Building, Hon. John D.
Rockefeller IV, Chairman of the Committee, presiding.

OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV,
U.S. SENATOR FROM WEST VIRGINIA

The Chairman. This hearing is now open, due to my prompt
arrival.
I'm going to put my statement in the record, and want to
proceed to Senator Leahy, but first the Ranking Member, Senator
Kay Bailey Hutchison from Texas, may have some words to say.
[The prepared statement of Senator Rockefeller follows:]

Prepared Statement of Hon. John D. Rockefeller IV,
U.S. Senator from West Virginia
I want to welcome and congratulate our nominees. I appreciate your
commitment to public service and look forward to seeing you all
confirmed shortly so you can get to work.
We will start today with Julie Brill, the President's nominee to be
a Commissioner of the Federal Trade Commission, who has spent her
career in state Attorneys General offices advocating on behalf of
consumers.
My hope is that Ms. Brill will help the FTC work more closely with
state Attorney General divisions to leverage and increase enforcement
against those who target consumers, especially the most vulnerable. Ms.
Brill's experience fighting in the trenches will serve her well.
Also nominated to be Commissioner of the FTC is Edith Ramirez, who
brings extensive experience in complex business litigation. I
appreciate her critical eye for mergers and business combinations which
may potentially harm consumers.
And now we turn to one of our very own: David Strickland--nominated
to be the next Administrator of the National Highway Traffic Safety
Administration.
Most of the members of this committee not only know Mr. Strickland,
they consider him a trusted advisor and friend.
During 8 years as a Senior Counsel for consumer and auto safety
issues, Mr. Strickland has served three Chairmen, including me.
David's booming voice and infectious laugh complement a sharp
intellect, meticulous preparation, and the ability to build consensus
on complex issues.
David's expertise on automobile issues helped the Senate write the
bill that raised gas mileage standards for the first time in 30 years.
He helped write the Landmark Safety Bill in 2005 requiring electronic
stability control and other safety features in all cars in coming model
years.
In 2004, Mothers Against Drunk Driving named Mr. Strickland its
``Congressional Staffer of the Year'' for his efforts to reduce drunk
driving.
Now, he will take his safety expertise to a new venue, but continue
his work to prevent injuries and save lives on our Nation's highways.
Mr. Strickland is the right person for this job. And, as part of
the job, I think he will enjoy being interrogated at the witness table
during future hearings. I know I will enjoy it.
Next, we have Nicole Lamb-Hale, who has been nominated to be the
Assistant Secretary for Manufacturing and Services at the Department of
Commerce.
The current state of our economy requires our businesses to make
the world their market. We look forward to Ms. Lamb-Hale stepping up to
invigorate companies and help produce new American jobs.
We also welcome Michael Khouri, nominee to be Administrator of the
Federal Maritime Commission, which we need to promote fair and open
shipping practices in international commerce.
Thank you again to our nominees for your testimony today and your
continued public service. I look forward to your speedy confirmation.

STATEMENT OF HON. KAY BAILEY HUTCHISON,
U.S. SENATOR FROM TEXAS

Senator Hutchison. Well, I was just going to observe that
you did not get nearly the reception that your former staffer,
David Strickland, got when he entered the room.
[Laughter.]
Senator Hutchison. So, you'd better be very careful, Mr.
Chairman.
[Laughter.]
The Chairman. Well, I didn't bring--one reason for that, I
didn't bring my whole family with me.
[Laughter.]
Senator Hutchison. He got a standing ovation, the whole
room.
So, go forward.
The Chairman. Senator Leahy, please.

STATEMENT OF HON. PATRICK J. LEAHY,
U.S. SENATOR FROM VERMONT

Senator Leahy. Well, thank you, Mr. Chairman. I should note
that several people have said the former staffer is much better
looking, but, of course, I would not say that.
[Laughter.]
Senator Leahy. I would only repeat what everybody's been
saying.
But, Chairman and Senator Hutchison and Senator Inouye and
other members of the Committee, I'm really privileged to be
here to introduce Julie Brill, and the historic interest in
consumer protection of this committee is well served by this
nomination.
President Obama selected her after considering her work as
the Senior Deputy Attorney General at the Consumer Protection
Division of North Carolina Department of Justice, but I've
known Julie for 20 years of work as an Assistant Attorney
General in Vermont. She's the pride of Randolph, Vermont, a
beautiful little town, not far from where I was born, where she
continues to reside.
And, Senator Hutchison, I should also note that you have a
claim to her, since she was born in Houston, Texas. We try to
cover everything we can.
[Laughter.]
Senator Leahy. Her background and credentials are
impeccable. After graduating from Princeton, she earned her law
degree at New York University. She served as a law clerk to one
of our most distinguished Vermont Federal judges, Honorable
Franklin Billings. She was recruited to work at the well-known
New York law firm of Paul, Weiss, Rifkind, Wharton & Garrison
before she returned to Vermont and to public service. She was
the Vermont Assistant Attorney General in the Civil Division,
representing the people of Vermont and our State agencies. She
was promoted to be General Counsel of the Vermont Department of
Bank and Insurance and Securities before returning to the
Attorney General's office to work for another 17 years in
behalf of consumers.
She worked, initially, with Attorney General Jeff Amestoy,
then went on to become our Chief Justice, and then, for a dozen
years, with a highly respected current Attorney General, Bill
Sorrell, a man who had originally been Chittenden County
State's Attorney, a office that is often steppingstone to the
U.S. Senate, or at least has been.
She made time to serve as a--that's an inside joke, Mr.
Chairman.
The Chairman. Yes, I----
[Laughter.]
The Chairman.--right?
Senator Leahy. She also made time to serve as an Adjunct
Professor at Columbia Law School. She's won numerous awards.
And when you consider her work in agriculture, tobacco, food,
and pharmaceuticals, you see that this is somebody you should
be very proud of.
I will put my full statement in the record, but she is here
with her husband and Randolph; is best known as a proud mother
of two teenage boys; a far better tennis player than I'll ever
be. I know that State Attorneys General are so pleased with
this. I think she's going to contribute significantly to the
work of the Commission and Chairman Leibowitz's active agenda.
So, I come here to thank her, thank Mark, thank the family
for having her do this.
And, Mr. Chairman, I rarely ever appear before this
committee. I think the last time, it was 15 or 20 years ago.
But, I do, with a sense of pride. I've made a special exception
to be here, with a sense of pride--my respect for you and for
the other members of the Committee is well known--and offer a
wonderful, wonderful person for this position.
[The prepared statement of Senator Leahy follows:]

Prepared Statement of Hon. Patrick Leahy, U.S. Senator from Vermont
Chairman Rockefeller, Senator Hutchison, and members of the
Committee, I am privileged to be before you today to introduce Julie
Brill. Your historic interest in consumer protection is well served by
this nomination.
President Obama selected Julie after considering her work as the
Senior Deputy Attorney General of the Consumer Protection Division of
the North Carolina Department of Justice. I have known Julie for her 20
years of work as an Assistant Attorney General in Vermont. She is the
pride of Randolph, Vermont, where she continues to reside. Senator
Hutchison, I should also note that you have a claim to her since she
was born in Houston.
Her background and credentials are impeccable. After graduating
from Princeton University, she earned her law degree at New York
University.
She served as the law clerk to one of our most distinguished
Vermont Federal judges, the Honorable Franklin Billings. She was
recruited to work at the well-known New York law firm of Paul, Weiss,
Rifkind, Wharton and Garrison, which she did for a year, before
returning to Vermont and to public service.
She served as a Vermont Assistant Attorney General in the Civil
Division representing the people of Vermont and our state agencies. She
was promoted to be General Counsel of the Vermont Department of
Banking, Insurance and Securities for a time before returning to the
Attorney General's Office to work for another 17 years on behalf of
consumers.
She worked initially with Attorney General Jeff Amestoy, who went
on to become Vermont's Chief Justice, and for a dozen years with our
highly-respected current Attorney General Bill Sorrell.
She also made time to serve as an Adjunct Professor at Columbia Law
School and as part of that school's Social Justice Initiatives Program.
She has won numerous awards, and spoken and written extensively.
When you consider her work on agriculture, tobacco, food, and
pharmaceuticals, you will see that this is someone in whom the
Committee can have confidence to protect consumers and to get the job
done. I especially appreciate the work she accomplished when she served
as Co-Chair of the National Association of Attorneys General Privacy
Working Group, and her interest in identity theft.
With all these accomplishments, Julie is best known in Randolph as
the proud mother of two teenage boys--and for her tennis.
I thank her for her willingness to serve. Both the Federal Trade
Commission (FTC) and consumers will benefit greatly from her
confirmation and appointment.
I know that State Attorneys General are elated with this nomination
and the prospect of someone with a perspective from State government
serving on the FTC.
Those who work on consumer protection issues across the country
know that Julie Brill will contribute significantly to the work of the
Commission and to Chairman Leibowitz's active agenda. Her expertise,
intelligence and passion will make a difference for all Americans.
I come today to congratulate Julie on her nomination and to thank
Mark and their family for their willingness to share this gifted woman
with us through her continued public service. I commend her nomination
to the Committee, urge its swift consideration, and that it be
favorably reported to the Senate.

The Chairman. Well, thank you, Senator Leahy. That's a very
nice thing to say. But, Senator Inouye, myself, and others are
wondering why have you stayed away so long?
[Laughter.]
Senator Leahy. Nobody invited me.
[Laughter.]
The Chairman. That was true with the White House recently,
too.
[Laughter.]
Senator Leahy. Of course, I do get there more, probably,
than necessary.
[Laughter.]
Senator Leahy. Another inside joke. I'll explain it later
on.
The Chairman. Yes----
[Laughter.]
Senator Leahy. But, I have been tied up with another
committee in a different building.
The Chairman. Judiciary, something like that?
Senator Leahy. No, Appropriations.
[Laughter.]
The Chairman. Oh.
Senator Leahy. Senator Inouye keeps me very busy.
The Chairman. I see. That's the one with all the money,
right?
[Laughter.]
Senator Leahy. That's right. West--that's the one that was
considered an adjunct of West Virginia for a while.
[Laughter.]
Senator Leahy. Now it's moot.
[Laughter.]
Senator Leahy. Now, it has found the weather of Hawaii to
be much better, and it has moved closer to Hawaii.
[Laughter.]
Senator Leahy. That's another inside joke, which I'll
explain later on.
[Laughter.]
The Chairman. Senator Leahy, thank you very, very much.
Senator Leahy. Thank you for sharing.
The Chairman. And now, I ask unanimous consent that Senator
Stabenow's statement be included, as if read.
[The prepared statement of Senator Stabenow follows:]

Prepared Statement of Hon. Debbie Stabenow, U.S. Senator from Michigan
Introduction of Ms. Nicole Lamb-Hale
Mr. Chairman, it is a great pleasure to introduce Ms. Lamb-Hale, a
real leader from my state of Michigan, who is President Obama's nominee
to be Assistant Secretary of Manufacturing and Services at the
Department of Commerce.
Ms. Lamb-Hale is currently the Deputy General Counsel of the
Department of Commerce. In this role, she assists the General Counsel,
who is the chief legal officer for the Department and legal advisor to
the Secretary, Secretarial Officers and other officers of the
Department. Prior to joining the Obama Administration, she was the
Managing Partner of the Detroit office of the law firm of Foley &
Lardner LLP, where she specialized in business restructuring in the
manufacturing sector.
Ms. Lamb-Hale has been active in civic and community affairs
throughout her career. She served as Vice-Chair of the Board of
Directors of the Michigan Land Bank Fast Track Authority, by
appointment of Michigan Governor Granholm, and as a member of the Board
of Trustees of Leadership Detroit. Ms. Lamb-Hale has been a frequent
lecturer on restructuring matters with a particular emphasis in recent
years on the automotive industry. She was named a ``Super Lawyer'' for
three successive years and one of ``Metro Detroit's Most Influential
Women'' by a leading business publication. Ms. Lamb-Hale received her
B.A. with high honors from the University of Michigan and her J.D. from
Harvard.
Ms. Lamb-Hale will have a unique opportunity to help our
manufacturers. With nearly one-quarter of all manufacturing workers in
Michigan depending on exports for their jobs, I've spoken to Ms. Lamb-
Hale about the importance of letting small businesses know that they
can get help exporting. In fact, she was just in Detroit last week
moderating a panel on Federal programs that assist exporters. But more
needs to be done, and I am glad Ms. Lamb-Hale shares my commitment to
helping our small businesses.
I am confident that having lived and worked in Michigan, Ms. Lamb-
Hale will effectively bring together her real-life experiences and the
resources at Commerce to lead the reemergence of a strong manufacturing
sector in this country. I look forward to working with her and
continuing my efforts with the Administration on implementing a 21st
century manufacturing strategy. Mr. Chairman, thank you again for the
opportunity to introduce Ms. Lamb-Hale.

The Chairman. And then I would like to call on Senator Dan
Inouye to introduce the nominee who seems to have many family
members here.

STATEMENT OF HON. DANIEL K. INOUYE,
U.S. SENATOR FROM HAWAII

Senator Inouye. Mr. Strickland? Mr. Strickland?
Mr. Chairman and members, it's a great honor to be here in
support of President Barack Obama's nomination, David Lorenzo
Strickland--Did you know his middle name was Lorenzo?
[Laughter.]
Senator Inouye.--to serve as Administrator of NHTSA,
National Highway Traffic Safety Administration. He's a good
man, he's a successful man, and all of that is because of his
family and friends.
And, with your permission, Mr. Chairman, may I ask half the
audience to stand up, because----
[Laughter.]
The Chairman. Any half, or just----
Senator Inouye. No, the family there.
[Laughter.]
The Chairman. Oh.
Mr. Strickland. You want them to stand?
Senator Inouye. Oh, yes.
[Laughter.]
[Applause.]
Senator Inouye. If I were smart, I would stop my statement
right now.
[Laughter.]
Senator Inouye. Mr. Chairman, as I indicated, Mr.
Strickland is a bright, talented professional who will greatly
benefit the Obama Administration and the public, and will bring
strength and credibility to that agency.
As we all know, David Strickland--Lorenzo, if I may call
you that now----
[Laughter.]
Senator Inouye.--served on this committee. He was a very
important member of this committee. And supported by him, the
Commerce Committee pursued a very aggressive, pro-consumer
agenda and accomplished the passage, with bipartisan support,
of several monumental bills to promote the safety of the
American public.
During the 110th Congress, David Strickland had a hand in
at least seven Senate Commerce Committee measures that became
law, and key among these were the first reauthorization of the
Consumer Protection Safety Commission in 18 years--we had to
wait for David to come along----
[Laughter.]
Senator Inouye.--the first mandated increase in the
Passenger Car Fuel Economy--that's the CAFE bill; for the first
time in 30 years. If it weren't for David, we'd still be
waiting.
He's a proven expert in a broad range of issues handled by
NHTSA. During the consideration of the Highway Bill
Authorization in 2005, I had the privilege of working with
then-Chairman Ted Stevens to develop the reauthorization of
that agency, and I was lucky, because I had a staff member
helping me--David Lorenzo Strickland. The Committee's work was
hailed by many as the most comprehensive initiative in
automotive safety in years. And, David Strickland, advised me
on the proposal and was my lead staff negotiator during the
conference.
His work on vehicle safety, as well as the programs to
lower drunk driving rates and increase primary seatbelt usage,
underscore his leadership, knowledge, and skill. And during the
2008 Corporate Average Fuel Economy, the so-called CAFE debate,
David worked closely with every constituency involved and
provided expert advice to me and to all the members of this
committee.
As NHTSA moves forward with implementing the new fuel
economy standards, I believe David Strickland is particularly
well-suited to oversee the agency's work in this area. His
expertise is well respected both on the Capitol and by safety
advocates. And he has a long list of people who are endorsing
him, and they don't usually endorse nominees: Mothers Against
Drunk Driving--you know, they don't endorse every candidate
here; Safe Kids; the Governors Highway Safety Association; the
Criminal Justice and Highway Safety Coalition. All of these
groups have endorsed David Lorenzo Strickland.
NHTSA, Mr. Chairman, needs a leader who understands issues
related to vehicle safety and fuel economy, listens to all
constituencies, and makes sound public policy decisions that
will improve the safety of every member of the driving public.
David Strickland has the knowledge, the ability to lead this
agency, and will do an exceptional job, should he be confirmed
for this position.
And I wish to express my personal appreciation to David
Lorenzo for his commitment to public service to our Nation, and
our Nation will benefit greatly from his continued service.
Mr. Chairman and members, I wholeheartedly support David
Lorenzo Strickland's nomination and respectfully urge that this
committee and the full Senate expeditiously confirm his
nomination.
And I think you're going to be nominated, and you will be--
--
Mr. Strickland. Thank you, Senator.
Senator Inouye.--approved, sir.
[Laughter.]
Mr. Strickland. Thank you, sir.
Senator Inouye. Can we vote on him now?
[Laughter.]
Senator Inouye. No? Oh, OK.
[Laughter.]
Senator Inouye. David, I tried.
[The prepared statement of Senator Inouye follows:]

Prepared Statement of Hon. Daniel K. Inouye, U.S. Senator from Hawaii
It is a great honor to be here today in support of President Barack
Obama's nomination of David Lorenzo Strickland to serve as the
Administrator of the National Highway Traffic Safety Administration
(NHTSA). David is a bright, talented professional who will greatly
benefit the Obama Administration and the American public, and will
bring strength and credibility to this agency.
David served on the Senate Committee on Commerce, Science and
Transportation as my Senior Counsel for the Consumer Affairs
Subcommittee for the 109th and the 110th Congresses. Supported by
David's efforts, the Commerce Committee pursued a very aggressive pro-
consumer agenda and accomplished the passage, with bipartisan support,
of monumental legislation to promote the safety of the American public.
During the 110th Congress alone, David had a hand in at least seven
Commerce Committee measures that became law. Key among these were the
first reauthorization of the Consumer Protection Safety Commission in
18 years, and the first mandated increase in passenger car fuel economy
in more than 30 years.
David is a proven expert on the broad range of issues handled by
NHTSA. During consideration of the Highway Bill Reauthorization in
2005, I worked with then-Chairman Ted Stevens to develop the
reauthorization of the agency. In particular, I was responsible for
drafting the vehicle safety regulations section that included mandating
electronic stability control in every passenger vehicle. The
Committee's work was hailed by many as the most comprehensive
initiative on automotive safety in years. David advised me on this
proposal and was my lead staff negotiator during the conference. His
work on vehicle safety, as well as the programs to lower drunk driving
rates and increase primary seat belt usage, underscore his leadership,
knowledge, and skills.
During the 2008 Corporate Average Fuel Economy (CAFE) debate, David
worked closely with every constituency involved and provided expert
advice to me and to other Senate and House members, including Senators
Feinstein and Pryor, and Speaker Pelosi, who were passionately involved
in this landmark legislation. As NHTSA moves forward with implementing
the new fuel economy standards, I believe David is particularly well
suited to oversee the agency's work in this area.
David's expertise is well respected both on Capitol Hill and by
safety advocates, including Mothers Against Drunk Driving, SAFEKIDS,
the Governors Highway Safety Association, and the Criminal Justice and
Highway Safety Coalition, all of whom have endorsed his nomination.
NHTSA needs a leader who understands issues related to vehicle
safety and fuel economy, listens to all constituencies, and makes sound
public policy decisions that will improve the safety of every member of
the driving public. David has the knowledge and the ability to lead
this agency, and will do an exceptional job should he be confirmed for
the position.
I wish to express my personal appreciation to David for his
commitment to public service. Our nation will benefit greatly from his
continued service. I wholeheartedly support David's nomination and
respectfully urge this committee and the full Senate to expeditiously
confirm his nomination.

[Laughter.]
Mr. Strickland. Thank you, sir.
The Chairman. Would all the panelists please come forward?
Senator Hutchison. Mr. Chairman, while they're coming
forward, may I submit my opening statement for the record?
The Chairman. Of course.
Senator Hutchison. Thank you.
[The prepared statement of Senator Hutchison follows:]

Prepared Statement of Hon. Kay Bailey Hutchison, U.S. Senator from
Texas
Thank you, Mr. Chairman, for holding today's hearing. We will
consider a number of nominees chosen to fill a variety of important
positions.
I want to join the Chairman in recognizing one of his Committee
staffers, David Strickland. David has worked on highway safety and
consumer affairs issues for 8 years and he has made many important
contributions to legislation that has passed through this committee.
His policy focus on NHTSA and automotive safety will serve him well in
his new position.
I also would like to welcome the nominees for the Federal Trade
Commission (FTC), Ms. Julie Simone Brill and Ms. Edith Ramirez. The FTC
has immense jurisdiction, covering both consumer protection and
antitrust issues in a broad range of industries.
We have focused a large amount of attention recently on the actions
of the FTC, especially as they relate to consumer protection during the
financial crisis. It is very important that we fill the Commissioner
vacancies to enable the agency to do its job most effectively on behalf
of the American consumers.
This committee will likely consider an FTC reauthorization bill in
the months ahead. I have significant concerns regarding what is
expected to be an effort to considerably expand the authority of the
agency. I am very interested to hear the nominees' views on this
matter.
I also would like to welcome Ms. Nicole Lamb-Hale, who has been
nominated to be Assistant Secretary for Manufacturing and Services at
the Department of Commerce. This position plays an important role in
ensuring that U.S. industry remains strong and globally competitive,
which is crucial to our economy. I look forward to hearing her ideas
for the organization.
And finally, I am happy to welcome Mr. Michael Khouri, who is the
Republican nominee to the Federal Maritime Commission (FMC). Safe and
efficient maritime commerce is vital to the U.S. economy. Port and
maritime activity accounts for over 13 million jobs, generating $649
billion in personal income.
The Port of Houston, in my home state of Texas, is one of the
busiest ports in the world and ranks first in the United States in
foreign waterborne tonnage.
The FMC has the important task of ensuring the stability and
security of maritime commerce and I look forward to hearing the
nominee's priorities for the Commission.
I thank all of our nominees for their willingness to serve and look
forward to hearing from them.

The Chairman. Ms. Brill, we'll start with you.
All be welcome, please.

STATEMENT OF JULIE BRILL, COMMISSIONER-DESIGNATE, FEDERAL TRADE
COMMISSION

Ms. Brill. Thank you.
Chairman Rockefeller, Ranking Member Hutchison, Senator
Inouye, Committee members, thank you so much for inviting me
here and for considering my nomination to the Federal Trade
Commission.
I am joined here today by several members of my family whom
I'd like to introduce, if I may: my husband, Mark Miller; my
sons, Zachary and Noah; my sister, Mimi Brill; my brother-in-
law, David Rountree; and my two nieces, Grace and Isobel.
I'd like to thank so many of the Committee members and your
staffs for taking time recently to meet with me. I'd also like
to thank each of the current Commissioners, and particularly
the Chairman, for their support.
I have spent the past 20 years enforcing the law on behalf
of consumers, first in Vermont, and more recently in North
Carolina. I have been privileged to work with two outstanding
Attorneys General: Vermont Attorney General Bill Sorrell and
North Carolina Attorney General Roy Cooper. If confirmed, I
hope to bring to the Commission what they have taught me:
passion for aggressively protecting consumers, humility and
grace in exercising authority, and the need to carefully
balance the interests and concerns of businesses, consumers,
and other stakeholders in legislative, regulatory, and law
enforcement initiatives.
During our meetings, several of you asked what my top
priority as a Commissioner would be. The FTC works on a broad
range of issues facing consumers, such as data security,
privacy, spyware, energy, and competition in the healthcare and
pharmaceutical industries. I have worked on these critical
areas throughout my career and will continue to do so at the
Commission. If confirmed, my top priority will be focusing on
economic scams that have been so pernicious to consumers during
the economic crisis.
As you well know, while the financial picture on Wall
Street is improving, Main Street continues to suffer. Coupled
with high unemployment rates, the economic crisis creates an
atmosphere where consumers are particularly vulnerable to
unscrupulous business practices that falsely promise to help.
Simply put, these consumers have a target on their back.
The FTC has been cracking down on those who hunt for easy
prey. We can build on this work and focus on the dramatic rise
in scams designed to take advantage of consumers' economic
insecurity. At the same time, we must continue our efforts to
educate consumers so they can better protect themselves by
making responsible choices.
The FTC is the Nation's premier consumer protection agency.
The State AGs are the FTC's longstanding partners in law
enforcement. I hope to assist in building upon the bonds that
already exist between these two preeminent law enforcement
communities.
I feel truly honored and privileged that you are
considering my nomination for the position of Commissioner of
the FTC. If I am fortunate to be confirmed, I will be proud to
serve and work to protect the Nation's consumers.
Thank you.
[The prepared statement and biographical information of Ms.
Brill follows:]

Prepared Statement of Julie Brill, Commissioner-Designate,
Federal Trade Commission
Chairman Rockefeller, Ranking Member Hutchison, Committee members:
thank you so much for inviting me here and for considering my
nomination to the Federal Trade Commission.
I am joined here today by several members of my family, whom I'd
like to introduce: My husband, Mark Miller; my sons, Zachary and Noah;
my sister, Mimi Brill; my brother-in-law, David Rountree; and my two
nieces, Grace and Isobel.
I'd like to thank so many of the Committee members and your staffs
for taking time recently to meet with me. I enjoyed our discussions and
have already learned much, especially your thoughts about the
appropriate goals and direction of the Federal Trade Commission.
I'd also like to thank each of the current Commissioners and
particularly the Chairman for their support.
I have spent the past 20 years enforcing the law on behalf of
consumers, first in Vermont and more recently in North Carolina. I have
been privileged to work with two outstanding Attorneys General--Vermont
Attorney General Bill Sorrell and North Carolina Attorney General Roy
Cooper. If confirmed, I will bring to the Commission what they have
taught me: passion for aggressively protecting consumers, humility and
grace in exercising authority, and the need to carefully balancing the
interests and concerns of businesses, consumers, and other stakeholders
in legislative, regulatory and law enforcement initiatives.
During our meetings, several of you asked what my top priority as a
Commissioner would be. The FTC works on a broad range of issues facing
consumers, such as data security, privacy, spyware, energy, and
competition in the health care and pharmaceutical industry. I have
worked on these critical areas throughout my career, and will continue
to do so at the Commission. If confirmed, my top priority will be
focusing on economic scams that have been so pernicious to consumers
during the economic crisis. These are issues like ``get rich quick''
scams, foreclosure ``rescue'' and ``assistance'' scams, bogus
government grant schemes, debt settlement scams, credit repair scams,
and unscrupulous debt collection practices.
As you well know, while the financial picture on Wall Street is
improving, Main Street continues to suffer. The Mortgage Bankers
Association reports that currently more than 14 percent, or 1 in 7
homes, are either in foreclosure or the homeowner has missed at least
one mortgage payment. These trends are the worst in the nearly 40 years
the MBA has been tracking them. And the downtrend continues: another
industry group calculates that nearly 23 percent of all residential
mortgages are in a negative equity, or ``underwater''.
Coupled with high unemployment rates, the economic crisis creates
an atmosphere where consumers are vulnerable. Consumers who find
themselves with mortgages they cannot afford, with homes that are being
foreclosed upon, without jobs, or with involuntarily reduced hours at
work--are all particularly vulnerable to unscrupulous business
practices that falsely promise to help. Simply put, these consumers
have a target on their backs.
The FTC has been cracking down on those who hunt for easy prey. We
can build on this work, and focus on the dramatic rise in scams
designed to take advantage of consumers' economic insecurity. At the
same time, we must continue our efforts to educate consumers so they
can better protect themselves by making responsible choices.
The FTC is the Nation's premier consumer protection agency. The
State AGs are the FTC's longstanding partners in law enforcement. With
my extensive experience with State Attorneys General, I can help build
upon the bonds that already exist between these two preeminent law
enforcement communities.
I feel truly honored and privileged that you are considering my
nomination for the position of Commissioner of the FTC. If I am
fortunate to be confirmed, I will be proud to serve and work to protect
the Nation's consumers.
______

a. biographical information
1. Name (Include any former names or nicknames used): Julie Simone
Brill.
2. Position to which nominated: Commissioner of the Federal Trade
Commission.
3. Date of Nomination: November 17, 2009.
4. Address (List current place of residence and office addresses):

Residences: Information not released to the public.

Office: Consumer Protection Division, North Carolina Department
of Justice, 114 W. Edenton Street, Raleigh, NC 27602.

5. Date and Place of Birth: March 12, 1959; Houston, Texas.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).

Spouse: Mark E. Miller, Director, Marketing and Business
Development, DuBois & King, 28 North Main Street, Randolph, VT
05060; children: Zachary Miles Miller, age 16; Noah Davis
Miller, age 14.

7. List all college and graduate degrees. Provide year and school
attended.

B.A. degree: 1981, Princeton University.

J.D. degree: 1985, New York University School of Law.

8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
A. Senior Deputy Attorney General and Chief, Consumer Protection
and Antitrust Division, North Carolina Department of Justice--Raleigh,
NC, Feb. 2009-Present.
As one of the North Carolina Attorney General's top appointees, I
work with the Department of Justice Executive Team to develop and
execute the North Carolina Department of Justice's litigation,
legislative and regulatory strategies for all consumer protection,
antitrust and utilities matters.
The following management level work I perform in this position
directly relates to the position of Commissioner of the Federal Trade
Commission:

Developing the strategic plan for a 60-person division that
is one of the most highly regarded consumer protection and
antitrust State Attorney General divisions in the Nation.

Managing a multi-million dollar budget and large staff.

Managing a division of a state agency through a state-wide
financial crisis.

Crafting and executing the division's legislative agenda,
including working with a vast array of stakeholders and
legislators. Legislative issues include efforts to assist
consumers during the current economic crisis through
improvements in foreclosure procedures, debt collection, and
debt buying laws. Other legislative efforts involve securities
transactions oversight, identity theft, security freezes,
credit reporting, and telecommunications issues.

Creating the strategic plan for law enforcement efforts of
the division, including marshalling resources and supervising
investigations involving financial fraud, predatory lending,
telemarketing fraud, business closures, security breaches,
false advertising, gasoline price gouging, and utility rate
filings involving rate increases and consumption reduction
incentives.

Along with a few other top consumer protection state law
enforcers, crafting the states' strategic plan for multistate
investigations in a wide range of areas, including
pharmaceuticals, financial fraud, and privacy.

Assisting in formulating multistate legislative and
regulatory policy positions on a wide range of consumer
protection issues.

Participating in high-level discussions with Federal
officials to articulate the states' position on wide variety of
issues, including preemption, financial regulation, and
privacy.

B. Adjunct Professor, Columbia Law School--New York, NY, September
2008-Present.

I co-teach a course entitled ``State Attorneys General''.

I am a core member of the National State Attorneys General
Program, part of Columbia Law School's Social Justice
Initiatives Program.

The following non-management level work I perform in this position
directly relates to the position of Commissioner of the Federal Trade
Commission:

I have a deep understanding of the law enforcement efforts
and policy concerns of State Attorneys General, including the
challenges they face in consumer protection and antitrust
enforcement.

C. Assistant Attorney General and Director, Antitrust Vermont
Attorney General's Office--Montpelier, VT, October 1991-Feb 2009.
For 17 years I developed and executed Vermont's litigation,
legislative and regulatory strategies in a wide variety of areas
affecting consumers and businesses, including privacy, credit
reporting, financial services, tobacco, solid waste, agriculture, food,
drugs, and other health related industries.
The following management and non-management level work I performed
in this position directly relates to the position of Commissioner of
the Federal Trade Commission:

serving as chair, co-chair and/or member of the states'
executive committees in major consumer protection
pharmaceutical litigation;

crafting innovative resolutions for state litigation,
including a groundbreaking $28 million counter-advertising
program;

developing creative state legislative responses to
pharmaceutical issues;

defending the same creative state laws in the face of
industry court challenge; and

organizing national pharmaceutical conferences sponsored
by the National Association of Attorneys General and the
National State Attorneys General Program of Columbia Law
School.

Serving as co-chair of the National Association of Attorneys
General Privacy Working Group. Efforts included:

setting the strategic direction for State Attorneys
General offices on privacy and identity theft issues;

developing state positions concerning privacy and identity
theft issues to present to Congress and Federal regulators;

crafting creative state legislative solutions to privacy
issues, including security breach, security freeze, and
Social Security Number protection legislation; and

coordinating state multi-state litigation efforts,
including serving on States' Executive Committees in the
ChoicePoint and TJ Maxx security breach investigations.

Managing Vermont's litigation and legislative efforts
against the tobacco industry, which consisted of:

creatively crafting the state's two major lawsuits against
the industry;

working with various state agencies and local public
health organizations on both litigation and policy issues
related to tobacco;

shepherding unique tobacco-related bills through the
Vermont legislature;

effectuating Vermont's participation in the Master
Settlement Agreement; and

serving as co-lead litigator in an innovative multistate
lawsuit against RJ Reynolds Company over its claims for new
``reduced risk'' cigarette products, culminating in a five-
week trial in October 2008 and January 2009 in Burlington,
Vermont.

Directing Vermont's antitrust efforts, including major
litigation efforts involving the state's largest vertically
integrated solid waste company, and the Nation's largest dairy
processors.

D. General Counsel , Vermont Department of Banking, Insurance and
Securities--Montpelier, VT, July 1990-October 1991.
I counseled the Vermont state agency primarily responsible for
regulation of the financial industry, and supervised the Department's
litigation and enforcement actions.
The following management and non-management level work I performed
in this position relates to the position of Commissioner of the Federal
Trade Commission:

Gaining a solid background in the law and regulations
relating to banking, securities and insurance.

Experiencing first-hand the complex relationships between
financial regulators and the financial industry.

E. Assistant Attorney General, Civil Law Division Vermont Attorney
General's Office--Montpelier, VT, June 1988-July 1990.
I served as legal counsel to several state agencies, providing
advice on issues concerning economic development, housing, employment
discrimination and community planning.
The following non-management level work I performed in this
position relates to the position of Commissioner of the Federal Trade
Commission:

Serving as lead counsel in an antitrust action involving the
state's two largest supermarket chains, and successfully
negotiating another chain's entrance into the Vermont market to
alleviate effects of the merger.

F. Litigation Associate, Paul, Weiss, Rifkind, Wharton and
Garrison--New York, NY, January 1987-June 1988.
As an associate in the firm's litigation department, I provided
legal advice and representation concerning a broad variety of business
matters, including representation in a RICO matter, oil and gas
development disputes, a Fortune 400 Family divorce, and general
corporate litigation.
The following non-management level work I performed in this
position relates to the position of Commissioner of the Federal Trade
Commission:

Gaining a good understanding of the issues and concerns
affecting large corporations and small businesses, as well as
individual clients, in the face of government regulation,
enforcement actions and other legal problems.

G. Federal Judicial Law Clerk, U.S. District Court for the District
of Vermont Chambers of Hon. Franklin S. Billings, Jr.--Rutland, VT,
October 1985-October 1986.
I served a one-year appointment as judicial law clerk to a Federal
district court judge in Vermont.
The following non-management level work I performed in this
position relates to the position of Commissioner of the Federal Trade
Commission:

Observing and participating in the Federal trial
deliberative judicial process.

H. Summer Associate, Paul, Weiss, Rifkind, Wharton & Garrison--New
York, NY, June 1985-July 1985.

I. Summer Associate, Strook & Strook & Lavan--New York, NY, June
1983-August 1983.

J. Law Clerk and Research Assistant, Eisner & Levy--New York, NY,
October 1982-June 1983.

K. Law clerk and Research Assistant,Service Employees International
Union, Local 925--Boston, MA, June 1982-August 1982.
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.

A. Vice-Chair, American Bar Association Antitrust Section,
Consumer Protection Committee: 2004-Present.

B. Chair, Princeton Alumni Schools Committee, Vermont section,
2003-2009.

A. American Bar Association, Antitrust Section: Vice-Chair,
2004 to present. No restrictions on membership based on sex,
race, color, religion, national origin, age, or handicap.

B. Princeton Alumni Schools Committee: Chair, Vermont section,
2003-2009. No restrictions on membership based on sex, race,
color, religion, national origin, age, or handicap.

C. Vermont Bar Association: Chair, Womens' Section,
approximately 1996-2001. No restrictions on membership based on
sex, race, color, religion, national origin, age, or handicap.

D. Vermont Leadership Institute, Snelling Center for Government
at University of Vermont: Associate, 1998-1999. No restrictions
on membership based on sex, race, color, religion, national
origin, age, or handicap.

E. Vermont State Democratic party: member, 1988 to present. No
restrictions on membership based on sex, race, color, religion,
national origin, age, or handicap.

A. Senior Deputy Attorney General and Chief, Consumer
Protection and Antitrust Division, North Carolina Department of
Justice Raleigh, NC, Feb. 2009 to present.

B. Assistant Attorney General and Director, Antitrust, Vermont
Attorney General's Office, Montpelier, VT, October 1991 to Feb.
2009.

No, I have never run a campaign, and I do not have any outstanding
debt associated with any public office.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
I have never made a political contribution of $500 or more.
In 2002, I volunteered for the Vermont gubernatorial campaign of
then-Vermont Lieutenant Governor Doug Racine.
From time to time over the past 10 years I have assisted the Orange
County (VT) and Vermont State Democratic Party through volunteer
activities to assist local candidates for office.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.

A. National Association of Attorneys General Privacy
Subcommittee Award, 2001, for role in creating proposed NAAG
privacy principles.

B. Privacy International's Brandeis Award, 2001, for work at
state and Federal levels on privacy issues.

C. Vermont Leadership Institute, Snelling Center for Government
at University of Vermont, 1998-1999.

D. National Association of Attorneys General Marvin Award,
1995, for demonstrated leadership, expertise and achievement in
advancing the goals of the National Association of Attorneys
General.

E. New York University School of Law Root Tilden Scholarship,
1981-1985: three year full scholarship to law school for
demonstrated commitment to public service.

F. New York University School of Law Sol D. Kapelson Prize,
1985, for highest excellence in legal writing in labor law.

G. Princeton University, economics degree awarded magna cum
laude, 1981.

16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.

Publications List

Brill and Lobb, State Attorneys General and Pharmaceuticals:
Writing a New Prescription to Curtail Drug Costs, National
State Attorneys General Program, Columbia Law School (2007).

Brill and Asay, Addressing the Costs and Benefits of
Prescription Drugs, National Association of Attorneys General
(2005).

Brill, ``State Fair Credit Reporting laws: The Case for Dual
Regulation'', Consumer Protection Update, American Bar
Association (2003).

Brill, ``Fair Credit Reporting Act Preemption: Why We Don't
Need It'', Electronic Banking Law and Commerce Report, Glasser
LegalWorks (2003).

Amestoy and Brill, ``State Constitutions from the Attorney
General's Perspective: An Institutional Schizophrenia,''
Emerging Issues in State Constitutional Law, National
Association of Attorneys General (1988).

Assessing Reforms in South Korea, Asia Watch (1988).

A Stern, Steady Crackdown: Legal Process and Human Rights in
South Korea, Asia Watch (1987).

Op-ed column: ``Press South Korea on Labor Abuses,'' New York
Times (Jan. 12, 1987).

Article: ``Guatemalan Refugees: Will Mexico's `Welcome'
Last?,'' The Nation (May 19, 1984).

Presentations List

American Bar Association Consumer Protection Seminar, ``Privacy
in the Age of Facebook'', Washington, D.C., June 18, 2009.

American Bar Association Antitrust Section Spring Meeting,
``Patrolling Advertising Frontiers: State Attorney General
Highlights'', Washington, D.C., March 25, 2009.

Harvard Privacy Symposium, ``State Attorneys General Privacy
Legislation and Enforcement Actions'', Cambridge, MA, August
21, 2008.

American Bar Association Antitrust Section Spring Meeting,
``Falsity Developments in Consumer Protection Litigation'',
Washington, D.C., March 26, 2008.

American Law Institute/American Bar Association Advanced Course
of Study: Privacy Law, ``Data Breach and Crisis Management'',
Washington, D.C., March 13, 2008.

Harvard Privacy Symposium, ``Role of States in Privacy
Policy'', Cambridge, MA, August 23, 2007.

Dartmouth Medical School Dept of Family and Community Medicine,
Dartmouth Institute for Health Policy and Clinical Practice,
Pharmaceuticals Health and Health Economics guest lecturer,
Hanover, NH, May 18, 2007.

Columbia Law School National State Attorneys General Program,
Pharmaceutical Conference, ``Marketing to Doctors--Payments to
Gain Loyalty'', New York, NY, May 11, 2007.

American Bar Association Antitrust Section Spring Meeting,
``Developments in Deception'', Washington, D.C., April 19,
2007.

Columbia Law School National State Attorneys General Program,
State Attorneys General Consumer Protection and Antitrust
Leadership conference, ``The Art of Public Litigation'', New
York, NY, March 1, 2007.

American Bar Association Section of Antitrust Law Consumer
Protection Conference, ``Fraud, Deception & Unfairness:
Enforcers' Theories of Liability'', Washington, D.C., January
30, 2007.

American Bar Association Business Law Section Annual Meeting,
``You Had a Security Breach'', Honolulu, HI, August 7, 2006.

Conference of Western Attorneys General ID Theft Summit, ``Best
Practices Showcase'', Park City, UT, April 10, 2006.

American Bar Association Annual Meeting, ``Information Security
and Dealing with Security Breaches'', Chicago, IL, October 25,
2005.

American Bar Association Annual Meeting, ``Information Security
and Dealing with Security Breaches,'' Chicago, IL, August 6,
2005.

American Bar Association Section on Antitrust Law's Consumer
Protection and Computer and Internet Committees Teleseminar,
``Data Leaks and Identity Theft: Best Practices in Protecting
against Security Breaches Post-ChoicePoint and LexisNexis'',
July 6, 2005.

Practicing Law Institute 10th Annual Consumer Financial
Services Litigation Institute ``Federal Preemption
Developments'', New York, NY, March 1, 2005.

National Association of Attorneys General Presidential
Initiative Pharmaceutical Summit, ``Pharmaceutical State Best
Practices'' and ``Litigation Roundtable'', Chicago, IL, January
25-26, 2005.

National Association of Attorneys General Consumer Protection
Seminar, ``State Attorney General Pharmaceutical Cases: Views
from State Attorneys General, Industry and Advocates'',
Chicago, IL, September 20, 2004.

American Bar Association Consumer Protection Committee
Teleseminar, ``State Attorneys General Pharmaceutical Cases'',
July 27, 2004.

Columbia Law School National State Attorneys General Program,
``The Newest federalism: State Attorneys General in Cases of
National Significance'', New York, NY, December 5, 2003.

International Association of Privacy Officers, ``FCRA: Where
Are We Now?'', Chicago, IL, October 30, 2003.

American Bar Association Antitrust Section Meeting Spring
Meeting, ``Advertising Law Update'', Washington, D.C., April 3,
2003.

American Enterprise Institute-Brookings Joint Center for
Regulatory Studies, Financial Privacy Symposium participant,
Washington, D.C., January 8, 2003.

International Association of Privacy Officers, ``State
Enforcement'', Chicago, IL, October 2002.

National Academy of Public Administration, ``Personal Privacy
in the Digital Age: The Challenge to State and Local
Governments'', Roanoke, VA, May 20, 2002.

American Bar Association Antitrust Section Spring Meeting,
``Advertising Law Update'', Washington, D.C., April 24, 2002.

Vermont Bar Association, ``Is the Gaze on You? Current Issues
in Privacy'', Burlington, VT, January 25, 2002.

Harvard Law School Public Interest Law symposium, ``Public
Interest Law Careers'', Cambridge, MA, November 28, 2001.

National Academy of Public Administration, ``Personal Privacy
in the Digital Age: The Challenge to State and Local
Governments'', Roanoke, VA, October 29, 2001.

Federal Reserve Board, ``State Perspectives on Financial
Privacy'', Boston, MA, February 20, 2001.

Vermont Attorney General Financial Privacy Conference, ``State
Attorney Generals and Financial Privacy'', Burlington, VT,
January 8, 2001.

National Association of Attorneys General Consumer Protection
Seminar ``Internet Privacy Developments'' and ``State
Legislative Developments'', Denver, CO, November 24, 2000.

Vermont Bar Association, ``Digital & Electronic Signatures: The
Future of E-Commerce and Consumer Protection'', Burlington, VT,
Sept. 8, 2000.

U.S. Senate Forum on Technology and Innovation, ``Financial
Records Privacy'', Washington, D.C., May 24, 2000.

Consumer Federation of America Annual Consumer Assembly,
``Privacy Issues'', Washington, D.C., March 17, 2000.

In addition to the above presentations, over the past 15 years, I
have made presentations at conferences attended by pharmaceutical
industry management and outside counsel to explain state pharmaceutical
disclosure laws and state pharmaceutical enforcement efforts.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
Congressional Testimony:

U.S. Senate, Committee on Banking, Housing and Urban Affairs,
June 26, 2003, hearing on ``Affiliate Sharing and the Fair
Credit Reporting Act''.

18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have devoted my career to developing legislative, litigation and
policy solutions to consumer protection and antitrust issues affecting
consumers and competition at the state and national level.
Through my leadership roles within the State Attorney General
community, I have developed sophisticated approaches to consumer
protection and antitrust law enforcement efforts, including marshalling
law enforcement officials' scarce resources to achieve our goals.
I have broad experience in working with Congress, Congressional
staff, state legislators, and state legislative staff to craft
legislative solutions to consumer protection and antitrust issues that
are currently facing the Federal Trade Commission, and that the FTC
will address in the future.
I have broad experience developing regulatory solutions to consumer
protection and antitrust problems, and working with Federal and state
agencies to develop such regulatory solutions. I have written many
consumer protection and antitrust regulations myself.
I have intimate knowledge of the enforcement priorities, focus and
challenges facing state law enforcement officials, who are critical
partners of the Federal Trade Commission in the joint mission to
protect consumers and competition.
I have wide experience in working with a great variety of
stakeholders on legislative and regulatory issues, including working
closely with both business and consumer groups.
I have experience managing a large consumer protection division,
including management of the division through a budget crisis.
Greater detail about how my background and employment experience
affirmatively qualifies me for appointment as Commissioner is contained
in my response to Question A8, above.
I would like to become a Commissioner of the Federal Trade
Commission because this position would allow me to engage in antitrust
and consumer protection policy work at the highest level. The FTC is
the Nation's premier consumer protection and antitrust agency. Serving
as Commissioner would allow me to extend and expand the work I've
performed throughout my career, and would allow me to play an integral
part in addressing the problems facing consumers and competition
throughout the Nation in this current period of economic downturn, and
in the years to come. Serving as part of the leadership team for the
Federal Trade Commission, and having the opportunity to establish the
policy direction for this wonderful agency, would be among the highest
honors that the President and Congress could bestow upon me.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
If confirmed, my responsibilities as Commissioner would be to
ensure that the FTC has proper management and accounting controls would
include ensuring that the agency has established appropriate metrics
for measuring the true outcomes of its efforts to protect consumers and
competition. As Commissioner I would establish procedures to measure
the actual outcome of the remedies fashioned by the Commission to
determine whether the remedies chosen actually brought about the
anticipated outcomes.
In addition to ensuring that the FTC has developed appropriate
metrics for measuring its efforts and outcomes in protecting consumers
and competition, it would be my responsibility, if confirmed as
Commissioner, to assess whether the agency has appropriate staffing
levels to fulfill its increasingly important and complex mission in
protecting competition and consumers. If confirmed, I would like to
examine historic staffing levels, attorney case loads, and consumer
complaint trends, among other metrics, to determine whether current
staffing levels are appropriate to meet the FTC's critical missions.
As noted above, I currently manage and set strategic goals for a
large and diverse consumer protection and antitrust division, with
disparate missions and subject areas, and a variety of professional
staff. Although the scale of the Federal Trade Commission's mission is
much larger--both in terms of its staff size and geographic reach--my
experience in managing and establishing policy for a large public
division with a variety of different, yet complementary missions, would
prove invaluable in my role as part of the leadership team for the FTC.
My staff of 60+ employees in the North Carolina Department of
Justice consists of attorneys, investigators, paralegals,
administrative support staff, and consumer protection outreach
specialists. The division is responsible for enforcing the state's
consumer protection and antitrust laws, and developing legislative
proposals and regulatory policies in these areas. In addition, the
division is charged with representing the interests of consumers in
utilities matters. In my role as Senior Deputy Attorney General and
chief of this division, I manage a multi-million dollar budget.
I managed a much smaller governmental unit in the Vermont Attorney
General's office, but again the subject matter included both consumer
protection and antitrust, the same different yet complementary missions
that Congress has given the FTC.
Throughout my career I have managed complex single state and multi-
state litigation and investigations that employed teams of attorneys,
economists, other experts, and support staff.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
The top three challenges facing the Federal Trade Commission are as
follows:

A. Addressing consumer protection issues that result from the
current economic crisis. Consumers now find themselves facing
greater hardships than at any time in the past 20 years. Many
consumers face the loss of their home, either as a result of
predatory lending practices that have placed them in unsuitable
and unsustainable mortgages, or as a result of losing their job
and simply being unable to pay their mortgage. The Nation's
economic crisis creates an atmosphere conducive to further
abuses of consumers. Consumers who find themselves without
jobs, with involuntarily reduced hours at work, with canceled
credit cards, with mortgages they cannot pay, or with homes
that are being foreclosed upon, are all particularly vulnerable
to unscrupulous business practices that promise to alleviate
their hardship. The Nation is seeing a dramatic rise in scams
designed to take advantage of consumers' economic insecurity,
including employment and ``get rich quick'' scams, foreclosure
``rescue'' and ``assistance'' schemes, bogus government grant
schemes, debt settlement scams, credit repair scams, and
unscrupulous debt collection practices.

The Federal Trade Commission must address the current economic
crisis on behalf of consumers. The most important task is to
rout out those who engaged in predatory lending in the recent
past, and to provide much needed restitution to victims of
these practices. The Federal Trade Commission also must provide
relief to consumers who are being victimized by individuals and
businesses that seek to take unfair advantage of the hardship
they are facing through other economic scams. The FTC should
increase its enforcement efforts and sharpen its regulation of
such unscrupulous business practices.

B. Improving competition in the pharmaceutical market by
regulating ``pay for delay'', or ``reverse payment''
arrangements between pharmaceutical manufacturers. The Nation
spends about $235 billion per year on pharmaceuticals. Generic
entry into the market serves as an important competitive check
on pharmaceutical prices. Congress has encouraged generic entry
through the Hatch Waxman Act. But Congress's efforts to
encourage generic entry and thereby keep drug prices down has
been undermined by the growing practice of branded drug
manufacturers providing payments to their potential generic
competitors to not produce and market the generic, through so-
called ``pay for delay'' or ``reverse payment'' agreements. The
Federal Trade Commission has taken a leadership role in
bringing these practices to light, in prosecuting anti-
competitive agreements where appropriate, and in asking
Congress to further address these issues.

In order to promote competition and maintain downward pressure
on prices in this critical sector of the economy, the FTC must
continue to take a leadership role in ensuring that branded
pharmaceutical manufacturers are not able to improperly keep
their generic competition out of the market through
inappropriate ``pay for delay'' agreements.

C. Providing appropriate consumer protections in the area of
online behavioral and social marketing. In the past year,
consumers purchased about $300 billion of goods and services
online, making the web-based marketplace a critically important
sector of the Nation's economy. Consumers who visit websites
and purchase products online provide a vast amount of
information to marketers and advertisers about their finances,
health and general online behavior. Recently, web-based
marketers and advertising agencies have developed increasingly
sophisticated tools to target their marketing at consumers
based upon this wealth of personal information. Consumers are
largely unaware of these practices.

In a similar vein, consumers have indicated that their
purchasing decisions are heavily influenced by testimonials,
blogs and other forms of so-called ``social marketing'' on the
web, which consumers believe are created by ordinary consumers
like themselves. Consumers are unaware that sometimes companies
generate and pay for these seemingly independent testimonial
and blog postings.

The Federal Trade Commission has recently issued a key report
on behavioral marketing, recognizing the value of industry
self-regulation in this arena in the first instance. The report
describes principles that should govern the collection, use,
sale and disposal of behavioral information about consumers.
The FTC has engaged in enforcement actions where companies
failed to provide appropriate disclosures to consumers about
the collection and use of such personal information. Online
marketers and advertisers have responded positively to the
FTC's report by proposing self-regulation of behavioral
marketing that incorporates many of the specific
recommendations of the FTC.

The FTC and State Attorneys General also have cracked down on
phony web-based testimonials and other forms of deceptive
social marketing.

In order to protect consumers and the robust and innovative
web-based market, the FTC should continue to address these
critical areas of online commerce. With respect to behavioral
marketing, the FTC should closely monitor the practices of
online advertisers and marketers to determine whether self-
regulation of behavioral advertising provides adequate
protection to consumers.

b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
Pursuant to North Carolina law, upon my resignation from the North
Carolina Department of Justice I will receive a payout of my
contributions to the North Carolina pension fund. The payout will not
include interest because I will have held the position with North
Carolina state government for less than 5 years.
I hold retirement accounts (IRA, 457 and 401(k) accounts) in the
following mutual funds:

PIMCO Real Return Class D

Fidelity Mortgage Securities

PIMCO Total Return

American Balanced R4

LD Abbett Small Cap Value A

Fidelity Equity Income

Fidelity Law Price Stock

Fidelity Diversified International

Fidelity Dividend Growth

Fidelity Freedom Fund 2020

Spartan U.S. Equity Index Fund

T. Rowe Price Small-Cap Stock Fund

Vanguard Mid-Cap Index-Institutional

American Funds Growth Fund R5

Vanguard Institutional Index Fund

Dodge and Cox Balanced Fund

State of Vermont Stable Value Fund

More information about those mutual funds and other retirement
accounts in which I hold more than $10,000 worth of assets is included
in my response to Q. E1, below.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Federal Trade Commission's
designated agency ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of the ethics agreement that I have entered
into with the Commission's designated agency ethics official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Federal Trade Commission's
designated agency ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of the ethics agreement that I have entered
into with the Commission's designated agency ethics official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
I have never been a registered lobbyist. I have held two positions
within State Attorneys General offices within the past 10 years: Senior
Deputy Attorney General and Chief of Consumer Protection and Antitrust
for the State of North Carolina; and Assistant Attorney General for the
State of Vermont. In both capacities, I have been called upon numerous
times by state legislatures to provide testimony regarding a wide array
of pending state consumer protection and antitrust legislation and
other matters of interest to state legislators. These issues include:

foreclosure procedures

debt collection and debt buying

securities transactions

identity theft

security freezes

protection of Social Security Numbers

credit reporting

data mining restrictions

below-cost pricing

indirect purchaser recovery

pharmaceutical manufacturer payment disclosures

Medicaid recovery for tobacco-related payments and

the state's tobacco Master Settlement Agreement.

In these positions I have also been called upon by Congress to
testify on two occasions. See my response to questions A.8 and 17,
above.
In addition, I have been called upon by Congressional staffers to
provide opinions and advice on a number of pending Federal consumer
protection and antitrust legislation and other matters of interest to
Congress.
My positions with the State of North Carolina and the State of
Vermont center on the administration and execution of law and public
policy relating to consumer protection and antitrust issues.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
Any potential conflicts of interest will be resolved in accordance
with the terms of the ethics agreement that I have entered into with
the Commission's designated agency ethics official and that has been
provided to this Committee.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain: No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees?
If confirmed as a Federal Trade Commissioner, I would work
diligently with the Chairman and my fellow Commissioners to do so.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures?
If confirmed as a Federal Trade Commissioner, I would work
diligently with the Chairman and my fellow Commissioners to do so.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______

resume of julie simone brill
Education
New York University School of Law, New York, NY, J.D. June 1985.

Root-Tilden Scholarship: 3 years' full scholarship for
demonstrated commitment to public service.

Sol D. Kapelson Prize: highest excellence in legal writing in
Labor Law.

Princeton University, Princeton, NJ, B.A. Economics magna cum laude
June 1981.

Senior Thesis advisor: Joseph Stiglitz.
Experience
North Carolina Department of Justice, Raleigh, NC, Feb 2009-
Present--Senior Deputy Attorney General and Chief, Consumer Protection
and Antitrust Division.

As one of the Attorney General's top appointees, I work with the
Attorney General's executive team to develop and execute the Department
of Justice's litigation, legislative and regulatory strategies for all
consumer protection, antitrust and utilities matters. Specific
accomplishments include:

Developing the strategic plan for a 60-person division that
is one of the most highly regarded consumer protection and
antitrust divisions in the Nation.

Along with a handful of consumer protection thought leaders
in other states, crafting the states' strategic plan for
multistate investigations in a wide range of areas, including
pharmaceuticals, financial fraud, and privacy.

Formulating multistate policy positions on preemption,
financial regulation and privacy, and participating in high-
level discussions with Federal officials to articulate the
states' positions.

Managing a multi-million dollar budget and large staff
through a statewide financial crisis.

Columbia Law School, New York, NY, Sept 2008-Present--Adjunct
Faculty.

I co-teach the course ``State Attorneys General'' at Columbia Law
School. I am also a core member of the National State Attorney General
Program, part of Columbia Law School's Social Justice Initiatives
Program. I have spearheaded the National State Attorney General
Program's pharmaceutical initiative.

Vermont Attorney General's Office, Montpelier, VT, Oct. 1991-Feb.
2009--Assistant Attorney General and Director, Antitrust.

For 17 years, I developed and executed Vermont's litigation,
legislative and regulatory strategies in a wide variety of areas
affecting consumers and businesses, including privacy, credit
reporting, financial services, tobacco, solid waste, dairy, food,
drugs, and other health-related industries. Specific accomplishments
include:

Serving as part of a small core group of State Assistant
Attorneys General around the Nation that established strategic
plans for consumer protection pharmaceutical litigation and
legislative efforts by the State Attorneys General. Efforts
included serving as chair, co-chair and/or member of states'
executive committees in major consumer protection
pharmaceutical litigation; crafting innovative resolutions for
state litigation, including groundbreaking $28 million counter-
advertising program; developing creative state legislative
responses to pharmaceutical issues; and defending the same
creative state laws in the face of industry court challenge.

Organizing national pharmaceutical conferences sponsored by
the National Association of Attorneys General and the National
State Attorneys General Program of Columbia Law School.

Serving as Chair of the National Association of Attorneys
General Privacy Working Group. Efforts included setting
strategic direction for State Attorneys General Offices on
privacy and identity theft issues; developing state positions
concerning privacy and identity theft issues before Congress
and Federal regulators; crafting creative state legislative
solutions to privacy issues, including multistate security
breach, security freeze, and Social Security Number protection
legislation; and coordinating state multistate litigation
efforts, including serving on States' Executive Committees in
the ChoicePoint and TJ Maxx security breach investigations.

Managing Vermont's litigation and legislative efforts
against the tobacco industry, which consisted of creatively
crafting the state's two major lawsuits against the industry;
working with various state agencies and local public health
organizations on both litigation and policy issues related to
tobacco; shepherding unique tobacco-related bills through the
Vermont legislature; and effectuating Vermont's participation
in the Master Settlement Agreement. More recently I served as
co-lead litigator.

Directing Vermont's antitrust efforts, including major
litigation efforts involving the state's largest vertically
integrated solid waste company, and the Nation's largest dairy
processors.

Vermont Department of Banking, Insurance and Securities,
Montpelier, VT, July 1990-Oct. 1991--General Counsel.

I counseled the Vermont agency primarily responsible for regulation
of the financial services industry on various legal issues, and
supervised the Department's litigation and enforcement actions.

Vermont Attorney General's Office, Montpelier, VT, June 1988-July
1990--Assistant Attorney General, Civil Law Division.

I served as legal counsel to numerous state agencies, providing
advice on issues concerning economic development, housing, employment
discrimination and community planning. Served as lead counsel in
antitrust action involving the state's two largest supermarket chains,
and successfully negotiated Price Chopper's entrance into the Vermont
market to alleviate effects of the merger. Investigated and prosecuted
criminal cases against haulers of out-of-state trash into Vermont.

Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, Jan. 1987-
June 1988--Litigation Associate.

Paul Weiss is one of the Nation's premier law firms. As an
associate in the firm's litigation department, I provided legal advice
and representation concerning a broad variety of business matters,
including representation in RICO matters, oil and gas development
disputes, a Fortune 400 Family divorce and general corporate
litigation. My clients ranged from individuals to large corporations. I
also participated actively in the firm's pro bono program.

Hon. Franklin S. Billings, Jr., U.S. Dis. Ct., Rutland, VT, Oct.
1985-Oct. 1986--Federal Judicial Law Clerk.
Honors
National Association of Attorneys General Privacy Subcommittee
Award in 2001, for role in creating proposed NAAG privacy
principles.

Privacy International's 2001 Brandeis award for work at state
and Federal levels on privacy issues.

National Association of Attorneys General Marvin Award 1995,
for demonstrated outstanding leadership, expertise and
achievement in advancing the goals of the National Association
of Attorneys General.
Activities and Affiliations
American Bar Association Antitrust Section Consumer Protection
Committee--Vice Chair, 2004 to present.

Princeton Alumni Schools Committee--Chair, Vermont Committee,
2003-2009.

Vermont Leadership Institute, Snelling Center for Government at
University of Vermont--Associate, 1998-1999.

Vermont Bar Association Women's Section--Chair, Women's
Section, 1996-2001.

Human Rights Watch, New York, NY and Washington, D.C.--Member,
Board of Directors of Asia Watch, 1988-1997. Conducted fact-
finding missions to South Korea in July-August 1988 and
November-December 1986.

Researcher, Americas Watch, 1983-1984. Conducted fact-finding
missions to Guatemalan refugee camps in Mexico.

Vermont Board of Bar Examiners--Member, 1990-1994.
Publications
Brill and Lobb, State Attorneys General and Pharmaceuticals:
Writing a New Prescription to Curtail Drug Costs, National
State Attorneys General Program, Columbia Law School (2007).

Brill and Asay, Addressing the Costs and Benefits of
Prescription Drugs, National Association of Attorneys General
(2005).

Brill, ``State Fair Credit Reporting laws: The Case for Dual
Regulation'', Consumer Protection Update, American Bar
Association (2003).

Brill, ``Fair Credit Reporting Act Preemption: Why We Don't
Need It'', Electronic Banking Law and Commerce Report, Glasser
LegalWorks (2003).

Assessing Reforms in South Korea, Asia Watch (1988).

A Stern, Steady Crackdown: Legal Process and Human Rights in
South Korea, Asia Watch (1987).

Articles appearing in The New York Times and The Nation.
Congressional Testimony
U.S. Senate Banking, Housing and Urban Affairs Committee, June
26, 2003, hearing on ``Affiliate Sharing and the Fair Credit
Reporting Act''.

U.S. House of Representatives, Committee on Financial Services,
Subcommittee on Financial Institutions and Consumer Credit,
June 4, 2003 hearing on ``Fair Credit Reporting Act: How it
Functions for Consumers and the Economy''.
Presentations (Selected)
American Bar Association Consumer Protection Seminar, ``Privacy
in the Age of Facebook'', Washington, D.C., June 18, 2009.