[Senate Hearing 117-714]
[From the U.S. Government Publishing Office]










                                                        S. Hrg. 117-714

                       NOMINATION TO THE NATIONAL
                 AERONAUTICS AND SPACE ADMINISTRATION,
                      FEDERAL TRADE COMMISSION AND
                      U.S. DEPARTMENT OF COMMERCE

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

                                HEARING

                               before the

                         COMMITTEE ON COMMERCE,
                      SCIENCE, AND TRANSPORTATION
                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION

                               __________

                             APRIL 21, 2021

                               __________

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








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       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION

                   MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota             ROGER WICKER, Mississippi, Ranking
RICHARD BLUMENTHAL, Connecticut      JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii                 ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts         TED CRUZ, Texas
GARY PETERS, Michigan                DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin             JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois            DAN SULLIVAN, Alaska
JON TESTER, Montana                  MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona              TODD YOUNG, Indiana
JACKY ROSEN, Nevada                  MIKE LEE, Utah
BEN RAY LUJAN, New Mexico            RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado          SHELLEY MOORE CAPITO, West 
RAPHAEL WARNOCK, Georgia                 Virginia
                                     RICK SCOTT, Florida
                                     CYNTHIA LUMMIS, Wyoming
                    David Strickland, Staff Director
                 Melissa Porter, Deputy Staff Director
       George Greenwell, Policy Coordinator and Security Manager
                 John Keast, Republican Staff Director
            Crystal Tully, Republican Deputy Staff Director
                      Steven Wall, General Counsel 
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                      
                            C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on April 21, 2021...................................     1
Statement of Senator Cantwell....................................     1
Statement of Senator Wicker......................................     4
Statement of Senator Klobuchar...................................     7
Statement of Senator Blumenthal..................................     9
Statement of Senator Thune.......................................    53
Statement of Senator Fischer.....................................    56
Statement of Senator Tester......................................    58
Statement of Senator Moran.......................................    60
Statement of Senator Hickenlooper................................    61
Statement of Senator Blackburn...................................    63
Statement of Senator Markey......................................    64
Statement of Senator Scott.......................................    66
Statement of Senator Sullivan....................................    67
Statement of Senator Lummis......................................    69
Statement of Senator Lee.........................................    70
Statement of Senator Peters......................................    72
Statement of Senator Cruz........................................    74
Statement of Senator Rosen.......................................    75

                               Witnesses

Hon. Marco Rubio, U.S. Senator from Florida......................     5
Hon. Kay Bailey Hutchison, former U.S. Senator from Texas........     6
Hon. Penny Pritzker, former Secretary, U.S. Department of 
  Commerce.......................................................     9
Hon. Bill Nelson, Nominee to be Administrator, National 
  Aeronautics and Space Administration...........................    11
    Prepared statement...........................................    12
    Biographical information.....................................    15
Lina M. Khan, Nominee to be Commissioner, Federal Trade 
  Commission.....................................................    25
    Prepared statement...........................................    26
    Biographical information.....................................    27
Leslie B. Kiernan, Nominee to be General Counsel, U.S. Department 
  of Commerce....................................................    37
    Prepared statement...........................................    38
    Biographical information.....................................    39

                                Appendix

Response to written questions submitted to Hon. Bill Nelson by:
    Hon. Edward Markey...........................................    79
    Hon. Kyrsten Sinema..........................................    80
    Hon. Jacky Rosen.............................................    80
    Hon. Ben Ray Lujan...........................................    80
    Hon. Roger Wicker............................................    81
    Hon. Ted Cruz................................................    82
    Hon. Dan Sullivan............................................    82
Response to written questions submitted to Lina M. Khan by:
    Hon. Richard Blumenthal......................................    82
    Hon. Brian Schatz............................................    84
    Hon. Raphael Warnock.........................................    84
    Hon. Roger Wicker............................................    85
    Hon. Jerry Moran.............................................    86
    Hon. Dan Sullivan............................................    86
    Hon. Mike Lee................................................    87
    Hon. Marsha Blackburn........................................    91
Response to written questions submitted to Leslie B. Kiernan by:
    Hon. Raphael Warnock.........................................    91
    Hon. Roger Wicker............................................    91

 
                       NOMINATION TO THE NATIONAL 
                 AERONAUTICS AND SPACE ADMINISTRATION, 
                      FEDERAL TRADE COMMISSION AND 
                      U.S. DEPARTMENT OF COMMERCE 

                              ----------                              


                       WEDNESDAY, APRIL 21, 2021

                                       U.S. Senate,
        Committee on Commerce, Science, and Transportation,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10 a.m., in room 
SR-253, Russell Senate Office Building, Hon. Maria Cantwell, 
Chairwoman of the Committee, presiding.
    Present: Senators Cantwell [presiding], Klobuchar, 
Blumenthal, Markey, Peters, Tester, Rosen, Hickenlooper, 
Wicker, Thune, Blunt, Cruz, Fischer, Moran, Sullivan, 
Blackburn, Lee, Scott, and Lummis.

           OPENING STATEMENT OF HON. MARIA CANTWELL, 
                  U.S. SENATOR FROM WASHINGTON

    The Chairwoman. Good morning. The Commerce, Science, and 
Transportation Committee will come to order. I want to welcome 
all our witnesses for joining us today. Today is a very 
important hearing date. We are going to be joined by, obviously 
welcoming back our colleague, and former colleagues, both 
Senator Nelson, in his position to be nominated as NASA 
Director, and our former colleague, Senator Hutchison, who I 
think is going to join us virtually. So, I cannot think of two 
more active members, ranking members, in the past on this 
committee, so we certainly welcome them. And certainly, we have 
our former Commerce Secretary who is going to be joining us 
virtually.
    So, it is a very big Commerce day for those of us in the 
Commerce Family and long-standing members of this committee to 
see our colleagues and people we have worked with on so many 
policy issues. And obviously, a lot of enthusiasm by members 
who want to join in in support of these nominations. So, we 
will be joined by a variety of senators here and Senator Rubio, 
who is with us already.
    So, I want to say welcome to the families, to Grace and 
Nan, to all of those who are here to discuss today's nominees. 
We are covering everything from the digital and natural, to the 
commercial worlds, and into space today. So, a very broad topic 
area. And we are going to be talking a lot about innovation.
    First, I am pleased to consider the nomination of a dear 
friend, Bill Nelson, to be NASA Administrator. I welcome you, 
as I said, and your wife, Grace, and daughter, Nan. You will be 
formally introduced by Senator Rubio, and our former colleague 
Senator and Ambassador Hutchison. But first I would like to say 
a few words.
    Senator Nelson has been a leader in space policy and has 
been an integral driver of NASA strategic direction for 
decades. His commitment to public service and passion for space 
policy has been long known and makes him an incredible choice 
for this important role. He has a well-respected legacy on 
space policy and that has, I think, today led to an endorsement 
by a litany of individuals, including former NASA Administrator 
Jim Bridenstine, Senator Rubio, Senator Hutchison, and many 
others. His reputation as a tireless advocate for the space 
program is well deserved. And at this moment, NASA needs a 
great advocate that we all can be competent in.
    Today, NASA is at a critical juncture on the Artemis 
program. We are working toward an eventual crewed mission to 
Mars, where no nation has gone before, and right now, we need 
certainty. It is paramount for the agency. And we need steady, 
thoughtful leadership, and undoubtedly, I think you will fit 
that role well.
    I have to say, I was surprised last week about the Human 
Landing System Development contract, but I will ask questions 
about that. And I have questions about how we reduce risk 
management in general at NASA. Also important in innovation, 
and a leader, I believe, are important things on the endless 
technological possibilities that we see at NASA. I have to say, 
as a Senator from a state that has now been dubbed the 
``Silicon Valley of Space'', I welcome you to come and visit 
the Pacific Northwest. And I also would say, while you are 
there you can look at the various aeronautics issues that are 
part of NASA's mission, as well. Aeronautic research and 
development is a very important aspect of the NASA mission.
    So, I look forward to hearing your comments, Senator 
Nelson, on all of those issues. And I hope that we will get a 
chance to work together on these important missions.
    Next, we will hear from Lina Khan, nominated to be the 
Commissioner for the Federal Trade Commission. I understand 
your husband, Shah Ali, and your parents, Tariq and Ulya, are 
here. Very much welcome you here, if you--oh, there you are, 
thank you. You look too young to be her parents. OK. She will 
be formally introduced by Senator Blumenthal, but first I want 
to briefly speak about Ms. Khan's dedication and her 
qualifications in this important role that she will be 
nominated to fill.
    Lina Khan is Associate Professor of Law at Columbia Law 
School. Her scholarship has received several awards and has 
been published by Yale Law Review, Harvard Law Review, Columbia 
Law Review, University of Chicago Law Review. Previously, Ms. 
Khan served as an adviser to the FTC Commissioner Chopra, and 
counsel to the House Judiciary Committee Subcommittee on 
Antitrust, Commercial, and Administrative Law. As Commissioner 
of the FTC, Ms. Khan will serve as the Nation's--one of the 
Nation's leading antitrust officials and consumer advocates.
    One of the key questions where the leadership of the FTC 
is, I believe, how do you fulfill that mission that the FTC 
has, to protect consumers in the information age? A very big 
challenge. We know that Section 5 of the FTC on unfair and 
deceptive practices for competition, and in an information age, 
how much that has been challenged. So, we look forward to 
exactly how you can help us keep on track on this important 
mission.
    In 2011, John Perry Barlow observed as he watched Google 
and Facebook establish dominance, ``if you're not paying for 
it, you're the product''. I think we all have to absorb exactly 
what that has meant for all of us over the last decade. I 
believe in the promise of the Internet and the information age. 
But I also believe that we need a policeman, or in this case 
policewoman, on the beat. We need to make sure these markets 
function and function correctly, and that is what a major role 
of the FTC is, obviously, in partnership with the DOJ.
    As an American legal scholar, Lina Khan has been following 
anti-monopoly research for years, and she has become one of the 
leading legal experts on these issues. So, I think it would do 
all of us a great deal of good to have her on the FTC. So, I am 
grateful for your willingness to serve and the important work 
that you have done in the past.
    Finally, I am pleased to consider the nomination of Leslie 
Kiernan, who President Biden nominated to be General Counsel 
for the Department of Commerce. She is accompanied by her 
husband, Paul Kiernan, welcome. And former Secretary of 
Commerce, as I mentioned earlier, Penny Pritzker will be 
providing a formal introduction for Ms. Kiernan. But I would 
like to, also, say a few words about her experience.
    Ms. Kiernan has decades of experience representing and 
providing counsel for big public and private entities, both big 
and small. During the Obama Administration, she served as White 
House Deputy Counsel to the President, where she advised on a 
wide range of compliance risk management policy oversight 
issues. In addition to our government service, she has worked 
for 20 years as a litigation partner at a national law firm and 
serves on the board of the Children's National Medical Center, 
a nationally recognized Children's Hospital here in DC.
    So, her confirmation comes at a time when the Department of 
Commerce is undertaking a very big task as it relates to our 
competitive avenues with the President's Build Back Better 
plan, and with the economic challenges of an information age, 
in a global economy, responding to a COVID pandemic. So, all of 
those things are big cross currents. So, whether it is 
providing COVID-19 relief, including commercial and charter and 
tribal fishermen issues as one of the things you would have to 
deal with, or administering and bolstering the new broadband 
program, the Minority Development Agency, or many of the other 
roles that Commerce might be given in the next several weeks, 
this will be a very big challenge. But simply put, we need the 
role of the U.S. Department of Commerce in our economic 
recovery to be as robust as possible and I am confident your 
nomination will help us do that.
    As General Counsel, your most important job, I believe 
though, will be to protect the scientific integrity of our 
agencies, to keep politics out of science and decisionmaking, 
and to make sure that we continue to make progress on good 
science. Science is what holds all of us together when we have 
to make difficult decisions.
    So, you have much experience here, decades of interpreting 
these laws and analysis, so, I look forward to those issues. 
And I might just note, the NOAA oversight of the Commerce 
Department, there are a lot of science and legal issues. And 
so, we look forward to your input and oversight of that.
    So, with that, I will turn to my colleague, Senator Wicker, 
who is joining us remotely today.

                STATEMENT OF HON. ROGER WICKER, 
                 U.S. SENATOR FROM MISSISSIPPI

    Senator Wicker. Thank you very much, Senator Cantwell, for 
holding this important hearing on the nominations of our 
friend, former Senator Bill Nelson, to serve as the NASA 
Administrator, Professor Lina Khan, to be a Commissioner of the 
FTC, and Ms. Leslie Kiernan, to be General Counsel at the 
Department of Commerce. I want to welcome each of them to 
today's hearing, but especially Senator Nelson, who previously 
served with distinction as Ranking Member of this committee.
    We are also delighted to have former Senator Kay Bailey 
Hutchison joining us remotely to introduce Senator Nelson. 
Senators Nelson and Hutchison both set a great example for us 
by leading the effort to pass bipartisan NASA authorization 
legislation, a tradition that I hope our committee will 
continue this Congress. We are also glad to have our colleague, 
Senator Marco Rubio, to provide another introduction for 
Senator Nelson, since the two of them represented the State of 
Florida together in the Senate for several years. Finally, it 
is good to have my friend, former Commerce Secretary Penny 
Pritzker joining us virtually to introduce Ms. Kiernan.
    My constituents and I care deeply about making sure NASA 
has strong and capable leadership. As you know, Stennis Space 
Center is located in my home State of Mississippi. Senator 
Nelson has extensive experience in setting the goals and policy 
priorities for NASA, beginning with his tenure as Chairman of 
the Space Subcommittee of the House Science, Space, and 
Technology committee, a post he held for 6 years. During that 
time, he personally flew on the 24th flight of the Space 
Shuttle, participating in scientific experiments and other 
work, while in orbit.
    Senator Nelson also served as both the Chair and Ranking 
Member of this committee's Space and Science Subcommittee, and 
as I previously noted, he was also Ranking Member of the full 
committee. Through these leadership positions, he was 
instrumental in shepherding the passage of numerous NASA 
authorization bills, and I know he will be an important voice 
as we work toward passage of the next one.
    Professor Lina Khan has been nominated to fill an important 
vacancy as a Commissioner at the FTC. Yesterday, we held an 
oversight hearing with the four current commissioners of the 
FTC. We discussed important topics including the Commission's 
role in reigning in Big Tech, the future of its Section 13(b) 
authority to obtain monetary redress, and the role the FTC has 
to play in enforcing college athlete name, image, and likeness 
rules, and other sports issues. I look forward to hearing Ms. 
Khan's view on these and other topics today.
    Ms. Leslie Kiernan is the President's nominee to serve as 
General Counsel at the Department of Commerce. She has a long 
record of service as an attorney in the government and private 
practice. Her experience should be a strong asset for Secretary 
Raimondo and the department, as a whole. The Commerce 
Department has a broad portfolio and oversees numerous sectors 
of our economy, including fisheries, weather forecasting, and 
Federal agency allocation and use of spectrum. We need an 
accomplished General Counsel at the department, who can provide 
sound legal advice and direction in all of these areas.
    I appreciate that all of today's nominees are willing to 
serve in these posts, and I am eager to hear their testimony 
and responses. Thank you, Madam Chair.
    The Chairwoman. Thank you, Senator Wicker. And so, now, we 
are going to give a chance to all of the people who want to 
make formal introductions of all of the nominees, to make those 
introductions. And so, that is that. We will go to Senator 
Rubio, then Senator Klobuchar, Senator Blumenthal, and finally 
Secretary Pritzker.
    So, Senator Rubio, welcome to the Committee. We know you 
come from a big ocean state and will continue to count on you 
to work on a lot of policies for us. And so, thank you so much 
for being here.

                STATEMENT OF HON. MARCO RUBIO, 
                   U.S. SENATOR FROM FLORIDA

    Senator Rubio. Yes, we are surrounded by an ocean. So, I 
appreciate that, Madam Chairwoman, and then, the Ranking 
Member. Thank you for having me and I am going to be very brief 
because this, our nominee for NASA Administrator is no stranger 
to the Senate or to this committee. I think we all know well, 
his passion for the space program is unparalleled. It is a 
passion that began when he was a member of the House and 
continued during this time here in the Senate. And irrespective 
of who was in charge of the Senate, Bill Nelson was always at 
the front of the pack, in terms of dealing with the space 
program. And again, I do not need to tell my colleagues that. 
You all experienced it firsthand.
    He is no stranger, as well--there is not better advocate 
for arguing the importance of the program. What it means to 
America's industrial base. What it means to research and 
development. And frankly, what it means to inspire a Nation. 
Great nations do great things, and it is in space where America 
has made its mark, perhaps--well, not perhaps, certainly more 
than the rest of the world and where we would continue to want 
to lead. And no one is a better advocate for that, no one can 
describe it better, no one has lived it more than he has.
    And then, of course, I think one of the most important 
things that we--often times when we sit, and I sit on the other 
side of that dais in different committees, you get these 
nominees, and you hear great things about them. But you do not 
really know them. Everybody here knows Senator Nelson. You know 
his character. You know his integrity. You served alongside 
him. So, that is not a question that needs to be answered at 
all. I think this is an inspired choice. I cannot think of a 
better American alive to serve in this role.
    I will close with this. I am big fan of professional 
football. And every year, Professional Football Hall of Fame 
meets. And what happens is, all 32 teams have the--usually the 
senior beat writer is the person who is in charge of voting on 
the Hall of Fame Committee. And when the nominee for, as a 
coach or a player, is someone who played in that market, that 
person is in charge of standing up and forwarding the 
nomination. They make a presentation, usually a 5-minute video 
about the player's playing career. Every now and then, however, 
there is no such process. The person--and I recall one in 
particular, and that is Don Shula, the winningest coach in NFL 
history--the late Don Shula. And when he was presented to the 
Hall of Fame as a nominee, a year or two after his retirement, 
the senior beat writer did not have a video presentation, did 
not have a 5-minute testimony. He simply stood up and said, 
``Ladies and gentlemen, Don Shula'', and he sat down. So, 
ladies and gentlemen of this committee, Bill Nelson. Thank you.
    The Chairwoman. Thank you. Thank you, Senator Rubio. We 
will now turn to our former colleague. We are so pleased she 
can join us, Ranking Member of this committee, long-standing 
contributor to many, many policies for the Commerce Committee, 
Ambassador Hutchison.

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

    Ambassador Hutchison. Thank you so much to my friends, 
Chair Cantwell, Ranking Member Wicker. I loved my time on the 
Commerce Committee, as Ranking Member, and I so appreciate 
being asked to come back, because I worked so long with Bill 
Nelson. Now, I will not be able to top what Marco Rubio has 
just said. That was a great introduction, and that recognition 
of what Bill has done in this particular area.
    So, I am here to say how much I endorse the nomination of 
the President for Bill Nelson, for this important job. And 
especially because, I have worked with him on all of the NASA 
authorization bills that were during our time. And I know, as a 
colleague and a friend, that the President has chosen the right 
person to lead this agency.
    In 2005, Bill and I joined forces to author the NASA 
Authorization Bill of 2005, which authorized, for the first 
time, the use of commercial cargo and crude capabilities. And 
that bill set forth an official policy of NASA that should 
encourage commercial use and development of space to the 
greatest extent possible.
    Five years later, we again put our heads together, to co-
author the NASA Authorization Act of 2010. While the 2005 Act 
we laid the framework for increased commercial partnerships, 
there were still many who were skeptical about NASA relying on 
a nascent commercial space industry. Bill worked tirelessly to 
convince lawmakers, both Democrats and Republicans, that 
commercial companies could take over the transportation for 
crew and cargo, in low Earth orbit, while NASA was pushing in 
the deep space area. His work paid off. Bill and I united our 
colleagues in the Senate and House, and gained support for the 
2010 Authorization Bill, which invested in both commercial 
space program, that we have today, and also, NASA's own deep 
space exploration capabilities, which we were pushing forward 
to do.
    It is incredible to see the path chartered in 2010, that is 
being born out today, one of both commercial partnership and 
continued investment in our Nation's space exploration 
capabilities. Very soon, NASA and SpaceX Dragon capsule will 
take off from Kennedy Space Center. The Crew-2 mission will 
mark the third commercial crew flight to the International 
Space Station. And NASA will soon do the same thing with Boeing 
and its Starliner spacecraft. It was a competition that we set 
up for the commercial industry, in that 2010 bill. Within the 
next year, NASA will launch the Space Launch Systems and Orion. 
These are also authorized in 2010 to eventually return U.S. 
astronauts to the Moon, under the Artemis program.
    But the challenges are not in the rear view. As NASA 
embarks on its Artemis program, the agency needs a leader who 
not only has a long-standing understanding of NASA's goals and 
missions, but someone with political leadership skills who can 
build consensus and chart a bold path forward for NASA and our 
country.
    Bill has the unique experience of actually flying in space 
and an unsurpassed record of supporting and reforming the 
agency, keeping it vital, through the bold policy priorities, 
including critical science, exploration, aviation, and 
technology missions. Bill is the leader that NASA needs now. I 
hope the Committee will act expeditiously and favorably on his 
nomination, to get our programs up and going and looking 
forward.
    Thank you so much and it is great, and I am so honored to 
be back with my former colleagues and those of you who are 
serving today, thanks for this welcome.
    The Chairwoman. Thank you. Thank you, Ambassador Hutchison. 
And again, I think it speaks very highly, Senator Nelson, of 
your nomination, that two of your former Republican colleagues 
are here to join us and, obviously, speak volumes about the 
work that you did on this specific policy area.
    We will now turn to more formal introductions of the next 
nominee, Lina Khan. And I will turn to Senator Klobuchar to 
make her remarks.

               STATEMENT OF HON. AMY KLOBUCHAR, 
                  U.S. SENATOR FROM MINNESOTA

    Senator Klobuchar. Well, thank you very, very much, 
Chairwoman Cantwell and, as well as Ranking Member Wicker. 
Congratulations to all the nominees, including Senator Nelson, 
and I see his family. It is good to see you again.
    And today, I have the honor of introducing Professor Lina 
Khan as President Biden's nominee to be a Commissioner at the 
Federal Trade Commission. She is joined by her husband, Dr. 
Shah Ali, and thank you for your work during this pandemic, and 
her parents, Mr. and Mrs. Khan. I am honored to have you with 
us today and you must be very proud of your daughter.
    Lina Khan came to the United States when she was 10 years 
old, and she began her career as a journalist. Her experience 
digging deep, analyzing businesses, and searching for the truth 
brought her to competition policy and consumer protection, as 
she investigated and wrote about harms that monopolization can 
inflict on American consumers. Now, as a daughter of a reporter 
and a sportswriter, myself, I think that journalism experience 
is a really good thing.
    After her career as a journalist, Lina moved on to a 
different kind of public service, as an advisor in the office 
of Commissioner Rohit Chopra, who we saw yesterday at the 
hearing we had in this very room, at the Federal Trade 
Commission. There, Professor Khan crafted policy and cases from 
the inside.
    Then, as a Legal Director at the Open Markets Institute, 
she sought to refresh decades old antitrust law for the modern 
digital era, pioneering new thinking about how competition 
policy impacts the tech giants of our day, and what changes 
need to be made to make a difference.
    Lina ultimately went on to the House of Representatives, 
where she played a key role in the development of their 
groundbreaking Gatekeepers Report. As part of that job, she 
also helped to oversee the FTC, an agency where, with the 
Committee's support, she can soon be part of.
    Finally, Professor Khan brings serious legal chops to the 
competition policy table. She is an Associate Professor of Law 
at Columbia University and her work has been published in, 
well, just about everywhere. As the world has noticed, her 
article on Amazon, which she wrote while still in law school, 
went viral, and not many law review articles do that. And was 
described by the New York Times as, ``reframing decades of 
monopoly law''.
    And given the interest of this committee, from left to 
right, from liberal to conservative, in taking on antitrust and 
privacy issues, I cannot think of a more qualified person to be 
considered for the FTC. Lina Khan is, in short, an out-of-the-
box thinker, a pioneer in competition policy, who is already a 
noted expert in her field. Her deep understanding of how 
markets influence our lives and how the law should function, is 
exactly what we need at the FTC.
    While the FTC has done some remarkable work, including the 
recent filing of the major case against Facebook, for too long 
mergers have gone unchallenged and dominant firms have 
accumulated levels of market power that we have not seen in a 
century. These are some of the most important issues of our 
day. They are complicated. And Lina Khan will bring a critical 
perspective to the FTC. She is committed to using the agency's 
authority to help solve real problems and she has been 
committed to public service, as we can see throughout her 
career.
    I hope both committee Democrats and Republicans alike, will 
look forward to working with her on ensuring that consumers get 
the benefit of free and fair competition. That our innovative 
spirit in this country brings new products and services to 
market. That we continually rejuvenate capitalism. And that 
Americans are protected when they buy their groceries, go to a 
health clinic, buy their medicines, and yes, go on Facebook.
    We need Lina Khan at the FTC and I urge my colleagues to 
support the nomination. Thank you very much.
    The Chairwoman. Thank you, Senator Klobuchar. Now we will 
have, also, an introductory statement by Senator Blumenthal.

             STATEMENT OF HON. RICHARD BLUMENTHAL, 
                 U.S. SENATOR FROM CONNECTICUT

    Senator Blumenthal. Thanks very much, Madam Chair. Thank 
you to all of the nominees here today. A particular welcome to 
our colleague, Bill Nelson, who has once again demonstrated his 
extraordinary judgment and wisdom by inviting his beautiful and 
accomplished family to be with him today. We welcome you and 
look forward to working with you.
    I have the tremendous honor to introduce Lina Khan, whom I 
have long admired. And I want to thank her family, as well, for 
their support. Ms. Khan, your story is so inspiring. An 
immigrant story, an American story about extraordinary 
accomplishment, but also giving back to America in such 
wonderfully important and life changing ways. You have already 
helped countless people through your insights and expertise, 
your amazing writings in so many academic journals, but also 
your involvement in public service in this Congress, in both 
the Senate and the House.
    So, you have deep expertise and insight, tremendous 
experience, and frankly, the guts and grit that you have 
demonstrated already, to stand up to powerful corporations and 
special interests, that now threaten competition in this 
country. And the fact is that our Nation is in an economic 
crisis. We need to revive our economy. But we need to do it in 
a way that protects consumers. And in fact, consumers have 
suffered deeply, as a result of this pandemic. The frauds and 
the deception that has been involved in many of the schemes 
that we see on the internet, right now. And the Nation is also 
in a privacy crisis. We have seen the intrusions and the 
breaches of data that have occurred. We are in a competition 
crisis. No one has described it better than you have, and we 
thank you for calling attention to the effects of unchecked 
consolidation and monopolization that proceeded the pandemic 
but have now been aggravated and highlighted during it.
    So, we are at a unique moment for our Nation's economy. One 
of recovery, but at that the same time, seeking greater equity 
and competition that benefit consumers, ultimately, and you are 
indeed the right person for this agency, right now, as the 
Chair of the Subcommittee on Consumer Protection in this 
committee, and a member of the Antitrust Subcommittee on 
Judiciary, so ably led by Senator Klobuchar, I look forward to 
working with you on all of these areas. And I look forward to 
the leadership that you will bring to protecting consumers and 
a competition as a member of the FTC. And again, thank you for 
your willingness to serve.
    Thank you, Madam Chairman.
    The Chairwoman. Thank you, Senator Blumenthal. Now, 
certainly not least, our former Secretary of Commerce, 
Secretary Pritzker, thank you so much for joining us to speak 
to the nomination of Miss Kiernan. We certainly miss you and 
thank you for your service.

   STATEMENT OF HON. PENNY PRITZKER, FORMER SECRETARY, U.S. 
                     DEPARTMENT OF COMMERCE

    Ms. Pritzker. Good morning, and thank you so much, Chairman 
Cantwell and Ranking Member Wicker and the other members of the 
Committee, for offering me the opportunity to speak today about 
my good friend, Leslie Kiernan. I would also first like to 
congratulate the other nominees, as well, including my friend 
and former Senator Bill Nelson and Lina Khan.
    Let me begin by saying that serving as our Nation's 38th 
U.S. Secretary of Commerce was the honor of a lifetime. And I 
really want to thank this committee for giving me that 
opportunity to serve our country. I thoroughly enjoyed working 
with each and every one of you on the critical work to build a 
stronger economy for all Americans. And I really appreciated 
your partnership and your oversight role of the Department of 
Commerce.
    So, again, I am here today because I am really pleased to 
be able to speak about my friend and former colleague, Leslie 
Kiernan, with whom I served in the Obama Administration. She is 
someone for whom I have such great respect and admiration. 
Without hesitation I 100 percent support her nomination, and 
know she will be, if confirmed, a stellar General Counsel for 
the Department of Commerce.
    Leslie is a person of unquestioned integrity, deep, deep, 
legal expertise, and a long track record of proven results, 
demonstrated over the course of her diverse career in the 
private sector, in government, and in the non-profit worlds. 
She is also someone who is quite adept at dealing with high 
pressure situations and multitasking, given that she is the 
mother of four wonderful children.
    Fundamentally, Leslie is a servant leader, who has robust 
experience in a broad range of complex legal issues that will 
serve the Department of Commerce well. Her expertise ranges 
from data protection and cybersecurity to environmental law and 
corporate governance, just to name a few areas.
    Make no mistake, Leslie is a lawyer's lawyer. She is hired 
by her clients for her astute expertise and sound judgment. And 
I know she will apply the same shrewd command of the law and 
judgment to the role of General Counsel.
    Over the course of her career, Leslie has demonstrated a 
commitment to bipartisanship, thoughtfully representing both 
Democrats and Republicans. She has developed a reputation for 
excellence, proficiency, and discipline. Frankly, she is just a 
darn good lawyer. So, it comes as no surprise that she is being 
nominated to such a crucial role.
    If confirmed, Leslie will work alongside thousands of 
public servants at the Department of Commerce, whom I deeply 
admire and respect. Together I am confident they will work 
tirelessly to fulfill the agency's critical mission to spur 
economic growth and job creation for more Americans. Put 
simply, I am very proud to know Leslie Kiernan. I trust her 
judgment and I am grateful for her willingness to, once again, 
serve our country.
    The Department of Commerce's success, as so many of you 
have said today, is our country's success. In my opinion, 
Leslie will serve both the department and Secretary Raimondo 
with distinction.
    So, thank you, again, for inviting me to join you today, 
and for the important work that all of you do, on behalf of our 
Nation. I am delighted to introduce to the Committee, Leslie 
Kiernan, and I enthusiastically endorse her swift nomination.
    The Chairwoman. Thank you, Secretary Pritzker. Thank you so 
much for joining us and taking the time to come back and make 
sure the Department of Commerce gets a strong team of people 
working with them. We appreciate that.
    Now, we are going to actually turn to the nominees. Again, 
thank you for your willingness to serve, and we are going to 
start with you, Senator Nelson. Again, formally welcome to the 
Committee and glad you are here to assume, hopefully, this role 
and responsibility.

                 STATEMENT OF HON. BILL NELSON,

                  NOMINEE TO BE ADMINISTRATOR,

         NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

    Mr. Nelson. Thank you, Madam Chairman, and if I may submit 
my testimony in writing for the record. And if I may, Madam 
Chair, just address the Committee directly.
    The Chairwoman. Yes.
    Mr. Nelson. First of all, I want to thank my family, my 
spouse of going on 50 years, Grace, our daughter Nan Ellen, and 
virtually joining us from Orlando, our son, Bill, Jr.
    I want to thank the co-panelists here, and congratulations 
to you and everything that the two of you, Ms. Khan, Ms. 
Kiernan, that you have already accomplished. It is very 
impressive.
    Thanks to my former colleagues. There is a catch in my 
throat when I think about the wonderful times that I have had 
with you all and the friendships that have been bred over the 
18 years that I was privileged to serve here. And so, your 
comments are just so gratefully received. But now, we have a 
big task ahead of us, and if you all decide that you are going 
to confirm me, I look forward to this with gusto and with 
enthusiasm.
    There is a lot of excitement going on in NASA right now, 
and you all have seen it. You have seen it a couple of days ago 
with the flight of the little helicopter on a celestial body, 
some 80 to 100 million miles away, depending on the orbits that 
Earth and Mars are in. You have seen it, as stated by the 
Chairman and the Ranking Member, of the return of American 
astronauts, launching on American vehicles, from American soil.
    Later this year, we are going to see it in the launch of 
the James Webb telescope, a $9 billion instrument on top of an 
Ariane rocket, situated at the equator at the European Space 
Agency's launch center in French Guyana. You are going to see 
that telescope replacing the Hubble, that has already opened up 
so many new things to us in the universe. And it is going to 
look back in time, almost to the beginning of the source of 
light, millions and millions and billions of lightyears away.
    It is an exciting time. And at the end of the year, perhaps 
early next year, you are going to see the largest rocket ever, 
most powerful, launched that is going to be the workhorse on 
the program of going back to the Moon and then, on to Mars. 
Which was a multi-administration project. These projects are 
not one administration. They are many. It is like building an 
aircraft carrier. You start it and it will take you years down 
the road, and it has to be continued, regardless of who is in 
the majority, regardless of who is in the presidency. And so, 
too, we are seeing this. And we will see the fulfillment of 
these programs.
    And so, if you ask me what is my vision for the future of 
NASA, it is to continue, for us to explore the heavens with 
humans and with machines. And there is a lot of excitement.
    Now, corollary to that, is the fact of look at what, in 
developing machines that can take humans and robots out to 
explore, look at what is being developed in technology and 
science and engineering and mathematics. First of all, you are 
going to see a spin off of a generation of newly educated young 
people. Think back to the Apollo program and think about how 
that rippled through several generations of young people in 
STEM, that made us, technologically, the most advanced of all 
the nations on the planet. That can be happening again and 
pressing the envelopes on the edges of science and discovery. 
Look what is happening. Think of the spin offs that is coming 
out of this for our everyday lives.
    I have got to reach into my pocket here and tell you, just 
recently, I was reminded of one of the greatest spin offs. It 
is the camera in here, now used by billions of people on the 
planet. This camera was developed for the Earth's observing 
satellites that NASA has built and has operated. I could go 
through so many other things. The Canadian arm, first on the 
Space Shuttle and then, on--now on the Space Station. Those 
robotics--think of the robotic surgery that I venture to say 
some members of this committee may have already experienced, 
including your witness. That has all been a spinoff out of NASA 
technology.
    Madam Chair, I am mindful of your time. I can keep going on 
and on and it is hopefully in print in my opening statement 
that I have submitted to you. I am going to stop right there. I 
want to hear from these other distinguished folks. Thank you 
for the privilege.
    I want to say one other thing. I think the fact that Marco 
and Kay would make a statement, tells you a lot about NASA. 
Hopefully, it tells you something about me, in trying to bring 
people together, regardless of party, to build consensus in 
order to get something done.
    I want to thank Jim Bridenstine, the former administrator, 
who did a remarkable job, under difficult circumstances, and as 
a result, he became very popular in NASA. I want to thank him 
for his friendship, his very gracious comments to me. And so, 
that is the spirit of NASA, to keep us going in a bipartisan--
indeed, non-partisan way. In this regard, NASA is like the 
Department of Defense. There should be no partisanship as we 
venture forth, exploring new horizons.
    Thank you for the privilege of being here.
    [The prepared statement and biographical information of Mr. 
Nelson follow:]

 Prepared Statement of Hon. Bill Nelson, Nominee to be Administrator, 
             National Aeronautics and Space Administration
    Thank you, Chair Cantwell, Ranking Member Wicker, and members of 
the committee.
    I am honored to appear before you today as President Joe Biden's 
nominee to be Administrator of the National Aeronautics and Space 
Administration, an awe-inspiring agency that has been close to my heart 
for my entire life.
                               BACKGROUND
    NASA is in my blood. After the civil war, under the Homestead Act, 
if you worked a plot of land for four years, the U.S. government would 
deed you 160 acres of land. My family did just that on Florida's east 
coast. The 160 acres of land deeded to my grandparents in 1917 sits at 
what is now the north end of the space shuttle runway at the Kennedy 
Space Center.
    In 1985, I was given the opportunity to train with NASA's 
astronauts and join the crew the 24th flight of the Space Shuttle. On 
the morning of our first launch attempt, I wandered off on the launch 
tower and looked three miles northwest at my family's old homestead. I 
thought about my grandparents, who I never had the chance to meet, and 
knew they would have never believed that their grandson was going to 
literally leave the face of Earth from nearly the same piece of land on 
which they worked so hard to provide for their family.
    Our flight scrubbed on that first attempt and three more times. On 
the fifth launch attempt, on January 12, 1986, our crew on the Space 
Shuttle Columbia finally lifted off. While in orbit for six days, I 
conducted 12 medical experiments. Even today, NASA is continuing 
medical research and experiments similar to those I conducted in order 
to improve health care here on Earth. Over the course of our extensive 
training and that six-day flight, I gained unique insight into the 
rigors of human spaceflight.
    My flight was the last before the fatal Challenger disaster. That 
terrible day and the ensuing investigation left a mark on me and many 
in the space industry. It has driven my concern for astronaut safety 
ever since. There is nothing more sacred. What we learned in the 
aftermath of Challenger is that the engineers at ground level had 
concerns about launching the shuttle in extremely cold temperatures, 
but the leaders did not listen or did not want to hear. Leadership 
means listening to all employees and ensuring that technical experts 
and independent voices have a pathway to reach and inform decision 
making. I am committed to hearing and acting on their advice.
    As a young Congressman representing Florida's space coast, I worked 
closely with NASA throughout my years in Congress. I chaired the Space 
Subcommittee of the House Science, Space, and Technology committee for 
six years. During that time, I cosponsored the NASA authorization bills 
of 1984, 1985, and 1986. This suite of NASA policy bills directed NASA 
to develop a space station for peaceful purposes, authorized operations 
of the Space Shuttle and a number of science missions that 
revolutionized our understanding of the cosmos such as the Hubble Space 
Telescope and the Galileo mission to Jupiter.
    While in the House, I also co-sponsored the Commercial Space Launch 
Act of 1984 and sponsored the follow-on Commercial Space Launch 
Amendments Act of 1988. These laws established the original policy and 
regulatory framework for commercial space launch in the United States 
and laid the foundation for the emergence of the modern commercial 
space sector, which is valued at over $350 billion today.
    In the Senate, I served as both the Chairman and Ranking Member of 
the Space and Science Subcommittee and Ranking Member of this 
committee--the Committee on Commerce, Science and Transportation. 
During my time in the Senate, I helped write NASA Authorizations in 
2005, 2008, 2010, and 2017, all of which shaped NASA's current missions 
and programs.
    I would like to highlight the landmark NASA Authorization Act of 
2010. This was a particularly uncertain time for NASA's human 
spaceflight program. Due to safety concerns raised after the Columbia 
disaster in 2003, the space shuttle was set to retire, leaving NASA 
with no way to transport astronauts to the International Space Station. 
NASA's follow-on program, Constellation, was over budget and behind 
schedule. There was not consensus on NASA's path forward for human 
space exploration. In order to give NASA the direction it needed, I 
reached across the aisle and worked with Senator Kay Bailey Hutchison 
from Texas. We authored a compromise that united a number of factions 
and set NASA on its current dual course of both government and 
commercial human spaceflight missions. In addition, the bill authorized 
a balanced portfolio of science, exploration, and technology 
initiatives for the agency.
    The programs authorized in that bill--commercial crew and cargo 
transportation, the Space Launch System, and Orion--are just now coming 
to fruition. In fact, SpaceX is launching a U.S. and international crew 
tomorrow. I am committed to ensuring success for all these programs and 
continuing NASA's legacy of excellence in human spaceflight.
                            VISION FOR NASA
    The space program needs constancy of purpose. This is why Senator 
Cruz and I worked hard on the NASA Transition Authorization Act of 
2017. I was pleased that the Trump administration continued the major 
human exploration programs from the Obama administration's ``Journey to 
Mars.''
    I would like to recognize NASA's former administrator, Jim 
Bridenstine, and thank him for his service to NASA and this Nation. Jim 
took the Journey to Mars and laid out a plan for NASA to return to the 
Moon in order to prepare for missions to Mars. He named this program 
Artemis. Jim had tremendous success in growing political and public 
support for NASA, particularly around the Artemis program. Jim was also 
very transparent with the public, and I believe that is extremely 
important to maintaining public confidence in NASA. If confirmed, I 
look forward to continuing to work with him and will seek his advice.
    In the early months of this administration, President Biden 
committed his support to the Artemis program. The first of the Artemis 
mission launches within the next year, and subsequent missions will 
land the first woman and the first person of color on the Moon. When 
NASA returns to the Moon this time, we will go in a way that reflects 
the world today--with government, industry, and international partners 
in a global effort to build and test the sustainable systems needed for 
challenging missions to Mars and beyond.
    NASA is best known for its human and robotic exploration of the 
solar system, which will continue to be a focus for this 
administration. But NASA also plays a major role in developing 
solutions to some of the challenges we face here on Earth--climate 
change, educating and inspiring a diverse STEM workforce, building back 
better through innovation, and using space to create and strengthen 
global alliances and ensure U.S. global leadership.
    When I flew on the space shuttle, any time that was not scheduled 
with experiments or flight activities--which was not often--I would 
make my way to the space craft window to look at our home, our planet. 
I was struck by how fragile it looked with its thin atmosphere. 
Combating climate change cannot succeed without robust observations, 
data, and research. With more than two dozen satellites and instruments 
observing key climate indicators, NASA satellites are our ``eyes in the 
sky,'' showing us how the planet is changing at global, regional, and 
local scales. NASA is also investing in new technologies to improve the 
efficiency of aircraft, helping to spur an American-led sustainable 
aviation industry.
    I also believe NASA plays an important role in inspiring the next 
generation of inventors and scientists. After the Apollo program, 
thousands of young people dedicated themselves to studying engineering, 
science, and computing. Not all of these people joined the space 
program. Some went into biology or the nascent computer industry. They 
made this country a technology and economic powerhouse. 60 percent of 
people alive today weren't alive to see a human walk on the Moon. 
Imagine who NASA and America inspires when we return to the Moon, and 
this time include women and people of color.
    Finally, the President has highlighted that space investments spur 
economic growth, improve life on Earth, and keep America competitive. 
Through all NASA activities, the agency generated more than $64.3 
billion in total economic output during Fiscal Year 2019, supported 
more than 312,000 jobs nationwide. Every state in the country benefits 
economically from NASA. Investments in research and technology are our 
seed corn for future economic growth, and are a key part of the Build 
Back Better plan.
                               CONCLUSION
    NASA is in a new age of development full of limitless 
opportunities, from the agency's Artemis Moon-to-Mars approach and the 
new space telescope that will unlock mysteries of the universe; to 
innovative aeronautics development to revolutionize the future of air 
travel; to preparing the next generation of scientists and engineers. 
For decades, NASA has served as a beacon of ingenuity, home to 
incredible scientific innovation and technological development that not 
only unlock awe inspiring discoveries and the mysteries of the 
universe, but also provide the private sector with hundreds of NASA-
developed technologies.
    From a young age, I've held on to the belief that we are created to 
work for the common good and to create a better world for all. I have 
tried to dedicate most of my adult life to serving our country. Should 
I be confirmed by the Senate, I look forward to doing so in a new 
capacity, and helping to lead a great agency and NASA's incredible 
workforce to an exciting future.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): C. William 
``Bill'' Nelson.
    2. Position to which nominated: National Aeronautics and Space 
Administration (NASA) Administrator.
    3. Date of Nomination: March 24, 2021.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: Information not provided.

    5. Date and Place of Birth: September 29, 1942; Miami, Florida.
    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).

        Grace Nelson (spouse)
        Charles William ``Bill Jr.'' Nelson, son, 45
        Nan Ellen Nelson, daughter, 44

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

        Bachelor of Arts, Yale University, 1965
        Juris Doctorate, University of Virginia Law School, 1968

    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.

        U.S. Army, 1965-1971 (Reserves and Active Duty)

        Florida Governor Reubin Askew, Legislative Assistant, 1971

        Nelson, Normile & Dettmer, Attorneys at Law, 1970-1979

        Florida House of Representatives, Representative, 1972-1978

        U.S. House of Representatives, Representative, 1979-1991

        Maquire, Voorhis & Wells., P.A., 1991-1994

        Treasurer, Insurance Commissioner and Fire Marshal of Florida, 
        1995-2000

        U.S. Senate, Senator, 2001-2018

    9. Attach a copy of your resume.
    Full employment history above.
    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 ten years.
    Member of the NASA Advisory Council, 2019--present. I am inactive 
in this position due to this nomination and will resign upon 
confirmation.
    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 ten years.

        Bill Nelson, LLC (sole proprietor)

        Lockheed Martin Space Systems, Strategic Advisory Group member

        Relativity Space, Advisor

    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). Include dates of membership and any positions you have 
held with any organization. Please note whether any such club or 
organization restricts membership on the basis of sex, race, color, 
religion, national origin, age, or disability.

        Lake Nona Country Club, 2013 to present

        Association of Space Explorers, 1990 to present

        The Florida Bar, 1968 to present

        Yale Alumni Association 1966 to present

    None of these organizations discriminate on the basis of sex, race, 
color, religion, national origin, age, or disability.
    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt.
    Yes, candidate and elected official for state legislature, state 
office, and U.S. Congress. No outstanding campaign debt remains for any 
of these races.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities.

        Member/supporter, Florida Democratic Party; uncompensated

        Member/support, Democratic Senatorial Campaign Committee; 
        uncompensated

        Joe Biden for President, surrogate, uncompensated

        Nelson for Senate, candidate

    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years.
    Biden for President, surrogate for candidate Biden in South 
Caroline, Iowa, Virginia, Florida and other virtual events in 2020. All 
expenses paid out of pocket.
    No personal contributions, but I did maintain a leadership PAC that 
made political contributions. I also made transfers from a Senate 
campaign account.
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.
Honorary Degrees:

        Doctor of Laws, Nova Southeastern University

        Doctor of Laws, Rollins College

        Doctor of Laws, Bethune-Cookman University

        Doctor of Science, Florida Institute of Technology

        Doctor of Science, Embry-Riddle Aeronautical University

        Harvard University, Institute of Politics, JFK School of Gov., 
        Fellow Fall 1992

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. 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.
Book
        Mission: An American Congressman's Voyage to Space (book, 1988)
Articles

   8/2/2020: Wear a mask. It's the least you can do. (Orlando 
        Sentinel)

   10/12/2011: Life-and-death power of AIDS funding (Politico)

   1/28/2011: Sacrifices remind us that we must press on 
        (Orlando Sentinel)

   6/10/2010: Gulf Oil Spill Shows Danger of Offshore Drilling 
        (US News & World Report)

   8/27/2003: We can't explore space on the cheap (Tribune News 
        Service)

   Jr, Frank Sietzen. ``Conversations with Bill Nelson.'' 
        Aerospace America 40, no. 8 (2002): 12.

   Handberg, Roger; Johnson-Freese, Joan; Nelson, Bill. ``The 
        Space Station, NASA, and Congress--Micromanaging space policy'' 
        Space Techno

   Scientific American, Essay, February 1991. The risks in 
        cutting funds for space programs. February 1, 1991--Bill 
        Nelson.

   NELSON, BILL and RICCARDO GIACCONI. ``Rational Space 
        Policy.'' Issues in Science and Technology 4, no. 3 (1988): 10-
        11.

   Nelson, Bill. ``Essay: The Risks in Cutting Funds for Space 
        Programs.'' Scientific American 264, no. 2 (1991): 144.

   Jr, Frank Sietzen. ``Conversations with Bill Nelson.'' 
        Aerospace America 40, no. 8 (2002): 12.

   Handberg, Roger; Johnson-Freese, Joan; Nelson, Bill. ``The 
        Space Station, NASA, and Congress--Micromanaging space policy'' 
        Space Technology--Industrial and Commercial Applications 14, 
        no. 1 (1994).
Speeches
    Please see attached list of relevant Senate and House floor 
statements and committee statements.
    18. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.

        Twitter: @senbillnelson (active); @nelsonforsenate (dormant)

        Facebook: Senator Bill Nelson (deleted); Nelson for U.S. Senate 
        (deleted)

        Instagram: Senator Bill Nelson (dormant)

    19. 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.
    Not applicable.
    20. 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?
    It is my honor to be nominated to serve as Administrator of NASA, 
and if confirmed by the Senate, to help lead NASA into an exciting 
future. NASA's workforce radiates optimism, ingenuity, and a can-do 
spirit. The NASA team continues to achieve the seemingly impossible as 
we venture into the cosmos.
    I worked closely with NASA throughout my years in Congress. In the 
U.S. House of Representatives, I chaired the Space Subcommittee of the 
House Science, Space, and Technology committee for six years. During 
that time, I cosponsored the NASA authorization bills of 1984, 1985, 
and 1986. This suite of NASA policy bills established the legislative 
context for the development of a space station for ``peaceful 
purposes,'' the operation of the Space Shuttle, and a number of science 
missions that revolutionized our understanding of the cosmos such as 
the Hubble Space Telescope and the Galileo mission to Jupiter.
    While in the House, I also cosponsored the Commercial Space Launch 
Act of 1984 and sponsored the follow-on Commercial Space Launch 
Amendments Act of 1988. These laws established the original policy and 
regulatory framework for commercial space launch in the United States 
and laid the foundation for the emergence of the modern commercial 
space sector.
    In 1986, I flew on the 24th flight of the Space Shuttle. During 
that six-day flight on Columbia, I conducted 12 medical experiments, 
including the first American stress test in space and a cancer research 
experiment sponsored by university researchers. The opportunity to fly 
on shuttle gave me insight into the rigors of human spaceflight and the 
commitment above all to safety.
    In the Senate, I served as both the Chairman and Ranking Member of 
the Space and Science Subcommittee and Ranking Member of the Committee 
on Commerce, Science and Transportation. During my time in the Senate, 
I helped write NASA Authorizations in 2005, 2008, 2010, and 2017.
    In particular, I would like to highlight the landmark NASA 
Authorization Act of 2010. This was a particularly uncertain time for 
NASA's human spaceflight program, with the space shuttle set retire. 
There was not consensus on NASA's path forward for human space 
exploration. In order to give NASA the direction it needed, I worked 
with Senator Kay Bailey Hutchison from Texas to author a grand 
compromise for the agency that united a number of factions that were 
fighting to redirect the agency following the proposed cancellation of 
the successor the Space Shuttle program known as Constellation. That 
law set NASA on its present dual course of both government and 
commercial human spaceflight missions, in addition to authorizing a 
balanced portfolio of science, exploration, and technology initiatives 
for the agency. The programs authorized in this legislation--commercial 
crew transportation, the Space Launch System, and Orion--are just now 
coming to fruition, and much work remains to ensure their success. NASA 
has successfully launched astronauts to the International Space Station 
using one provider, with another provider set to come online later this 
year. The Space Launch System is completing testing and set for its 
maiden flight later this year. Given my work in initially authorizing 
these programs, I am committed to ensuring their success and continuing 
NASA's legacy of excellence in human spaceflight.
    21. 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?
    As Administrator, I would be accountable for management and conduct 
of the entire agency. I am responsible for the leadership, achievement, 
and safety of aeronautics and space program. My background as Senator 
and Congressman with oversight of NASA has prepared me for this. In 
addition, for six years I had executive experience Florida's state 
treasurer, insurance commissioner, and fire marshal, overseeing those 
activities in what was the fourth largest state by population at the 
time.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?

   Giving NASA the means and leadership to enable the highly-
        skilled workforce to achieve ambitious exploration and research 
        goals

   Trying to develop a culture of integrity, honesty, safety, 
        and transparency.

   Managing program costs and schedule

    All of these are needed for NASA to accomplish its missions, remain 
the premier space agency, and continue to enjoy wide-spread support 
across the country and world.
                   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.
    My arrangements, agreements, and other dealings are described in my 
Public Financial Disclosure report which the Office of Government 
Ethics has provided to the Committee.
    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. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
NASA ethics officials and the Office of Government Ethics to identify 
any potential conflict of interest. Any potential conflict of interest 
will be resolved according to the terms of the ethics agreement that I 
have entered into with NASA's Designated Agency Ethics Official, and I 
understand the agreement will be provided to this Committee. I am not 
aware of any potential conflict of interest other than those identified 
in my ethics agreement. In the event that an actual or potential 
conflict of interest arises during my appointment, I will consult with 
NASA's ethics officials and take the actions necessary to resolve the 
conflict.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten 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. Explain how you will resolve 
each potential conflict of interest.
    Any potential conflicts of interest have been identified in my 
ethics agreement, which will be provided to the Committee, and will be 
resolved in accordance with the terms of that ethics agreement.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    I am not aware of any other potential conflicts of interest that 
may arise other than those identified in my ethics agreement. However, 
should a conflict arise during my appointment, I will consult with 
NASA's ethics officials and take the actions necessary to resolve the 
conflict.
    6. Describe any activity during the past ten years, including the 
names of clients represented, 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.
    Not applicable.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:
    No.

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.

    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 or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal 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. No.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? Yes.
    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? Yes.
    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.
                                 ______
                                 
                               Attachment
                  Bill Nelson Senate Floor Statements
2018
        January 3, 2018, space mention

        January 19, 2018, Remembering Captain John Young

        February 6, 2018, Falcon Heavy Rocket

        March 13, 2018, NASA mention

        April 18, 2018, Nomination of The Honorable Jim Bridenstine

        November 29, 2018, NASA mention

        December 6, 2018 NASA mention

        December 10, 2018, America's Space Program

        December 19, 2018, space mention

        December 20, 2018, Space Frontier Act of 2018
2017
        January 10, 2017, Remembering Dr. Piers Sellers

        January 31, 2017, NASA mention

        April 26, 2017, NASA mention

        May 4, 2017, NASA Funding

        June 15, 2017, Gardner modified amendment No. 250, to provide 
        an exception for activities of the National Aeronautics and 
        Space Administration.

        July 17, 2017, NASA mention

        December 12, 2017 NASA mention
2016
        January 12, 2016, Mission to Mars and Space Shuttle Flight 30th 
        Anniversary

        January 28, 2016, Remembering the Crewmembers of the Space 
        Shuttle ``Challenger'', the Space Shuttle ``Columbia'', and 
        ``Apollo 1''

        February 3, 2016, NASA mention

        February 9, 2016, NASA budget

        March 2, 2016, Return from Space of Commander Scott Kelly

        March 15, 2016, NASA mention

        June 9, 2016, NDAA

        June 15, 2016, space mention

        July 13, 2016, NASA mention

        September 21, 2016, NASA legislation

        December 8, 2016, Remembering John Glenn
2015
        March 16, 2015, NASA mentions

        March 26, 2015, NASA mentions

        April 7, 2015, Dr. Dava Newman nomination

        June 9, 2015, NASA mention

        June 10, 2015, NASA funding

        June 15, 2015, America's Space Program

        October 27, 2015, NASA mention

        October 28, 2015, Commercial Space Bill

        September 30, 2015, NASA mention

        November 17, 2015, U.S. Commercial Space Launch Competitiveness 
        Act

        December 16, 2015, NASA budget
2014
        January 16, 2014, NASA funding

        March 10, 2014, space

        March 13, 2014, NASA mention

        March 14, 2014, NASA mention

        April 29, 2014, NASA mention

        June 5, 2014, NASA mention

        June 18, 2014 NASA mentions

        July 21, 2014, 45-Year Anniversary of the Lunar Landing

        September 11, 2014, David Radzanowski

        December 4, 2014, ``ORION'' Spacecraft

        December 8, 2014, ``ORION'' Spacecraft

        December 12, 2014, space program

        December 15, 2014, NASA mention
2013
        March 19, 2013, space mention

        June 7, 2013, NASA mention

        July 25, 2013, NASA

        July 31, 2013, NASA Authorization

        October 1, 2013, NASA funding

        October 7, 2013, NASA mention

        October 9, 2013, NASA funding

        October 11, 2013, NASA funding

        December 13, 2013, A bill (H.R. 3547) to extend the application 
        of certain space launch liability provisions through 2014
2011
        January 26, 2011, NASA

        February 3, 2011, NASA

        February 8, 2011, NASA Authorization amendment

        March 29, 2011, NASA mention

        April 7, 2011, NASA mention

        June 30, 2011, NASA mention

        July 12, 2011, Space Shuttle Launch

        July 22, 2011, the space program

        September 14, 2011, International Space Station
2010
        February 9, 2010, NASA funding

        March 8, 2010, the Space Program

        July 12, 2010, NASA Authorization

        July 20, 2010, NASA Authorization

        December 2, 2010, NASA
2009
        February 3, 2009

        April 24, 2009, NASA

        March 10, 2009, NASA mention

        March 16, 2009, Space Shuttle launch

        June 1, 2009, NASA nominees

        July 9, 2009, NASA hearing

        July 15, 2009, GEN Charles F. Bolden nomination

        July 20, 2009, Apollo Moon Landing Anniversary

        September 16, 2009, NASA funding

        October 8, 2009, NASA funding

        October 28, 2009, Successful Rocket Test

        November 5, 2009, NASA
2008
        February 8, 2008, International Space Station

        April 29, 2008, NASA funding

        May 2, 2008, NASA mentions

        May 8, 2008, NASA funding

        May 21, 2008, NASA mention

        July 30, 2008, NASA

        September 25, 2008, NASA Authorization

        September 29, 2008, NASA
2007
        January 9, 2007, NASA

        February 28, 2007, Space Station Safety Report

        October 4, 2007, NASA funding

        October 16, 2007, NASA funding

        November 15, 2007, NASA mention
2005
        April 13, 2005, NASA mention

        June 21, 2005, NASA Authorization

        July 21, 2005, NASA amendment

        July 25, 2005, NASA mention

        November 4, 2005, NASA mention

        December 21, 2005, NASA Authorization Act

        December 28, 2005, NASA Authorization Act
2004
        March 12, 2004, NASA funding

        June 8, 2004, Space Shuttle Challenger

        September 7, 2004, NASA funding

        September 8, 2004, NASA mention

        September 13, 2004, NASA

        September 14, 2004, NASA mention

        September 28, 2004, NASA mention

        October 4, 2004, NASA mention
2003
        February 5, 2003, fallen astronauts on the Columbia mission

        March 7, 2003, NASA mention

        June 11, 2003, NASA mention

        August 1, 2003, Space Shuttle

        October 15, 2003, Astronauts

        October 30, 2003, space

        November 18, 2003, NASA
2002
        February 28, 2002, NASA mention

        October 17, 2002, NASA

        November 20, 2002, NASA's Budget
2001
        May 15, 2001, NASA mention

        July 10, 2001, human space flight funding

        July 11, 2001, NASA mention

        August 2, 2001, America's Space Program

        April 23, 2001, NASA mention

        June 27, 2001, NASA mention
                                 ______
                                 
           Bill Nelson Commerce Committee Opening Statements
2017
        May 23, 2017--Reopening the American Frontier: Exploring How 
        the Outer Space Treaty Will Impact American Commerce and 
        Settlement in Space

        July 13, 2017--Reopening the American Frontier: Promoting 
        Partnerships Between Commercial Space and the U.S. Government 
        to Advance Exploration and Settlement

        November 1, 2017 Nomination to the National Aeronautics and 
        Space Administration, The Consumer Product Safety Commission, 
        and the U.S. Department of Commerce (Full Commerce, Science, 
        and Transportation Committee)
2016
        July 13, 2016--NASA at a Crossroads: Reasserting American 
        Leadership in Space Exploration
2015
        February 24, 2015--U.S. Human Exploration Goals and Commercial 
        Space Competitiveness

        March 12, 2015--Examining the President's Fiscal Year 2016 
        Budget Request for the National Aeronautics and Space 
        Administration
2014
        April 9, 2014--From Here to Mars

        April 16, 2014--Assured Access to Space (Subcommittee on 
        Strategic Forces)
2013
        March 20, 2013--Assessing the Risks, Impacts, and Solutions for 
        Space Threats

        April 23, 2013--Challenges and Opportunities for Human Space 
        Exploration

        May 16, 2013--Partnerships to Advance the Business of Space
2012
        March 6, 2012--Keeping America Competitive Through Investments 
        in R&D

        June 20, 2012--Risks, Opportunities, and Oversight of 
        Commercial Space

        July 25, 2012--The International Space Station: A Platform for 
        Research, Collaboration, and Discover (Full Commerce, Science, 
        and Transportation Committee)

        September 12, 2012--The Path from LEO to Mars
2011
        March 15, 2011--Realizing NASA's Potential: Programmatic 
        Challenges in the 21st Century (Full Commerce, Science, and 
        Transportation Committee)

        March 17, 2011--Investing in Federal R&D

        May 18, 2011--Contributions of Space to National Imperatives

        November 17, 2011--NASA's Human Space Exploration: Direction, 
        Strategy, and Progress
2010
        February 24, 2010--Challenges and Opportunities in the NASA 
        Fiscal Year 2011 Budget Proposal

        March 10, 2010--Advancing American Innovation and 
        Competitiveness (Full Commerce, Science, and Transportation 
        Committee)

        March 18, 2010--Assessing Commercial Space Capabilities

        May 12, 2010--The Future of U.S. Human Spaceflight (Full 
        Commerce, Science, and Transportation Committee)

        December 1, 2010--Transition and Implementation: The NASA 
        Authorization Act of 2010 (Full Commerce, Science, and 
        Transportation Committee)
2009
        May 21, 2009--NASA Fiscal Year 2010 Budget Request

        July 8, 2009--Nominations to NASA, The National Transportation 
        Safety Board, The Federal Maritime Commission, and the 
        Department of Transportation (Full Commerce, Science, and 
        Transportation Committee)

        September 16, 2009--Options from the Review of U.S. Human 
        Spaceflight Plans Committee

        October 21, 2009--The Case for Space: Examining the Value
2008
        February 27, 2008--A Review of NASA's Fiscal Year 2009 Budget 
        Request

        May 7, 2008--Reauthorizing the Vision for Space Exploration

        June 23, 2008--Preparing for the Workforce Transition at 
        Kennedy Space Center
2007
        February 28, 2007--NASA FY 2008 Budget (Full Commerce, Science, 
        and Transportation Committee)

        March 7, 2007--National Imperatives for Earth Science Research

        March 28, 2007--Transitioning to a Next Generation Human Space 
        Flight System

        June 7, 2007--Oversight Review of the Investigation of the NASA 
        Inspector General (Joint hearing with the Subcommittee on 
        Investigations and Oversight of the Committee of Science and 
        Technology--United States House of Representatives)

        July 11, 2007--U.S. Weather and Environmental Satellites: Ready 
        for the 21st Century? (Full Commerce, Science, and 
        Transportation Committee)

        November 15, 2007--Issues Facing the U.S. Space Program After 
        Retirement of the Space Shuttle
                                 ______
                                 
         Bill Nelson House of Representatives Floor Statements
House Addresses
1979
        March 28, 1979, supplemental appropriations

        April 30, 1979, inserted at keynote speech into the 
        Congressional Record

        July 20, 1979, anniversary of Apollo moon walk
1980
        June 13, 1980, NASA Authorization
1981
        June 23, 1981, NASA
1982
        May 13, 1982, NASA Authorization

        September 15, 1982, NASA funding
1983
        February 15, 1983, NASA

        April 26, 1983, NASA

        July 21, 1983, satellites

        November 14, 1983, satellites
1984
        January 5, 1984, Commercial Space Launch Act

        March 28, 1984, NASA

        May 23, 1984, satellites
1985
        January 18, 1985, Space Exploration Day

        January 26, 1985, satellite

        April 1, 1985, space commercialization

        April 3, 1985, NASA authorization

        April 24, 1985, Space Tax Investment Equity Act

        April 30, 1985, international cooperation

        May 1, 1985, space cooperation

        May 14, 1985, space technology

        July 17, 1985 Apollo-Soyuz

        July 26, 1985, International Space Year

        November 20, 1985, NASA Authorization Act

        December 19, 1985, NASA--Columbia
1986
        January 28, 1986, Challenger

        January 29, 1986, Challenger

        February 4, 1986, Challenger

        March 10, 1986, Challenger II

        April 8, 1986, Sharon C. McAuliffe

        April 28, 1986, Young Astronaut Program Medal Act

        August 11, 1986, NASA

        August 12, 1986, NASA

        August 14, 1986, Space Shuttle program

        August 15, 1986, Assured Access to Space Act

        October 17, 1986, Children's Challenger Center for Space 
        Science

        October 18, 1986, NASA Appropriations

        September 25, 1986, NASA appropriations
1987
        January 9, 1987, NASA

        January 22, 1987, space

        January 28, 1987, Challenger Accident Commemoration

        February 3, 1987, National Challenger Center Day

        March 4, 1987, Kennedy Space Center

        December 15, 1987, space policy
1988
        January 2, 1988, NASA

        January 22, 1988, space station

        May 24, 1988, space policy

        May 25, 1988, NASA

        October 13, 1988, Discovery Space Shuttle

        October 21, 1988, space policy
1989
        May 4, 1989, Magellan Mission to Venus

        July 19, 1989, satellites

        September 21, 1989, NASA

        September 26, 1989, commercial space

        November 2, 1989, Galileo
1990
        September 28, 1990, NASA

        October 7, 1990, NASA

        October 25, 1990, NASA Appropriations

    The Chairwoman. Thank you. Thank you, thank you, Senator 
Nelson. Thank you for your enthusiasm and your passion. We 
definitely feel it and we think it will be put to good use.
    We will now turn to Ms. Khan for her statement. Again, 
welcome, welcome to your family. Thank you so much for your 
willingness to serve.

STATEMENT OF LINA M. KHAN, NOMINEE TO BE COMMISSIONER, FEDERAL 
                        TRADE COMMISSION

    Ms. Khan. Chair Cantwell, Ranking Member Wicker, and 
members of the Committee, thank you for the opportunity to be 
here today, especially with such esteemed panelists.
    I am deeply honored to have been nominated by President 
Biden to serve as a Commissioner of the Federal Trade 
Commission. And I am so grateful to my family, friends, 
colleagues, and mentors, and students for their encouragement 
and support. I would especially like to recognize my parents, 
my brother, and my husband, who are here with me today, and my 
other brother, parents-in-law, and grandmother, who are all 
watching online.
    For the last decade, I have focused on studying and 
investigating markets across our economy and examining the laws 
that enable honest and fair competition. I first started this 
work as a journalist and policy analyst, where my job was to 
document the state of competition across industries and to 
uncover the abusive business practices that excessive 
concentration can enable. I spent years studying markets 
ranging from chicken farming and airlines to aluminum and book 
publishing and learning from entrepreneurs and small businesses 
about the obstacles that they face. This work taught me the 
importance of fair competition, and the critical role that the 
antitrust laws play in encouraging business dynamism and 
promoting widespread prosperity.
    I have built on this work as a legal scholar, where my 
focus has been to examine the history of America's antimonopoly 
laws. This history reveals our long tradition of safeguarding 
core liberties through promoting competitive markets, and the 
wide arsenal of tools we have used to protect our economy and 
our democracy from unchecked monopoly power. Studying this 
tradition lets us mine our past for lessons we can apply when 
navigating challenges today.
    I have also had the chance to work on competition issues 
through government service, first at the Federal Trade 
Commission and, most recently, as counsel to the House 
Judiciary Committee's Subcommittee on Antitrust, Commercial, 
and Administrative Law. While in the House I helped lead a 16-
month bipartisan investigation into digital markets, a top-to-
bottom empirical review of how these markets are functioning. 
Pursuing this investigation underscored the important work that 
enforcers and lawmakers must do to ensure that longstanding 
laws are keeping pace with new technologies and reflecting 
current business realities.
    Congress created the Federal Trade Commission to serve as a 
guardian of fair competition and to protect consumers, workers, 
and honest businesses from unfair and deceptive trade 
practices. If confirmed, I look forward to working with my 
fellow Commissioners, the career staff, this committee, and the 
broader public to pursue the agency's mission with vigor and a 
deep commitment to serving the American public. Thank you, and 
I look forward to your questions.
    [The prepared statement and biographical information of Ms. 
Khan follow:]

    Prepared Statement of Lina M. Khan, Nominee to be Commissioner, 
                        Federal Trade Commission
    Chair Cantwell, Ranking Member Wicker, and members of the 
Committee: thank you for the opportunity to be here today.
    I am deeply honored to have been nominated by President Biden to 
serve as a Commissioner of the Federal Trade Commission.
    And I am so grateful to my family, friends, colleagues, and mentors 
for their encouragement and support. I'd especially like to recognize 
my parents and my husband, who are here with me today, and my brothers, 
parents-in-law, and grandmother, who are all watching online.
    For the last decade, I have focused on studying and investigating 
markets across our economy and examining the laws that enable honest 
and fair competition.
    I first started this work as a journalist and policy analyst, where 
my job was to document the state of competition across industries and 
to uncover the abusive business practices that excessive market 
concentration can enable. I spent years studying markets ranging from 
chicken farming and airlines to aluminum and book publishing, and 
learning from entrepreneurs and small businesses about the obstacles 
that they face. This work taught me the importance of fair competition, 
and the critical role that the antitrust laws play in encouraging 
business dynamism and promoting widespread prosperity.
    I have built on this work as a legal scholar, where my focus has 
been to examine the history of America's antimonopoly laws. This 
history reveals our long tradition of safeguarding core liberties 
through promoting competitive markets, and the wide arsenal of tools we 
have used to protect our economy and our democracy from unchecked 
monopoly power. Studying this tradition lets us mine our past for 
lessons we can apply when navigating challenges today.
    I have also had the chance to work on competition issues through 
government service, first at the Federal Trade Commission and, most 
recently, as counsel to the House Judiciary Committee's Subcommittee on 
Antitrust, Commercial, and Administrative Law. While in the House I 
helped lead a 16-month bipartisan investigation into digital markets, a 
top-to-bottom empirical review of how these markets are functioning. 
Pursuing this investigation underscored the important work that 
enforcers and lawmakers must do to ensure that longstanding laws are 
keeping pace with new technologies and reflecting current business 
realities.
    Congress created the Federal Trade Commission to serve as a key 
guardian of fair competition and to protect consumers, workers, and 
honest businesses from unfair and deceptive trade practices.
    If confirmed, I look forward to working with my fellow 
Commissioners, the career staff, this Committee, and the broader public 
to pursue the agency's mission with vigor and a deep commitment to 
serving the American public.
    Thank you, and I look forward to your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Lina Khan.
    2. Position to which nominated: Commissioner, Federal Trade 
Commission.
    3. Date of Nomination: March 24, 2021.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: 435 West 116th Street, New York, NY, 10027

    5. Date and Place of Birth: March 3, 1989; London, UK.
    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: Shah Ali, Faculty (Assistant Instructor), University of 
        Texas Southwestern Medical Center

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

        Williams College, B.A., 2010
        Yale Law School, J.D., 2017

    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.

        Columbia Law School, Associate Professor, 2020 to present

        U.S. House Committee on the Judiciary, Counsel, 2019-2020

        Columbia Law School, Academic Fellow, 2018-2019

        Federal Trade Commission, Legal Fellow, 2018

        Open Markets Institute, Legal Director, 2017-2018

        Yale University, Graduate Teaching Assistant, 2016

        Consumer Financial Protection Bureau, Enforcement Intern, 
        Summer 2016

        Cohen Milstein Sellers & Toll, Summer Associate, Summer 2016

        Gupta Wessler, Summer Associate, Summer 2015

        New America, Open Markets Program, Policy Analyst, 2011-2014

        Center for Strategic & International Studies, Intern, 2011

        White & Case, Legal Assistant, 2010

    9. Attach a copy of your resume.
    See attachment.
    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 ten 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 ten years.

        Fellow, Information Society Project, 2014-2017 (unpaid)
        Fellow, Open Markets Program, New America, 2014-2017 (unpaid)

    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). Include dates of membership and any positions you have 
held with any organization. Please note whether any such club or 
organization restricts membership on the basis of sex, race, color, 
religion, national origin, age, or disability.

        Member, New York State Bar Association, 2020 to present

    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt. No.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities.
    I served as policy director on the campaign of Zephyr Teachout for 
Governor of New York in 2014 in an unpaid, volunteer capacity. My 
responsibilities included researching and writing up the candidate's 
policy positions and briefing the candidate on various policy issues.
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years. None.
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.
Awards:
   2020 Antitrust Writing Award for ``Best General Antitrust 
        Academic Article''

   Jerry S. Cohen Memorial Fund Writing Award for ``Best 
        Antitrust Article of 2019 on Remedies''

   2018 Antitrust Writing Award for ``Best Academic Unilateral 
        Conduct Article''

   Israel H. Peres Prize for best Note or Comment appearing in 
        the Yale Law Journal (2017)

   Michael Egger Prize for best Yale Law Journal Note on 
        current social problems (2017)

   Arthur B. Graves Essay Prize for best essay in political 
        theory (2010)
Scholarship:
   Reinhardt Fellow 2016-2017, scholarship for demonstrated 
        commitment to public interest law
Other Recognition:
   TIME Magazine 100 Next (2021)

   Washingtonian 40 Under 40 (2020)

   National Journal 50 (2019)

   TIME Magazine ``Next Generation Leader'' (2019)

   Wired25 (2019)

   The Prospect ``Top 50 Thinkers'' (2019)

   Foreign Policy ``Global Thinkers'' (2018)

   Politico 50 (2018)

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. 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.
Academic Publications:
   The End of Antitrust History Revisited, 133 Harvard Law 
        Review 1655 (2020)

   The Case for ``Unfair Methods of Competition'' Rulemaking, 
        87 University of Chicago Law Review 357 (2020) (with Rohit 
        Chopra)

   Comment on Daniel A. Crane's ``A Premature Postmortem on the 
        Chicago School of Antitrust,'' Business History Review, Vol. 
        93, Issue 4 (2020)

   A Skeptical View of Information Fiduciaries, 133 Harvard Law 
        Review 497 (2019) (with David E. Pozen)

   The Separation of Platforms and Commerce, 119 Columbia Law 
        Review 973 (2019)

   The Ideological Roots of America's Market Power Problem, 127 
        Yale Law Journal Forum 960 (2018)

   Sources of Tech Platform Power, 2 Georgetown Law & 
        Technology Review 325 (2018)

   The New Brandeis Movement: America's Antimonopoly Debate, 9 
        Journal of European Competition Law & Policy 3 (Mar. 2018)

   Amazon's Antitrust Paradox, 126 Yale Law Journal 710 (2017)

   Market Power and Inequality, 11 Harvard Law & Policy Review 
        234 (2017) (with Sandeep Vaheesan)

   Arbitration as Wealth Transfer, 35 Yale Law & Policy Review 
        101 (2017) (with Deepak Gupta)

   Market Structure and Political Law: A Taxonomy of Power, 9 
        Duke Journal of Constitutional Law & Public Policy 37 (2014) 
        (with Zephyr Teachout)
Shorter Articles, Op-Eds, Blog Posts:
   Symposium: A Skeptical View of Information Asymmetries, Law 
        & Political Economy Blog (May 28, 2019) (with David E. Pozen)

   How to Fix America's Monopoly Problem, Take Care Blog (Dec. 
        18, 2018)

   Khan on Ohio v. American Express, Law & Political Economy 
        Blog (July 30, 2018)

   America Has a Major Market Power Problem and SCOTUS Just 
        Made It Worse, Take Care Blog (July 5, 2018)

   The Supreme Court just quietly gutted antitrust law, Vox 
        (July 3, 2018)

   The Supreme Court Case That Could Give Tech Giants More 
        Power, N.Y. Times (Mar. 2, 2018)

   Amazon Bites Off More Monopoly Power, N.Y. Times (June 21, 
        2017)

   New Tools to Promote Competition, Democracy Journal (Fall 
        2016)

   Restoring Competition in the U.S. Economy, in Untamed (June 
        2016) (Roosevelt Institute ed.) (with K. Sabeel Rahman

   How to reboot the FTC, Politico (Apr. 13, 2016)

   Arbitration as Wealth Transfer, ACS Issue Brief (Feb. 2016) 
        (with Deepak Gupta)

   Antitrust laws need to be enforced better. Here's how, 
        Washington Post (Oct. 28, 2015)

   The government says airlines prey on consumers. That's the 
        government's fault, Washington Post (July 9, 2015)

   CFPB Shows That Arbitration Doesn't Work for Consumers, 
        Washington Monthly (Mar. 17, 2015)

   The Age of Amazon is Upon Us, Salon (Jan. 16, 2015)

   What everyone's getting wrong about Amazon, Quartz (Oct. 17, 
        2014)

   Thrown Out of Court, Washington Monthly (June-Aug. 2014)

   How America Became Uncompetitive and Unequal, Washington 
        Post (June 13, 2014) (with Sandeep Vaheesan)

   A Remedy for the Amazon-Hachette Fight?, CNN (May 30, 2014)

   No Exit: The Digital Edition, The American Prospect (Mar. 5, 
        2014)

   This lawsuit threatens to end Walmart's exploitative ways, 
        Quartz (Feb. 7, 2014)

   Why you might pay more than your neighbor for the same item, 
        Quartz (Jan. 19, 2014)

   The Rise of Big Chocolate, Foreign Policy (Nov. 12, 2013)

   Why So Little Candy Variety? Blame the Chocolate Oligopoly, 
        Time Magazine (Nov. 1, 2013)

   The Fed is about to make owning physical assets a game all 
        banks can play, Quartz (Oct. 23, 2013)

   The Folks Who Sell Your Corn Flakes Are Acting Like Goldman 
        Sachs, The New Republic (Sept. 11, 2013)

   The Fed Could Still Let Wall Street Sneak Back Into the 
        Commodities Business, Mother Jones (Aug. 8, 2013)

   Seed Money, Slate (July 23, 2013) (with Barry C. Lynn)

   Is the government helping speculators manipulate grain 
        futures?, Salon (May 28, 2013)

   JP Morgan Gets a Big Holiday Gift from the SEC, New Republic 
        (Dec. 31, 2012)

   Obama's Game of Chicken, Washington Monthly (Nov./Dec. 2012)

   The Slow-Motion Collapse of Entrepreneurship, Washington 
        Monthly (July/Aug. 2012) (with Barry C. Lynn)

   Terminal Sickness: How a thirty-year-old policy of 
        deregulation is slowly killing America's airline system, 
        Washington Monthly (Mar./Apr. 2012) (with Phillip Longman)
Speeches and Panel Discussions:
   Yale Law School, Information Society Project, The Crisis of 
        the Press and the Democracy (Panelist, Mar. 2021)

   Consumer Law Scholars Conference, Essential Platforms 
        (Discussant, Mar. 2021)

   Law & Economics Conference at Sciences Po Law School, A New 
        Era in Antitrust (Panelist, Jan. 2021)

   Istanbul Competition Forum, Competition Issues in Digital 
        Markets (Keynote, Dec. 2020)

   OECD Global Forum for Competition, Abuse of Dominance and 
        Theories of Harm (Panelist, Dec. 2020)

   New York Times DealBook Forum, Future of Big Tech (Panelist, 
        Dec. 2020)

   University of Berkeley, American Constitution Society, 
        Antitrust Law (Discussant, Nov. 2020)

   American Bar Association, Antitrust Fall Forum (Panelist, 
        Nov. 2020)

   Stanford University, Technology and the 2020 Election 
        (Speaker, Oct. 2020)

   Oxford University, Digital Platforms & Ecosystems (Panelist, 
        Oct. 2020)

   Concurrences, U.S. Antitrust Takes Big Steps: How to Read 
        That in Europe? (Discussant, Oct. 2020)

   Knight First Amendment Institute, Market Power and Freedom 
        of Expression (Panelist, Nov. 2019)

   Committee on Science, Technology, and Law of the National 
        Academies of Sciences, Engineering, and Medicine, 38th Meeting, 
        U.S. and International Legal and Policy Efforts to Address 
        Platform Concerns (Presenter, Oct. 2019)

   University of Utah, New Approaches to Antitrust (Panelist, 
        Oct. 2019)

   American Constitution Society, A Progressive Economic Agenda 
        (Panelist, Oct. 2019)

   Columbia University, Progressivism, Socialism, or 
        Nationalism? (Presenter, Oct. 2019)

   Georgetown Law School, Law and Macroeconomics (Presenter, 
        Sept. 2019)

   Annual Meeting of the Academy of Management, Power and 
        Inequality in a World of Platform and Ecosystems (Panelist, 
        Aug. 2019)

   Aspen Institute, When Is ``Big'' Too Big? (Interview, June 
        2019)

   Women's Competition Network, ABA Antitrust Spring Meeting 
        (Keynote, Mar. 2019)

   Roosevelt Institute, Bold vs. Old (Panelist, Mar. 2019)

   PubWest, Annual Conference (Keynote, Feb. 2019)

   Yale Law School, Law & Political Economy (Participant, Jan. 
        2019)

   CRA Annual Brussels Conference, Economic Developments in 
        Competition Policy, 2018 (Panelist, Dec. 2018)

   UC Irvine Law, Competition, Antitrust Law, and Innovation 
        Forum Workshop (Presenter, Oct. 2018)

   Stigler Center at the University of Chicago Booth School, 
        Digital Platforms and Concentration (Panelist, Apr. 2018)

   Yale Law School, Law and the Political Economy of Technology 
        (Workshop Participant, Apr. 2018)

   American Constitution Society, A Progressive Vision for 
        Antitrust (Panelist, Mar. 2018)

   Council of Institutional Investors, Understanding Investor 
        Risks at Amazon.com, Inc. (Speaker, Mar. 2018)

   EU@SXSW, Addressing Antitrust and Competition in the Digital 
        Economy (Panelist, Mar. 2018)

   Georgetown University Law School, The Governance and 
        Regulation of Information Platforms (Panelist, Feb. 2018)

   Stanford University Wesson Discussion Seminar, The Curse of 
        Bigness Revisited (Panelist, Feb. 2018)

   Vanderbilt Law School, The New Infrastructure (Presenter, 
        Feb. 2018)

   Consumer Privacy Data Protection in Brussels, Privatization 
        of Privacy: Freedom and Democracy and the Threat of Global Tech 
        Monopolies (Panelist, Jan. 2018)

   Association of American Law Schools, Annual Meeting, 
        Politics in Antitrust (Panelist, Jan. 2018)

   The Capitol Forum, United States Monopolization Law: What 
        Are the Challenges to Enforcement and Can They Be Overcome? 
        (Panelist, Dec. 2017)

   Williams College, America's Monopoly Problem (Speaker, Dec. 
        2017)

   Harvard Kennedy School, Open Markets and the Monopoly Power 
        of Platforms (Speaker, Dec. 2017)

   Tulane University School of Law, ClassCrits X Conference, 
        Wielding the Antitrust Tool (Panelist, Nov. 2017)

   Open Markets Institute, Is Big Tech an Existential Threat? 
        (Panelist, Nov. 2017)

   Transatlantic Digital Debates, Platforms and Competition 
        (Speaker, Nov. 2017)

   The Roosevelt Institute, Market Power Rising (Panelist, 
        Sept. 2017)

   Washington Center for Equitable Growth, Amazon's Antitrust 
        Paradox (Speaker, Sept. 2017)

   Democracy Fund, The Platforms: Media, Commerce, and Social 
        Life (Panelist, Aug. 2017)

   Association for the Promotion of Political Economy and the 
        Law, Regulating Market Power (Panelist, June 2017)

   Digital Content Next Legal & Legislative Day, Platforms 
        (Panelist, June 2017)

   The People's Summit, Winning the Battle for the Internet 
        (Panelist, June 2017)

   American Constitution Society National Convention, A Second 
        Gilded Age: The Consolidation of Wealth and Corporate Power 
        (Panelist, June 2017)

   Personal Democracy Forum, Technopoly and Its Discontents: 
        What to Do About Big Media Platforms? (Panelist, June 2017)

   Stigler Center at the University of Chicago Booth School, Is 
        There a Concentration Problem in America? (Panelist, Mar. 2017)

   Yale Law School, Rebellious Lawyering Conference, 
        Challenging Concentrated Corporate Power (Moderator, Feb. 2017)

   Yale Law School, Yale Law Journal Student Workshop 
        (Presenter, Oct. 2016)

   Loyola University Chicago School of Law, ClassCrits IX 
        Conference, Markets and Methods (Panelist, Oct. 2016)

   Capitol Forum and George Washington Institute for Public 
        Policy, Dominant Platforms Under the Microscope: Policy 
        Approaches in the U.S. and EU (Moderator, Sept. 2016)

   Netroots Nation, How the Next President Can Tackle Corporate 
        Power (Panelist, July 2016)

   New America, America's Monopoly Problem (Panelist, June 
        2016)

   SHELTER Talks New York, America's Monopoly Problem: How 
        Antitrust Went Bust (Speaker, June 2016)

   New America, Amazon's Book Monopoly (Panelist, Jan. 2016)

    18. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.

        Twitter: @linamkhan (active)

        Facebook: Lina Khan (dormant)

        Instagram: @linamkhan (dormant)

    19. 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.

   House Judiciary Committee, Briefing, ``The Impact of 
        Dominant Internet Platforms on Competition, Innovation, and 
        Democracy'' (Nov. 2017)
   House Judiciary Committee, Briefing, ``Competition and 
        Corporate Power'' (Oct. 2017)

    20. 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?
    Over the last decade, my work has focused on examining business 
practices that can impair fair competition, with the effect of 
hindering entrepreneurship, stunting investment, retarding innovation, 
undermining resiliency, and impeding widespread prosperity. Through 
this work, I have become very familiar with the FTC's legal authorities 
and its history of policing unfair methods of competition and targeting 
deceptive conduct. In my prior role at the FTC, I focused on exploring 
how the agency could use its existing authorities to promote 
predictability, efficiency, and transparency. Additionally, my time 
serving as counsel to the House Judiciary Committee's Subcommittee on 
Antitrust, Commercial, and Administrative Law involved a rigorous 
review of the FTC's record, which deepened my understanding of the 
Commission's responsibilities and challenges.
    The FTC was designed to serve as a key guardian of fair competition 
and to protect consumers, and I believe it is incumbent on the agency 
to fulfill the full scope of its statutory mission and obligations. I 
am honored to be considered for a role as FTC Commissioner, and--if I 
am confirmed by the Senate--I hope to work with my fellow Commissioners 
to ensure the agency serves as an effective steward of the public trust 
and welfare.
    21. 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?
    Commissioners are charged with identifying agency priorities and 
ensuring the agency is fulfilling its statutory obligations through 
effective and efficient use of public resources. I believe that 
continuous oversight of the agency's management and accounting controls 
is an important part of ensuring the agency's ultimate success. If 
confirmed, I would leverage my experience conducting oversight of the 
FTC to ensure resource allocations and priorities are aligned with 
statutory goals. I would also carefully review any deficiencies 
identified by Congress, the Inspector General, and others and seek to 
take corrective actions as appropriate.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    First, the Commission should ensure that its approach to 
identifying unfair or deceptive conduct reflects analytic rigor and a 
strong grasp of empirical realities. Growing digitization across the 
economy requires that the FTC keep pace with evolving business 
practices and emerging technologies. In certain instances, this will 
require the agency to revisit its approach to assessing legal 
violations and identifying appropriate remedies to ensure that 
consumers, workers, and any other victims of unlawful conduct are 
protected.
    Second, the Commission should have the ability to enjoin 
lawbreaking and secure redress for victims of illegal activity. The FTC 
has traditionally used its Section 13(b) authority to prevent unlawful 
conduct and obtain monetary relief, but several appellate courts have 
undermined this authority, which the Supreme Court is now reviewing. 
Further weakening of this authority would likely limit the FTC's 
ability to secure monetary redress and to ensure that entities do not 
profit from lawbreaking.
    Third, the Commission should restore confidence in the agency's 
enforcement decisions and capacities. Over the last decade, repeat 
violations of FTC orders and uneven enforcement have undermined public 
trust in the Commission. Restoring its credibility will require a 
willingness to learn from new evidence and updating the Commission's 
approach accordingly.
                   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.

  a.  Columbia University Retirement Savings Plan: I will continue to 
        participate in this defined contribution plan, but neither I 
        nor the plan sponsor will make contributions during the course 
        of my government service.

  b.  New America TIAA Retirement Account: I will continue to 
        participate in these defined contribution plans, but the plan 
        sponsor no longer makes contributions.

  c.  Columbia University: I am currently receiving rental assistance 
        from Columbia University but Columbia University will cease 
        making these payments once I begin my leave of absence. While I 
        do not currently receive any of the following benefits, 
        consistent with Columbia's leave of absence policy, during my 
        two-year leave of absence I am eligible to live in Columbia 
        Residential apartments, I am eligible to receive mortgage 
        assistance, and I am eligible for child care benefits (child 
        care assistance and tuition assistance). If I am granted an 
        extension of my leave of absence beyond two years, I will not 
        receive any benefits beyond the two-year leave of absence.

    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.
    I will take an unpaid, two-year leave of absence from my faculty 
position, Associate Professor of Law, at Columbia Law School, Columbia 
University. Leave is typically granted for two years but can be 
extended.
    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. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the U.S. Office of Government Ethics and the Federal Trade Commission's 
Designated Agency Ethics Official to identify potential conflicts of 
interest. If confirmed, 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. 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 ten 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. Explain how you will resolve 
each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the U.S. Office of Government Ethics and the Federal Trade Commission's 
Designated Agency Ethics Official to identify potential conflicts of 
interest. If confirmed, 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. I am not aware of any other potential conflicts of interest.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the U.S. Office of Government Ethics and the Federal Trade Commission's 
Designated Agency Ethics Official to identify potential conflicts of 
interest. If confirmed, 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. I am not aware of any other potential conflicts of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, 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.
    As counsel to the House Judiciary Committee, my responsibilities 
included providing substantive advice and technical assistance to 
members of Congress on potential legislative reforms to the antitrust 
laws and oversight of Federal agencies. As legal director of the Open 
Markets Institute, I was solicited by congressional staffers to provide 
substantive advice and technical assistance relating to the 
administration and execution of antitrust laws and competition policy.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.
    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 or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal 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. No.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? Yes.
    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? Yes.
    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.
                                 ______
                                 
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                 

    The Chairwoman. Thank you, Ms. Khan, and again, thank you 
for your willingness to serve in this capacity.
    Ms. Kiernan, again, thank you, welcome. We look forward to 
hearing your remarks.

STATEMENT OF LESLIE B. KIERNAN, NOMINEE TO BE GENERAL COUNSEL, 
                  U.S. DEPARTMENT OF COMMERCE

    Ms. Kiernan. Chair Cantwell, Ranking Member Wicker, and 
Members of the Committee, I am honored to appear before you 
today as President Biden's nominee to serve as General Counsel 
of the Department of Commerce. I am grateful for and humbled by 
the trust and confidence that President Biden and Secretary 
Raimondo have placed in me. If confirmed, I will work hard to 
justify that trust.
    I would also like to thank the Committee for considering my 
nomination, and I appreciate the opportunity I have had to meet 
with members of your staff before this hearing. I want to thank 
Secretary Pritzker for those very gracious remarks. I 
appreciate her support and value her friendship. I also want to 
thank my husband Paul and our four children, Caroline, Kate, 
Christopher, and William for their encouragement and support.
    The Department of Commerce has approximately 47,000 
employees working across a wide range of offices and bureaus. 
The people of the Commerce Department are working on 
communications policy, international trade, weather, fisheries, 
and patents. They help foster innovation by setting standards 
and conducting foundational research. They are united by their 
mission of promoting the conditions for economic growth and 
opportunity. Their work touches the lives of every American, 
probably every day.
    The Department's ability to fulfill its mission is 
critically important as the country seeks to recover from the 
economic damage caused by the pandemic and to protect American 
competitiveness from the unfair trade practices of China and 
other nations. Together with the more than 300 career lawyers 
and other professionals who make up the Office of General 
Counsel, the Commerce Department General Counsel plays a 
critical role in advancing the Department's mission by 
providing high quality legal advice and counsel to the 
Secretary and officials throughout the Department.
    As the Department's Chief Legal Officer, the General 
Counsel is responsible for ensuring that the laws Congress has 
enacted are faithfully implemented and enforced. The General 
Counsel represents the Department before other agencies, works 
with the Department of Justice to represent the Commerce 
Department in court, and provides leadership, guidance, and 
support to the many talented and committed lawyers who work at 
the Department.
    I believe my experience in the private sector and in 
government has prepared me for this position and given me an 
understanding of the appropriate role of a General Counsel. I 
have worked for over 30 years in private practice and in 
government. Early in my career I worked on the staff of the
    House Committee on Banking, Finance, and Urban Affairs. I 
have private practice and government experience in a wide range 
of legal matters, providing leadership and advice on 
litigation, enforcement, ethics, and compliance.
    I also had the privilege of serving as Deputy Counsel to 
the President in the Obama-Biden Administration, where I 
provided advice on a variety of legal, policy, and oversight 
issues and worked closely with the general counsels and other 
senior lawyers of departments and agencies throughout the 
government. I have seen how important it is that agencies work 
together and that everyone is guided by doing what the law and 
the Constitution require.
    Rigorous legal analysis and good lawyering are essential if 
government is to work best for the people. Through my 
experiences in government and in the private sector I have 
learned a lot about leadership, problem solving, and the 
importance of collaboration. I am a strong believer in teamwork 
and, if confirmed, pledge to seek opportunities to work closely 
with this committee and to be responsive to your requests for 
information and assistance.
    This is a particularly interesting and exciting time to 
work in the Commerce Department, as it supports innovation and 
opportunities for all Americans and businesses. The Department 
requires and deserves the best possible legal advice as it 
navigates the challenges it faces and the opportunities it is 
presented. If confirmed, I commit to you that I will do my best 
to provide that advice and counsel.
    Thank you again for the opportunity to appear before you. I 
look forward to your questions.
    [The prepared statement and biographical information of Ms. 
Kiernan follow:]

Prepared Statement of Leslie B. Kiernan, Nominee to be General Counsel, 
                      U.S. Department of Commerce
    Chair Cantwell, Ranking Member Wicker, and Members of the 
Committee, I am honored to appear before you today as President Biden's 
nominee to serve as General Counsel of the Department of Commerce. I am 
grateful for and humbled by the trust and confidence that President 
Biden and Secretary Raimondo have placed in me. If confirmed, I will 
work hard to justify that trust. I would also like to thank the 
Committee for considering my nomination, and I appreciate the 
opportunity I have had to meet with members of your staff before this 
hearing.
    I also want to thank my husband Paul and our four children, 
Caroline, Kate, Christopher, and William for their encouragement and 
support.
    The Department of Commerce has approximately 47,000 employees 
working across a wide range of offices and bureaus. The people of the 
Commerce Department are working on communications policy, international 
trade, weather, fisheries, and patents. They help foster innovation by 
setting standards and conducting foundational research. They are united 
by the mission of promoting the conditions for economic growth and 
opportunity. Their work touches the lives of every American--probably 
every day.
    The Department's ability to fulfill its mission is critically 
important as the country seeks to recover from the economic damage 
caused by the pandemic and to protect American competitiveness from the 
unfair trade practices from China and other nations.
    Together with the more than 300 career lawyers and other 
professionals who make up the Office of General Counsel, the Commerce 
Department General Counsel plays a critical role in advancing the 
Department's mission by providing high-quality legal advice and counsel 
to the Secretary and officials throughout the Department. As the 
Department's Chief Legal Officer, the General Counsel is responsible 
for ensuring that the laws Congress has enacted are faithfully 
implemented and enforced. The General Counsel represents the Department 
before other agencies, works with the Department of Justice to 
represent the Commerce Department in court, and provides leadership, 
guidance, and support to the many talented and committed lawyers who 
work at the Department.
    I believe my experience in the private sector and in government has 
prepared me for this position and given me an understanding of the 
appropriate role of a General Counsel. I have worked for over 30 years 
in private practice and in government. Early in my career I worked on 
the staff of the House Committee on Banking, Finance, and Urban 
Affairs. I have private practice and government experience in a wide 
range of legal matters, providing leadership and advice on litigation, 
enforcement, ethics, and compliance.
    I also had the privilege of serving as Deputy Counsel to the 
President in the Obama-Biden Administration, where I provided advice on 
a variety of legal, policy, and oversight issues and worked closely 
with the general counsels and other senior lawyers of departments and 
agencies through the government. I have seen how important it is that 
agencies work together and that everyone is guided by doing what the 
law and the Constitution require. Rigorous legal analysis and good 
lawyering are essential if government is to work best for the people.
    Through my experiences in government and in the private sector I 
have learned a lot about leadership, problem-solving, and the 
importance of collaboration. I am a strong believer in the importance 
of teamwork and, if confirmed, pledge to seek opportunities to work 
closely with this Committee and to be responsive to your requests for 
information and assistance.
    This is a particularly interesting and exciting time to work in the 
Commerce Department as it supports innovation and opportunities for all 
Americans and businesses. The Department requires and deserves the best 
possible legal advice as it navigates the challenges it faces and the 
opportunities it is presented. If confirmed, I commit to you that I 
will do my best to provide that advice and counsel.
    Thank you again for the opportunity to appear before you. I look 
forward to your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used):

        Leslie Berger Kiernan (Maiden name: Leslie Madeline Berger).

    2. Position to which nominated: General Counsel, Department of 
Commerce.
    3. Date of Nomination: March 16, 2021.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office Addresses: 1650 Pennsylvania Avenue, NW, Washington, 
        D.C. 20500; 1717 K Street, NW, Suite 900, Washington, D.C. 
        20006.

    5. Date and Place of Birth: February 26, 1959; New York, New York.
    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: Paul J. Kiernan, Holland & Knight LLP, Suite 1100, 800 
        17th Street, NW, Washington, D.C. 20006.
        Children: Caroline Kiernan (29), Katherine Kiernan (27), 
        Christopher Kiernan (24), William Kiernan (19).

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

        A.B. Political Science and History, Brown University (1981).
        J.D. cum laude, Georgetown University Law Center (1986).

    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.

        Special Counsel, Office of the White House Counsel, Executive 
        Office of the President, Washington, D.C. (February 2021 to 
        present).

        Managing Member, Kiernan PLLC, Washington, D.C. (April 2019 to 
        present).

        Senior Advisor, Biden Transition Project, Washington, D.C. 
        (July 2020-January 2021).

        Litigation Partner, Akin Gump Strauss Hauer & Feld LLP, 
        Washington, D.C. (July 2015-March 2019).

        Senior Advisor, U.S. Mission to UN, New York, New York 
        (September-December 2014).

        Consultant, White House Council on Women and Girls, Executive 
        Office of the President, Washington, D.C. (March 2014-June 
        2014).

        Deputy Counsel to the President, Office of the White House 
        Counsel, Executive Office of the President, Washington, D.C. 
        (August 2011-March 2014).

        Partner (1995-2011) and Associate (1988-1994) Zuckerman Spaeder 
        LLP, Washington, D.C. (August 1988-August 2011).

        Consultant, Office of the White House Counsel, Executive Office 
        of the President, Washington, D.C. (May-July 2009).

        Associate, Kirkland & Ellis, Washington, D.C. (October 1986-
        August 1988).

        Summer Associate, Wald Harkrader & Ross, Washington, D.C. 
        (1985).

        Summer Associate (June-August) and Law Clerk (September-May) 
        Sherman Meehan & Curtin, Washington, D.C. (Summer 1984-Spring 
        1985).

        Staff Assistant, U.S. House of Representatives, Committee on 
        Banking, Finance & Urban Affairs, Washington, D.C. (February 
        1982-August 1983).

        Waitress, restaurant in Closter, N.J. (June est. 1981-January 
        1982).

    9. Attach a copy of your resume.
    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 ten 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 ten years.
    In addition to the positions identified in response to item 8, 
above:

        Director, Children's National Medical Center, Washington, D.C. 
        (January 2017 to present).

        Director, Bearacuda RE (insurance subsidiary of Children's 
        National Medical Center), George Town, Cayman Islands (January 
        2016 to present).

        Director, Children's Law Center, Washington, D.C. (May 2017-May 
        2020)

        Trustee, D.C. Public Defender Service, Washington, D.C. 
        (October 2009-August 2011)

        Center Fellow, Partnership for Public Service, Center for 
        Presidential Transition, Washington, D.C. (December 2019 to 
        present)

    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). Include dates of membership and any positions you have 
held with any organization. Please note whether any such club or 
organization restricts membership on the basis of sex, race, color, 
religion, national origin, age, or disability.

        Maryland State Bar Association (1986 to present).

        District of Columbia Bar Association (1987 to present; listed 
        under maiden name).

        American Bar Association (various time periods prior to 2012; 
        2015-19).

        Chevy Chase Recreation Association (local swim and tennis club) 
        (1997 est. to present).

        Sulgrave Club (2020 to present) (women's club).

        St. Albans School Parents' Association (2008-2020), Chair, 
        Faculty Grant Committee (2016-20).

    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt.
    I have never been a candidate for elective office. In addition to 
the government positions identified in paragraph 8 above, I was 
nominated by President Obama to be the U.S. Representative to the U.N. 
for Management and Reform (PN 1116, 113th Cong.) Shortly after the 
nomination was submitted, the health condition of an immediate family 
member deteriorated and made it impossible for me to take on the 
position and I requested that the President withdraw the nomination. 
That formal notice of withdrawal was transmitted to the Senate on 
January 30, 2014.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities.

        Volunteer Advisor, Biden for President 2020, VP Selection 
        Vetting Team
        Volunteer, Clinton for President 2016, VP Selection Vetting 
        Team

    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years.

Biden for President                                                                         $2,800      4-27-20
Wexton for Congress                                                                           $500      3-13-20
Biden for President                                                                         $2,800       3-4-20
Hickenlooper for Colorado                                                                     $500      12-4-19
Kaine for Virginia                                                                          $1,000      9-23-19
Kaine for Virginia                                                                          $1,000      9-30-18
Rosen for Nevada                                                                              $500      4-23-18
Kaine for Virginia                                                                          $2,450      3-17-18
Gillibrand for Senate                                                                         $500     11-29-17
Delgado for Congress                                                                          $500      9-29-17
Wexton for Congress                                                                           $500      9-23-17
Luann Bennett for Congress                                                                  $2,000     10-18-16
Hillary Victory Fund                                                                        $5,400       9-6-16
Hillary for America                                                                         $2,700      6-30-16
Debbie Wasserman Schultz for Congress                                                         $500      3-25-16
Kathleen Matthews for Congress                                                              $1,000      3-24-16
Hillary for America                                                                         $2,700      2-12-16
Bennet Colorado Victory                                                                     $1,000      1-28-16
Bennet for Colorado                                                                         $1,000      1-28-16
Scott Peters for Congress                                                                   $1,000      9-21-15
Van Hollen for Senate                                                                         $500       4-7-15
Udall for Colorado                                                                            $500      7-24-13
Montanans for Tester                                                                        $1,000      6-27-11
Friends of Doug Gansler                                                                     $1,000       5-6-14
Re-Elect Brandon Todd                                                                         $500      12-3-19
Mendelson for Chairman 2018                                                                 $1,000      6-10-18
 

    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements. None.
    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. 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:
        ``The Criminal Enforcement of Federal Campaign Finance and 
        Election Laws: Chapter 18,'' Eleanor H. Smith, Steven M. Salky, 
        and Leslie Berger Kiernan, Thomson West's Political Activity, 
        Lobbying Laws and Gift Rules Guide 3d (multiple editions)

        ``Political Patronage and the Revolving Door: Chapter 14,'' 
        Eleanor H. Smith and Leslie Berger Kiernan, Thomson West's 
        Political Activity, Lobbying Laws and Gift Rules Guide 3d 
        (multiple editions)

        This handbook is updated annually to reflect new cases and 
        other changes in the law. I contributed to the above-referenced 
        chapters when I was in private practice during approximately 
        the time periods 2008-11 and 2015-19.
Speaking Engagements:
    I have not given formal speeches but have from time to time 
participated in panels and served as a guest speaker in academic 
settings (principally law school classes).\1\ Below is a list of those 
engagements I have been able to identify through a review of my 
records.
---------------------------------------------------------------------------
    \1\ When I served at USUN (September-December 2014) I was asked on 
occasion to deliver statements on behalf of the U.S. reflecting U.S. 
policy on matters on the agenda during the term of the General 
Assembly. I delivered some of these in the General Assembly and some in 
U.N. Committees. All of the texts were prepared by the State 
Department.

        Panelist, American Health Lawyers Association, ``Governance 
---------------------------------------------------------------------------
        Conflicts of Interest'' (October 13, 2020)

        Panel Moderator, Georgetown University Law Center, Journal of 
        National Security Law and Policy, ``Foreign Ties in the 
        National Security Context: The Politics & Policies of 
        Disclosure,'' (February 2018)

        Panel Moderator, Association of Corporate Counsel, National 
        Capital Region, Moderator, panels on Crisis Management 
        (September 2017), Lawyer as Witness (February 2016)

        Panelist, New York City Bar Association, 6th Annual White 
        Collar Crime Institute, panel on Congressional Investigations 
        (May 2017)

        Guest Speaker, U.S. Department of Justice, National Advocacy 
        Center, Public Corruption Seminar, Perspective of Defense 
        Lawyers (November 2016)

        Panelist, Virginia Journal of Criminal Law Symposium ``Complex 
        White Collar Litigation: Fraud and Compliance,'' (February 
        2016)

        Guest Speaker on Government Ethics, the Role of the White House 
        Counsel, the Role of Women in Law Firms, multiple occasions, 
        2014-2020 (Columbia Law School seminar, Harvard Law School 
        winter term course, University of Virginia Law School 
        symposium, Penn State Dickinson School of Law, University of 
        Georgia Law School)

        Podcast, Transition Lab, Partnership for Public Service, 
        ``Navigating the Screening Process for High Level Political 
        Appointees'' (June 22, 2020)

        Guest Speaker, TedX Stone Ridge School of the Sacred Heart 
        (Bethesda, MD), ``Taking Responsibility for Balance in Your 
        Life'' (Dec. 3, 2015)

    18. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.

        LinkedIn--www.linkedin.com/in/leslie-kiernan-1b9252116

    19. 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. None.
    20. 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?
    The General Counsel serves as chief legal advisor to the Secretary 
and Department leadership and as chief legal officer for the 
Department. The General Counsel's responsibilities include ensuring 
that the laws that Congress has enacted are faithfully implemented and 
enforced, advising on policies that further the Department's mission, 
promoting the rule of law, and providing leadership, guidance and 
support to the many talented and committed lawyers who work at 
Commerce.
    I believe my experience in the private sector and in government has 
prepared me for this position and given me an understanding of the 
appropriate role of a General Counsel. I have private practice and 
government experience in a wide range of legal matters, including 
litigation, enforcement, and compliance matters. In private practice, I 
have represented private companies, public agencies, and public 
officials in oversight matters, conducted internal investigations, 
provided strategic counsel, and helped entities design and implement 
compliance and ethics programs.
    As Deputy White House Counsel in the Obama-Biden Administration, 
and more recently as a Special Counsel in Biden-Harris Administration, 
I have provided advice on a variety of legal, risk-management, policy, 
and oversight issues. As a consultant to the White House Council on 
Women and Girls, I worked on the Summit for Working Families in the 
21st Century and sought to enhance leadership opportunities for women 
and girls in the public and private sectors. As a senior advisor at the 
U.S. Mission to the U.N., I provided advice on a variety of legal and 
management issues that arose during the 69th Session of the General 
Assembly.
    My experience also includes four years as a director at Children's 
National Medical Center, a Top-10 children's hospital and academic 
medical center. I chair the legal affairs, risk and compliance 
committee and serve on a number of other committees including audit, 
nominating and corporate governance, and special committees overseeing 
the hospital's recent merger, its governance restructuring, and IT and 
intellectual property matters.
    It would be an honor to serve and to bring my skills to bear to 
assist the Secretary and the Department in fulfilling its mission 
during this critical time.
    21. 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?
    The General Counsel is part of the senior leadership team whose 
responsibilities include ensuring that the Department complies with all 
applicable laws and regulations and manages the Department's resources 
and people to achieve organizational goals. I have substantial 
experience in the areas of government reform, accountability, and 
oversight. As a government lawyer, I have designed and implemented 
compliance programs and worked with inspectors general in various 
government agencies, with the Office of Special Counsel on 
whistleblower investigations and Hatch Act matters, and with the Office 
of Government Ethics. I have also served as a White House ethics 
official.
    I also developed substantial experience in risk management and 
governance from my service as a director, vice-chair and acting chair 
of the Board at Children's National. I was a key member of the 
management team as a partner at Zuckerman Spaeder, including holding 
positions as the first woman on the firm's executive committee and its 
partner compensation committee, and as the firm's hiring partner. I 
have managed teams of lawyers on numerous cases in private practice and 
had significant management responsibilities as Deputy White House 
Counsel. More recently, I have gained experience in managing my own law 
firm.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    I believe the biggest challenge facing the Department is to 
effectively address the economic damage caused by the pandemic. Sound 
implementation of applicable CARES Act and ARP Act grant-funding 
provisions, for example, will enable the Department to fulfill its 
mission to spur good paying jobs and grow the economy, particularly in 
those regions and among those communities hardest hit by the pandemic. 
In addition, it will also give the American people faith in the 
government's ability to work for them especially during times of 
crisis.
    Second, the Department must continue to work to protect American 
competitiveness in global markets and national security by promoting 
trade and enforcing trade agreements, export-control laws and laws 
against unfair trade practices.
    Third, like all government agencies and businesses throughout the 
country, the Department should work to ensure that its IT, 
cybersecurity posture and infrastructure are strong enough to allow it 
to meet its responsibilities.
                   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. None.
    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. Kiernan PLLC, a professional limited-liability corporation in 
the District of Columbia of which I am the sole proprietor, will be 
inactive during my government service.
    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. Explain how you will 
resolve each potential conflict of interest.
    All potential conflicts of interest of which I am aware are 
described in my ethics agreement, which I understand has been provided 
to the Committee. I consulted with ethics officials at the Department 
of Commerce and the Office of Government Ethics in connection with my 
nomination. If an actual or potential conflict arises during my 
appointment, I will consult with ethics officials at the Department of 
Commerce and take actions necessary to resolve the conflict.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten 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. Explain how you will resolve 
each potential conflict of interest.
    I am not aware of any such possible conflict other than those 
addressed by my ethics agreement. I have consulted with ethics 
officials at the Department of Commerce and the Office of Government 
Ethics in connection with my nomination. If an actual or potential 
conflict arises during my appointment, I will consult with ethics 
officials at the Department of Commerce and take actions necessary to 
resolve the conflict.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    I am not aware of any other potential conflicts of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, 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 not engaged in any such activity.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group?
    No.
    If yes:

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.

    Not applicable.
    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, not applicable.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain.
    No, not applicable.
    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, not applicable.
    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, not applicable.
    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, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistleblowers from reprisal for 
their testimony and disclosures? Yes.
    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 Leslie B. Kiernan
EXPERIENCE
THE WHITE HOUSE, EXECUTIVE OFFICE OF THE PRESIDENT
SPECIAL COUNSEL, OFFICE OF THE WHITE HOUSE COUNSEL
FEBRUARY 2021-PRESENT

   Serve as senior advisor to White House Counsel and Director 
        of Presidential Personnel

KIERNAN PLLC, WASHINGTON, DC
FOUNDING PARTNER APRIL 2019-PRESENT

   White-collar, civil-litigation, and strategic counseling for 
        individuals and businesses, including representations of

     Multiple current and former government officials in 
            government investigations and confirmation-related matters

     Government-advisory firm in federal-court lawsuit

     Businesses and individuals in COVID-19 legal matters

     Trade association in civil litigation in Federal court 
            regarding False Claims Act and as amicus in U.S. Supreme 
            Court regarding Affordable Care Act

     Business in acquisition of commercial property in U.S. 
            Virgin Islands and negotiation of multiple agreements with 
            government and not-for-profit entities regarding economic 
            re-covery efforts

     Government-advisory firm and multinational corporation 
            in compliance matters

BIDEN TRANSITION PROJECT, WASHINGTON, DC
SENIOR ADVISOR JULY 2020-JANUARY 2021

   Advise Office of General Counsel and Transition leadership 
        on various legal, government ethics, and compliance matters

AKIN GUMP STRAUSS HAUER & FELD, WASHINGTON, DC
LITIGATION PARTNER JULY 2015-MARCH 2019

   White-collar and civil-litigation practice for individuals 
        and businesses

     Represent trade association in congressional 
            investigations and litigation matters and in amicus briefs 
            in Federal district and appellate courts in Affordable Care 
            Act lawsuits

     Represent health insurers in Affordable Care Act 
            lawsuits

     Represent device manufacturer in HHS/CMS litigation

     Represent international financial institution in 
            congressional-oversight investigations and advise on 
            conflicts of interest and related matters

     Represent current and former government officials in 
            investigative and civil matters

     Represent Cabinet and sub-Cabinet officials and White 
            House officials in ethics and confirmation-related matters

MISSION TO THE UNITED NATIONS, DEPARTMENT OF STATE
SENIOR ADVISOR
SEPTEMBER 2014-DECEMBER 2014

   Nominated by President Obama to serve as Alternate 
        Representative of the United States to the 69th Session of the 
        UN General Assembly

   Represent U.S. in conferences and meetings and before the 
        General Assembly

   Advise on variety of legal and policy issues

THE WHITE HOUSE, EXECUTIVE OFFICE OF THE PRESIDENT
DEPUTY COUNSEL TO THE PRESIDENT, OFFICE OF THE WHITE HOUSE COUNSEL
AUGUST 2011-MARCH 2014

   Advise White House officials on wide range of compliance, 
        risk-management, oversight, public-private partnership, public 
        policy, and other legal matters

   Liaison to Executive Branch and independent agencies on 
        variety of legal matters

   Develop and oversee implementation of legal compliance and 
        ethics programs for White House and serve as senior White House 
        ethics official

   Counsel to Office of the First Lady

CONSULTANT, WHITE HOUSE COUNCIL ON WOMEN AND GIRLS (MARCH-JUNE 2014)

   Advise and serve as liaison with government and 
        nongovernment stakeholders on issues related to women in 
        corporate leadership for Summit on Working Families in the 21st 
        Century

ZUCKERMAN SPAEDER LLP, WASHINGTON, DC (1988-2011)
LITIGATION PARTNER JANUARY 1995-AUGUST 2011
LITIGATION ASSOCIATE AUGUST 1988-DECEMBER 1994

   White-collar-criminal and civil-litigation practice for 
        individuals and businesses

     Conduct internal investigation for university into 
            allegations of financial impropriety

     Conduct internal investigation for Maryland agency 
            into allegations of financial impro-priety

     Represent large law firm in Inspector General 
            investigation

     Represent former bank president in criminal, 
            regulatory and shareholder litigation

     Represent public-relations firm in Foreign Agents 
            Registration Act investigation

     Represent former financial institution CFO in multiple 
            enforcement and civil proceedings

     Represent international labor union in congressional, 
            civil and criminal proceedings

   Representation of Members of Congress, Executive Branch 
        employees, and Federal employees in Independent Counsel, 
        Congressional, and Justice Department investigations

     Represent Members of Congress in ethics-committee 
            investigations

     Represent former Congressman in Department of Justice 
            investigation

     Represent multiple White House staff members in 
            Whitewater and Campaign Finance Task Force investigations

     Represent various corporations in investigations 
            conducted by House and Senate Oversight Committees

   First woman on firm's Executive Committee, Partnership 
        Board, and Partner Compensation Committee; served as firm 
        Hiring Partner

   Led team of lawyers in successful pro bono representation of 
        day laborers shortchanged for their work after Hurricane 
        Katrina

   Listed in The Best Lawyers in America (White Collar Criminal 
        Defense)

KIRKLAND & ELLIS LLP, WASHINGTON, DC
LITIGATION ASSOCIATE, SEPTEMBER 1986-AUGUST 1988

U.S. HOUSE OF REPRESENTATIVES, COMMITTEE ON BANKING, FINANCE AND URBAN 
AFFAIRS
STAFF ASSISTANT, FEBRUARY 1982-AUGUST 1983

EDUCATION

GEORGETOWN UNIVERSITY, WASHINGTON, DC
J.D. CUM LAUDE

   SENIOR ARTICLES EDITOR, GEORGETOWN LAW JOURNAL

   MEMBER, GEORGETOWN LAW JOURNAL

   INSTRUCTOR, LEGAL RESEARCH AND WRITING PROGRAM

BROWN UNIVERSITY, PROVIDENCE, RI
A.B., POLITICAL SCIENCE AND HISTORY

BAR ADMISSIONS

ADMITTED TO PRACTICE IN THE DISTRICT OF COLUMBIA AND MARYLAND

COMMUNITY ACTIVITIES AND OTHER EXPERIENCE

   CHILDREN'S NATIONAL MEDICAL CENTER, WASHINGTON, DC
JANUARY 2015-PRESENT

     Acting Chair, Board of Directors, September 2020-
            December 2020

     Vice Chair, Board of Directors, July 2019-present

     Chair, Enterprise Risk, Compliance and Legal Affairs 
            Committee, January 2017--pre-sent (Member, January 2015-
            January 2017)

     Member, Nominating and Corporate Governance Committee, 
            September 2017-present

     Member, Audit Committee, January 2017-present

     Member, Executive Compensation Committee, January 
            2017-present

     Member, Subcommittee to Evaluate and Oversee CN-HSC 
            Merger, January 2019-present

     Member, IT Committee, Fall 2018-Fall 2020

     Board of Directors, Bearacuda RE (insurance captive), 
            January 2016-present

     PUBLIC DEFENDERS' SERVICE FOR THE DISTRICT OF COLUMBIA

     Member, Board of Trustees, 2009-11 (federally funded 
            organization that provides legal services to indigent 
            defendants in criminal justice matters)

   CHILDREN'S LAW CENTER, WASHINGTON, DC

     Member, Board of Directors, February 2017-May 2020 
            (not-for-profit that provides le-gal services to 
            disadvantaged minors and spearheads variety of initiatives 
            including Healthy Together, a medical-legal partnership 
            that seeks to identify and resolve legal is-sues that 
            contribute to health problems)

     Member, Emeritus Board, May 2020-present

   PARTNERSHIP FOR PUBLIC SERVICE, WASHINGTON, DC

     Fellow, Center for Presidential Transition, January 
            2020-present (not-for-profit nonpar-tisan organization 
            focused on improving effectiveness of Federal government 
            through va-riety of programs including providing expertise 
            to Presidential Transition teams)

     Transition Lab podcast, ``Navigating the Screening 
            Process'' (June 2020)

PUBLICATIONS, TEACHING, PANEL PARTICIPATION

``The Criminal Enforcement of Federal Campaign Finance and Election 
Laws: Chapter 18,'' Eleanor H. Smith, Steven M. Salky, and Leslie 
Berger Kiernan, Thomson West's Political Activity, Lobbying Laws and 
Gift Rules Guide 3D (multiple editions)

``Political Patronage and the Revolving Door: Chapter 14,'' Eleanor H. 
Smith and Leslie Berger Kiernan, Thomson West's Political Activity, 
Lobbying Laws and Gift Rules Guide 3D (multiple editions)

Panelist, American Health Lawyers Association, ``Governance Conflicts 
of Interest,'' (October 13, 2020)

Panel Moderator, Georgetown University Law Center, Journal of National 
Security Law and Policy, ``Foreign Ties in the National Security 
Context: The Politics & Policies of Disclosure,'' (February 2018)

Panelist, Association of Corporate Counsel, National Capital Region, 
Moderator, panels on Crisis Man-agement (September 2017), Lawyer as 
Witness (February 2016)

Panelist, New York City Bar Association, 6th Annual White Collar Crime 
Institute, panel on Congressional Investigations (May 2017)

Panelist, U.S. Department of Justice, National Advocacy Center, Public 
Corruption Seminar, Perspective of Defense Lawyers (November 2016)

Panel Moderator, Association of Corporate Counsel, National Capital 
Region, panels on Crisis Management (September 2017), Lawyer as Witness 
(February 2016)

Panelist, Virginia Journal of Criminal Law Symposium ``Complex White 
Collar Litigation: Fraud and Compliance,'' (February 2016)

Guest Speaker on Government Ethics, the Role of the White House 
Counsel, the Role of Women in Law Firms, multiple occasions, 2014-2020 
(Columbia Law School seminar, Harvard Law School winter term course, 
University of Virginia Law School symposium, Penn State Dickinson 
School of Law, University of Georgia Law School)

    The Chairwoman. Thank you, Ms. Kiernan, and thank you or 
persevering. I think some air system went on in the middle of 
your testimony. So, if everybody hears a low hum, that is what 
it is. We will just have to persevere through this and so, they 
are trying to address it. I am sure it is not great for the 
broadcast entities that are here. Oh, it is a little lower. 
Anyway, we will keep working on it.
    Now we are going to turn to questions and, obviously, if 
the witnesses could help us out here a little bit, since there 
are three of you.
    Senator Nelson, I wanted to start with you. Obviously, NASA 
has a big tradition of ensuring resiliency in commercial 
programs by using multiple competitors and maintaining what is 
called, dissimilar redundancy. So, I want to know that you will 
commit to rapidly providing Congress with a plan for assuring 
that kind of resiliency, out of the Human Lander Program?
    Mr. Nelson. I do.
    The Chairwoman. Thank you.
    Mr. Nelson. Competition is always good.
    The Chairwoman. Thank you. And, on the workforce issue, 
Artemis is a great mission. Now there are 18 astronauts that 
are going to be competing for that. There are a few from the 
State of Washington. We are very proud of them. But I think, 
importantly, it shows that, in 2019, women only made up one-
third of NASA's work force, and 16 percent of the senior 
scientific work force. If confirmed, will you promote diversity 
of roles for women in technical and leadership roles, 
throughout NASA?
    Mr. Nelson. Yes, ma'am, and already have and I strongly 
recommended to the White House that the deputy be a woman who 
is exceptionally qualified. And, indeed, I think you will see 
that in the person that was announced last week, Pam Melroy, a 
former astronaut commander. Before that, she was Air Force 
colonel, test pilot. After NASA, she went to the FAA and then, 
to DARPA. And so, she is an incredibly prepared person, as well 
as being a delightful person, and she and I will operate as a 
team. Although the White House has not announced yet, they are, 
I think, looking at the third person in NASA--and you only 
Senate confirm three--the Chief Financial Officer. And I 
believe that they are looking at whom we have recommended, also 
a woman.
    The Chairwoman. Thank you. Thank you. Ms. Khan, one of the 
things that the Committee, as Ranking Member, we did was issue 
a report on journalism and the market impacts that local 
journalism has faced in the transformation to the information 
age. Google and Facebook play dominant roles as portals to news 
and media. I think you probably understand the challenges that 
these sectors have faced, given this level of activity. Do you 
think the FTC should review Google and Facebook's use of 
journalistic content without compensation, under the unfairness 
standard that the FTC has?
    Ms. Khan. Thank you, Senator and congratulations to you and 
your staff on such an incisive report.
    Mr. Nelson. You want to hit your mic.
    The Chairwoman. Yes. Thank you.
    Ms. Khan. Thank you, Senator and congratulations to you and 
your staff for such an incisive report. I think, you know, 
everything needs to be on the table. Obviously, local 
journalism is in crisis. And I think the current COVID moment 
has really underscored the deep Democratic emergency that is 
resulting when we do not have reliable sources of local news. 
So, absolutely, you know, this would be something that I would 
hope to focus on at the Commission.
    The Chairwoman. What uncompetitive practices do you see 
going on?
    Ms. Khan. So, I think there are two major factors, one of 
which is the fact that, you know, increasingly, news publishers 
are dependent on a few gatekeepers to disseminate their news 
and to disseminate their information. And so, a single change 
in an algorithm can plummet readership and subscriptions for 
any publisher. And so, I think there are some concerns, 
generally, there about the arbitrary whims and the arbitrary 
power that these firms can exercise.
    I think there are also serious concerns about concentration 
within the digital ad market, as well as vertical integration 
that has potentially created some conflicts of interest. Some 
of the lawsuits that were filed last year, I think underscore 
these issues, as well as potential, you know, criminal 
activity, as well. So, I think it will be important to continue 
seeing how those lawsuits play out, as well.
    The Chairwoman. Thank you. Well, we are going to continue 
our work here, because we think--you know, we believe in the 
model that our markets, our economy needs perfect information. 
That is what basically generates true data. But if you think 
that markets need perfect information, well, if you have such a 
decline in journalism, you are not going to get perfect 
information. So, we definitely want a diversity of voices and 
FOIAs and holding people accountable, and all of those things. 
So, thank you.
    Ms. Kiernan, one of the key challenges that we face when we 
are dealing with NOAA and/or other aspects of commerce is, 
responsibility is given to the organization and timely 
allocation of those resources. So, I could say, for example, 
tribal broadband money, or NOAA disaster commercial assistance. 
Will you commit to making sure the agency works closely with 
all of us on timely distribution of resources? Obviously, 
accurate distribution but timely, because so many of these 
represent very small entities who are counting on these 
resources.
    Ms. Kiernan. Yes, Senator, absolutely.
    The Chairwoman. And will you commit--I mentioned in the 
beginning about the scientific integrity. In the aftermath of 
Hurricane Dorian, the Inspector General for the Department of 
Commerce found that the former Acting General Counsel 
interfered with science, even going as far to draft public 
statements rebuking career scientist at the National Weather 
Service. If confirmed, will you ensure that the office of--your 
General Counsel Office always follows science?
    Ms. Kiernan. Yes, Senator.
    The Chairwoman. Thank you. Senator Wicker.
    Senator Wicker. Thank you, Madam Chair. And, Senator 
Nelson, I think it is wonderful to see both you and Senator 
Hutchison before the Committee--back before the Committee 
today. And it speaks volume that, having completed her 
introduction, she remains on the call, remotely, as a 
supporter. So, welcome back to both of you.
    Let me ask about the Artemis program. I was excited about 
the idea of a lunar landing in 2024, and a Mars landing in 
2029. That timetable has slipped. Could you discuss that just 
briefly and discuss how we move quickly but safely and prevent 
the timetable from slipping even further?
    Mr. Nelson. Yes, sir. Understand that they will not let me 
get into the innards because I still cannot talk to NASA until 
you all may decide to confirm me. However, the press conference 
and the public statements that were made by the deciding 
authority on the competition, for the first landing--human 
landing, crew landing on the moon, as it was explained by the 
NASA official making that determination, the timetable for 2024 
is still there with the awardee. And I think we all have to 
recognize that space is hard, and it is an ambitious timetable, 
but that is what has been stated.
    Now, coming after that, this is a demonstration of landing 
a crew on the surface of the Moon and returning them safely. 
After that, there is a lot of activity that can go on, before 
we eventually create the spacecraft that will go to Mars. And 
those are going to be future competitions. The Chair asked 
about competitions and those competitions will be there, as 
articulated by the deciding authority on this competition.
    So, I think you may be pleased that we are going to see 
that timetable try to be adhered to, but recognize that, with 
some sobering reality, that space is hard.
    Senator Wicker. Thank you very much, Senator and I hope 
that optimistic answer turns out to, in fact, be accurate, and 
I want to do what I can to help it be accurate.
    Let me turn quickly to Lina Khan. Thank you for your 
willingness to serve. You wrote an interesting paper entitled, 
``Amazon's Antitrust Paradox'', where you discuss applying 
common carrier regulations to Big Tech. Are you familiar with 
Justice Thomas' recent publication with regard to that? And do 
you think common carrier regulations can be applied to social 
media companies, like Twitter, Facebook, and YouTube? And 
please explain why or why not.
    Ms. Khan. Thank you, Senator. Yes, I did get a chance to 
read Justice Thomas' concurrent to the other week. I think, you 
know, it prompted a lot of interesting discussion.
    In the Amazon article, you know, I really identified two 
potential pathways forward, when thinking about these dominant 
digital platforms. One is enforcing competition laws and 
ensuring that these markets are competitive. And the other is, 
you know, if we instead recognize that, perhaps, there are 
certain economies of scale, network externalities that instead 
are going to lead these markets to stay dominated by a very few 
number of companies, then we need to apply a different set of 
rules. And we have a long legal tradition of thinking about 
what types of checks can we apply when you actually have a lot 
of concentration. And common carriage is one of those tools.
    So, I think, fundamentally, we need to, kind of, choose one 
of these paradigms and proceed accordingly.
    Senator Wicker. But in your view, one or the other is going 
to be necessary to fix a broken system. Is that correct?
    Ms. Khan. Yes. And I should clarify that, you know, some of 
these firms are now integrated in so many markets, that you may 
reach for a different set of tools depending on which specific 
market you are looking at. So, I think we need to be a bit 
market specific. But yes, overall, I think we need to choose 
one or the other.
    Senator Wicker. Thank you very much. Thank you, Madam 
Chair.
    The Chairwoman. Senator Klobuchar.
    Senator Klobuchar. Thank you very much. I will start with 
you, Ms. Khan. Senator Cantwell was asking about the problems 
for newspaper publishers and news in general. We all know what 
happened in Australia where, literally, Google and Facebook 
tried to hold a whole country hostage. Did not work, but they 
tried. And so, are you aware of the bill that Senator Kennedy 
and I have with the companion with Representative Cicilline and 
Representative Buck, which has--Senator McConnell was one of 
the co-authors last year, that allows the newspapers and the 
other news organizations to combine their negotiating power to 
be able to get better content rates? And just, your thoughts on 
that.
    Ms. Khan. Yes, I am familiar with it. And I should say 
thank you so much for the generous introduction earlier.
    You know, I think these types of exemptions that allow 
coordination have traditionally been used by Congress in 
instances where you have deep asymmetries of power within the 
market. So, you know, historically, Congress passed an 
antitrust exemption for workers, in order to allow them to 
coordinate. Similarly, with ad co-ops. And so, in instances 
where there just seem to be deep fundamental asymmetries of 
power, I think that type of tool makes sense. In so far as, 
this is a market where we see that asymmetry, I think, you 
know, it could be one step forward, certainly.
    Senator Klobuchar. I liked your answer to Senator Wicker 
about how you have to look at different markets and different 
situations differently. And one thing, we are having a hearing 
this afternoon with Senator Blumenthal and Senator Lee and 
others, on our Antitrust Subcommittee on the app store markets. 
Which I think a lot of citizens would be stunned to know that 
which I know you know, that for a lot of companies that decide 
they want and need to be on either Google or Apple's app store 
market, it is 30 percent off the top. It is somewhere between 
15 and 30 that goes out of the pockets of, really, consumers 
and to these app stores--to these companies. And it is also 
kind of stunning to know that they are banned--companies that 
advertise in one of those app stores, are banned from telling 
their customers they could get a better deal on their website. 
And I just do not know what argument you can make for that. So, 
do you want to talk a little bit about this issue, as Senator 
Blumenthal and I head to this hearing this afternoon?
    Ms. Khan. Yes, certainly. It is a significant issue and, as 
you noted, it is really--the source of the power is the fact 
that you have, you know, basically these two--these two main 
options, right? And so, that gives these companies the power to 
really set the terms in this market, in some cases. I think you 
are absolutely right that certain terms and conditions really 
lack any type of, you know, beneficial justification. And so, I 
think, in those cases, we need to be especially skeptical and 
really look closely.
    Senator Klobuchar. And then, finally, something that is 
really relevant, because we are trying to get this done 
quickly. Senator Grassley and I have joined forces and have a 
bill that restructures the fees that have not been done since 
Hart Scott Rodino for the mega mergers, and actually, reduces 
them on some of the smaller mergers that are paid. And in order 
to give the resources to the FTC and DOJ Antitrust, which are 
shadows of their former selves, from even the Reagan area. This 
was supported by the Trump Administration. This bill, at the 
very end of last year, Chief of Staff Meadows was trying to 
help us to get it done, as well as Makan Delrahim, and Chair 
Simons, former Chair of the FTC, as well as many. Basically, it 
had gotten through the Senate impromptu.
    So, talk about the need for resources to take on the 
biggest companies that the world has ever known.
    Ms. Khan. Yes, I mean, as you well noted, you know, the 
resources of the Commission have not really kept pace with the 
increasing size of the economy, as well as the increasing size 
and complexity of the deals that the Commission is reviewing. 
And so, I think, you know, measures like the one that you are 
discussing could make a lot of sense to help out.
    Senator Klobuchar. Very good. I will turn to you, Ms. 
Kiernan. Travel and Tourism, I am one of the co-chairs of that 
caucus and, just very briefly, because I want to end with 
Senator Nelson. The brand USA, talk about that, the importance 
of that, for promoting our country overseas, something Senator 
Blunt and I have worked on extensively.
    Ms. Kiernan. Senator, I think helping the tourism and 
travel industry recover from the damages of the pandemic is a 
priority of the Department, and I certainly look forward to 
working with you and the other members of the Committee on that 
effort. And in particular, if there are legal issues that are 
impacting or delaying our ability to address these issues 
promptly, I would certainly commit to making resolving those a 
priority.
    Senator Klobuchar. Thank you. And then, last, Senator 
Nelson, congratulations. You and I, on the phone, talked about 
your devotion to making sure more women and people of color get 
into science. And NASA is such a great vehicle, an aspiring 
vehicle for that purpose, and so, they are no longer ``Hidden 
Figures,'' that title of that wonderful movie. Could you just 
briefly explain how important this is to you?
    Mr. Nelson. Well, it is. As the President has said, he 
wants the government to reflect America. And we are certainly 
going to try to do that at NASA and I think we have already 
gotten a good start. I would just point out one thing that you 
may not know. Way back at the beginning, you know, all the 
astronauts were test pilots, they were all men. They were white 
men. They had to be a certain size. That was coming out of 
Mercury, Gemini, and Apollo.
    But when they got to the Space Shuttle, there was a lady 
named Nichelle Nichols, who had become a tremendous symbol for 
the African-American community because she played Lieutenant 
Uhura on ``Star Trek''. And she and NASA got together, and she 
reached out, because African-Americans did not think that they 
would ever be selected in the application for an astronaut. 
Whether it be a pilot astronaut or the mission specialist. And 
because she reached out affirmatively, she was able to get--so, 
in that first class of Space Shuttle astronauts, there were 
quite a few women and quite a few people of color. Very 
successfully so that, when I was privileged to fly in the early 
part of the Space Shuttle program, sitting in the right seat 
was an African-American Marine colonel, later a general, 
Charlie Bolden, who later became Administrator of NASA. And our 
CapCom was Fred Gregory, the first African-American astronaut 
to fly as a pilot astronaut.
    So--but there is plenty of opportunity for expansion in the 
future and we are going to try to do that.
    The Chairwoman. Thank you. Thank you so much. Senator 
Thune.

                 STATEMENT OF HON. JOHN THUNE, 
                 U.S. SENATOR FROM SOUTH DAKOTA

    Senator Thune. Thank you, Chair Cantwell, and thanks to all 
of our nominees. Congratulations on your nominations. And 
Senator Nelson, welcome back to the Committee. It is good to 
see you here, even if it is on the other side of the dais. We 
accomplished a great deal during our time as Chair and Ranking 
Member of this committee, due in large part to our excellent 
working relationship. And even when we did disagree, I always 
knew that I could count on you to work in a fair and straight-
forward manor to resolve any issues and to carry on our 
committee's business. And I cannot tell you how pleased I was 
to hear the news that the President had nominated you for this 
position. It is--you are perfect person, supremely qualified, 
and I look forward to the possibility of working with you in 
this new role. And nice to see Grace, welcome back. Good to 
have you here, as well.
    And I am appreciative, too, of the fact that you were 
willing to come to South Dakota and we took you several 
thousand feet underground, to look at some work that is being 
done out there in the Black Hills. And of course, I was 
privileged to have the opportunity to go with you, to the 
Florida Everglades. I do not know--do you guys--can you get 
that photo up or not? They are working on it, OK. I think we 
have a photo of our trip down there and when they get that up 
we will come back to it. Oh, there it is, OK.
    The Chairwoman. Oh my gosh, OK.
    Senator Thune. Yes, yes.
    Mr. Nelson. I might say, when that snake turned around and 
started looking at John, he decided it was time to turn it over 
to the others.
    [Laughter.]
    Senator Thune. Yes, yes, that is right. The instincts kick 
in. But anyway, great trip. I learned a lot about your state.
    Senator Nelson, as you know very well, NASA has inspired 
young people to pursue STEM careers. So, becoming the next 
generation of scientists and engineers to propel the Nation's 
space program forward, not to mention the numerous other 
societal and economic benefits associated with space 
exploration. And though, South Dakota does not have a direct 
NASA presence, the state participates in both the Space Grant 
Project and NASA's EPSCoR program, which provide young people 
with opportunities to understand and participate in NASA 
projects. They also provide workforce development and education 
tools that benefit regional economies and advance the U.S. 
research enterprise, particularly in rural states, where such 
assistance can be otherwise unavailable.
    If confirmed, how would you work to build upon the success 
of these programs to improve NASA's STEM engagement?
    Mr. Nelson. To do, Senator, exactly what we did together in 
the past. The STEM Grant Program is very important to 
universities in every state, whether that state has a NASA 
facility or center, or not. The STEM program is just incredibly 
important in science, engineering, technology, and mathematics.
    Also, you mentioned the EPSCoR program. That is a 
recognition that some states do not get as much in Federal 
spending as other states. And so, it gives a nod to those 
states in the kind of Federal spending that would come in, in 
this particular case, in those technology STEM fields.
    So, I look forward to doing that with you. And I look 
forward to returning to South Dakota with you and take me down 
into that abandoned gold mine again, one mile underneath the 
surface of the Earth.
    Senator Thune. That is quite a place. We would love to have 
you back. As you know, NASA works collaboratively with industry 
to deliver payloads and crews to low Earth orbit and, 
eventually, beyond. As a number of commercial operators, and 
the diversity of their missions grow, could you describe how, 
if confirmed, you would work to ensure that NASA plays a 
constructive role, in a cohesive and focused vision, across 
both government sponsored and commercial missions?
    Mr. Nelson. And that is building on the law that Senator 
Kay Bailey Hutchison described a while ago, that we had passed 
back in 2010, which is the dual course, and it sets NASA on 
that course, 11 years ago, for the future. And that is one 
course is, the commercial operations. Instead of everything 
being done by NASA, have those commercial operations. It was 
originally thought that that was going to be just in low Earth 
orbit, such as the delivery of cargo and crew by commercial 
operators, to the International Space Station, which is now an 
accomplished fact. With SpaceX just about, in a few days, to 
launch a crew again, and later in the year, Boeing doing the 
same. Others are supplying cargo.
    But having done that with the commercial operators, get 
NASA out of low Earth orbit and let NASA go explore. And then, 
the question is the lander. Well, this is a landing of humans 
on the surface of the moon. And NASA just announced its down 
select on a contract, on a demonstration of landing on the Moon 
with a crew and bringing them back safely. And we talked about 
that just a few minutes ago, about that is described by NASA in 
their press conference, that it will be in 2024. And then, 
there are so many other commercial contracts, to come after 
that, depending on the progress of what is--you want to do on 
the surface of the moon, but particularly, in the preparation 
to go to Mars. Mars is the goal in the decade of the 2030s. And 
I think you will see this dual activity continue, as set by law 
in the 2010 bill.
    Senator Thune. Thank you and great to have you back. Madam 
Chair----
    The Chairwoman. Thank you.
    Senator Thune.--I will yield back. My time has expired. I 
do want to, for the record, ask a question of Ms. Khan about 
her thoughts on the FTC's suit against Facebook. So, we will 
maybe get that for the record.
    The Chairwoman. Thank you, yes.
    Senator Thune. Thank you.
    The Chairwoman. Thank you. And I think I will follow up 
with a question for the record to Senator Nelson on this issue 
because, clearly, I think there needs to be redundancy and it 
has to be clear, this process. It can't be redundancy later; it 
has to redundancy now. So, we will follow up with a question on 
that. Senator Blumenthal.
    Senator Blumenthal. Thanks, Madam Chair. Again, welcome 
back, Senator Nelson. I am delighted that you will have this 
role and really inspired by your opening statement. I want to 
ask a question about the sourcing of contracts by NASA because 
so much depends on having a supply chain and a reliable source 
of the components and parts that go into these projects and, 
frankly, make it look easy, when in fact, it is a diverse 
combination of many, many contractors.
    In our call earlier this week, I raised the critical role 
that Connecticut plays in the aerospace industry. Companies 
like Collins Aerospace in Windsor Locks are working to develop, 
for example, the next generation of space suits. People take 
for granted, of course, we will walk on Mars. Of course, we 
will have men and women on the Moon. But the next generation of 
space suits is going to be critical to enable them to do so. 
And as you well know from your experience as a United States 
Senator, there are many, many small companies that are simply 
looking for a fair playing field, competitive outlook, when 
they are bidding in this kind of environment.
    So, I know that you are sensitive to that challenge of 
opening opportunities for contractors and subcontractors, and 
that NASA is hoping to commercially procure, maintain, and 
service those kinds of components, like space suits. Do you 
think that it is possible to source them competitively, as 
opposed to just going to one source?
    Mr. Nelson. I do, Senator. And competition is always better 
than sole sourcing, because you can get the efficiencies and 
you get the lower price. And so, indeed. And you talk about the 
supply chain, which is so critical. One of the things that has 
held us up on Artemis, on the big rocket, the SLS, that will 
launch later this year, there has been some slowing down of the 
supply chain because of COVID and because of natural disasters, 
hurricanes, etc. But it is just amazing, in American industry, 
how the supply chains provide what is needed, ultimately, to 
the product and that is very important that we keep that going. 
So, thank you for raising that.
    Senator Blumenthal. Thank you. I really welcome that 
answer.
    Ms. Khan, you mentioned there are two paradigms. Paradigms 
are theoretical constructs or models. But the FTC is an 
enforcement agency and the best paradigms--the best laws are 
dead letter, if they are not enforced vigorously. And the FTC, 
right now, has a complaint against Facebook. Will you be 
committed to vigorously enforce that complaint and other laws 
that are under your responsibility?
    Ms. Khan. Absolutely, Senator.
    Senator Blumenthal. And what do you see is the biggest 
challenge for enforcement, when it comes to Big Tech? Is it the 
size of Big Tech, its resources, and power? Lack of resources 
on the part of the FTC? Can the FTC really enforce the law 
against behemoth corporations, like Facebook, Google, Amazon?
    Ms. Khan. I think one of the challenges is just the deep 
information asymmetries that exist between some of these firms 
and enforcers and regulators. You know, I think it is clear 
that, in some instances, the agencies have been a little slow 
to catch up to the underlying business realities and the 
empirical realities of how these markets work. And so, I think, 
at the very least, you know, ensuring that the agencies are 
doing everything they can to keep pace is going to be 
important.
    Senator Blumenthal. And beyond the, kind of, marquis task 
of enforcement of Big Tech and so forth, there is also the 
continuing challenges of everyday Americans. I am reminded of 
one, Joey Robinson, of Stratford, Connecticut, who wrote to me 
about her struggle to find legitimate PPE, Personal Protective 
Equipment, to keep safe during the pandemic. She told me that, 
after extensive research, she was still swindled. She wrote, 
``They have my money and I have no PPE, no way to get them to 
refund me, after, literally, hours on hold and more than a 
dozen efforts in writing''. In effect, she told me no one was 
listening, no one was doing anything, and there are at least 
451,000 Ms. Robinsons out there, according to the FTC's own 
data. I would be interested in your views as to the 
responsibilities of the FTC to those kinds of everyday American 
consumers.
    Ms. Khan. Yes, absolutely. I mean, this type of fraud and 
these scams are, obviously, a huge issue, especially during a 
time like the pandemic, where they really have life or death 
consequences. Congress recently gave the Commission additional 
civil penalty authority, with regards to unfair or deceptive 
practices in the context of COVID. And so, I would hope, at the 
very least, that the agency would vigorously use that 
authority.
    Senator Blumenthal. Thank you.
    The Chairwoman. Thank you. Thank you. Senator Fischer.

                STATEMENT OF HON. DEB FISCHER, 
                   U.S. SENATOR FROM NEBRASKA

    Senator Fischer. Thank you, Senator Cantwell. Ms. Khan, I 
appreciated speaking with you before the hearing and I know we 
had reviewed your experience on antitrust policy. And you 
mentioned that you got started studying these issues within the 
poultry industry context. In my own work, I have been pushing 
for more transparency in competition in cattle markets. 
Recently, there has been quite a bit of producer sentiment that 
the cattle market is on the brink of major vertical integration 
following trends that we have seen in poultry and pork 
industries.
    As we look at the forces that can lead to significant 
consolidation, what factors jump out to you as red flags that 
could indicate the tipping point for an industry, recognizing, 
as you mentioned previously, that this might vary by market?
    Ms. Khan. Yes, thanks for the question, Senator, and I 
really enjoyed our opportunity to discuss these issues. I mean, 
I think agriculture is a sector where we see some of the most 
extreme examples of these trends. Where you both have, you 
know, concentration and then, vertical integration in ways that 
really leave farmers and ranchers dependent on, you know, 
sometimes one entity. And that type of relationship, also, of 
course, can lead to certain types of asymmetries and the 
ability to dictate terms. And so, I think all of those, you 
know, factors are really important to look at when trying to 
assess these issues.
    Senator Fischer. If you are confirmed as Commissioner, how 
would you--or how would this inform your approach to reviewing 
competition? And in this, how would you, specifically look to 
mitigate harmful effects for consumers?
    Ms. Khan. Yes, so, the FTC has limited jurisdiction in the 
context of agriculture markets. It is, kind of like, retail 
onwards in the food supply chain. So, at the very least, 
ensuring that the FTC is vigorously enforcing the law over the 
markets and the food supply chain, where it does have 
authority, so that we do not have a situation where 
consolidation down here, you know, upstream exacerbates 
consolidation. I think that will be--that will be one important 
thing to focus on.
    Senator Fischer. Thank you. Senator Nelson, good to see you 
again.
    Mr. Nelson. Thank you, Senator.
    Senator Fischer. NASA and the contractors that it works 
with invest heavily based on priorities established by Congress 
and carried out by the administration. In your opinion, how 
important is it for NASA and NASA's contractors to have 
continuity in its program submissions, such as the Artemis 
program and the space launch system?
    Mr. Nelson. It is very important. And as I have tried to 
articulate, space is hard, and space takes a long time to 
develop these technologies, and this is cutting edge stuff. So, 
it did not just start yesterday. It started years ago. Senator 
Kay Bailey Hutchison indicated how it had started with the 
legislation back in 2010. So, it is very important to keep this 
continuity going, from year to year, extremely important.
    Senator Fischer. OK, thank you. And again, good to see you. 
Ms. Kiernan, you listed the Department of Commerce's IT and 
cybersecurity posture among, what you believe are the top 
challenges facing the Department. In the wake of recent major 
cybersecurity breaches of Federal agencies, could you please 
describe what you see as the most significant hurdles for the 
Commerce Department here?
    Ms. Kiernan. Senator, protecting our networks is vital to 
our economic and national security. NIST's cybersecurity 
network has improved cybersecurity awareness and facilitated 
regulatory streamlining. Since I am not at the agency, I do not 
have all the current details on the Department's efforts in 
this regard. But if confirmed, I will make it a priority to 
work with the experts at NIST, and in other agencies throughout 
the government on these issues.
    Senator Fischer. If you are confirmed as General Counsel, 
how would you advise the Department to approach these 
challenges?
    Ms. Kiernan. Senator, I think that this is an issue that is 
one that requires government wide responses. It will be 
incredibly important to work with other agencies throughout the 
government, and to get the best ideas from experts in the 
private sector. Given the challenges that we face, we need to 
ensure that we are utilizing best practices and that we are 
reaching out to the experts throughout the government, and in 
the private sector, in order to bring those to bear.
    Senator Fischer. Thank you. Thank you, Madam Chair.
    The Chairwoman. Thank you. Senator Tester is next.

                 STATEMENT OF HON. JON TESTER, 
                   U.S. SENATOR FROM MONTANA

    Senator Tester. Thank you, Madam Chair. This is for Nominee 
Khan and it goes, kind of, on the same line that Senator 
Fischer was asking questions. I am in agriculture and 
agriculture is the number one industry in Montana. And feeding 
people is really, really important. In fact, I think you can 
control people with food more than you control with anything 
else. And we have had--we have had the luxury of having an 
incredible production agriculture economy that has fed the 
world. Not just recent years, but for some time, we have 
watched consolidation creep into agriculture in the chicken 
industry and the pork industry and the beef industry and the 
grains. We even see it in pulses and crops like that.
    This is not Amazon. It is not Facebook. It is not new 
technology. They have been--the big process has been doing this 
for decades and decades. And I would say that no 
administration, Democrat or Republican, has tackled this in my 
lifetime. And I have seen this consolidation result in rural 
communities drying up, no competition in the marketplace--both 
on the--when you sell goods and when you buy inputs. You are 
totally locked into a group of three or four people who could, 
basically, go on a golf course and determine what is going to 
be paid in the marketplace. Capitalism is not working.
    So, my question to you, Nominee Khan is--you are a smart 
person. You know about consolidation. But I think the reason 
that many of the administrations in the past have not dealt 
with this is because these companies control a lot of money and 
they control a lot of power. And they can put that influence 
into the reelection campaigns of many people that sat on this 
panel, and a whole bunch of others. How are you--how are you 
going to deal with the consolidation issue? And how are you 
going to deal with it from a political standpoint?
    Ms. Khan. Thank you, Senator. You know, as you--as you 
noted, I think there is a long history of recognizing the ways 
in which concentration of economic power can translate into 
political power. And so, I think those types of dynamics are 
ones that, you know, we face across the board.
    In the context of agriculture more specifically, it is the 
Justice Department that primarily has jurisdiction in the 
antitrust domain over some of these markets. I also think that 
the Packers and Stockyards Act is a real hidden gem of a 
statute that, in some ways, was really designed to really head 
on address some of these consolidation issues in the context of 
agriculture. So, you know, reviving that statute and its 
enforcement would be another step forward.
    I also think, you know, the agriculture markets are a 
really interesting example of some of the additional effects 
that concentration has. In so far as, concentration of the food 
supply can also lead to all sorts of fragility issues, which 
can, you know, come to the surface, in particular, during times 
of crisis.
    So, absolutely, I think these are really, really important 
issues.
    Senator Tester. So, I want to carry on in this line of 
questioning really quick, Nominee Khan. And that is, you said, 
for the most part, this is in the Justice Department's realm. 
Look, what I have seen, in my 14 years here on the Hill is, in 
many different issues, broadband is a prime example, when you 
have many different agencies that are in charge of putting 
fiber in the ground, or when you have a couple agencies in 
charge of dealing with consolidation in the food, they point 
the finger at one another. What do you intend to do on the FTC, 
in this realm, that is legal within the law for you to do?
    Ms. Khan. Yes, I mean, interestingly, the FTC's 
jurisdiction over agriculture markets was actually stripped 
after the FTC published a big report on the meat packers in 
1920. So, when the FTC did try to go hard here, you know, its 
jurisdiction was stripped. But as I mentioned earlier, you 
know, the FTC does have jurisdiction over, kind of, downstream 
in the food system. So, especially in the context of food 
retail, grocery, and so, in so far as sometimes, you know, 
concentration or consolidation in one part of the supply chain 
can exacerbate consolidation in another part. I think, at the 
very least, ensuring that the FTC is, you know, fully enforcing 
the law over the food markets that it does have jurisdiction 
over, is going to be important.
    Senator Tester. Well, I appreciate that. I will tell you, 
as somebody that is involved in production agriculture, I would 
hope that we would get some folks that would--would tackle the 
agribusiness--multinational agribusiness companies that, quite 
frankly, I just think that they have not allowed capitalism to 
work the way it should. And that is my opinion, and it will be 
my opinion until I learn otherwise.
    I have a second left. So, I just want to say it is good to 
see you, Senator Hutchison, and it is good to see you, Senator 
Nelson. And good luck to you both in whatever your endeavors 
are, and I know Nelson it is NASA and I expect you to move the 
launch pad up to Montana, that is in Cape Canaveral. But if you 
do not do that, I am still going to vote for you. And, Kay, it 
is really good to see you. Take care, you guys.
    The Chairwoman. Thank you. Thank you, Senator Tester. Thank 
you for those questions.
    I want to echo his comments. I see this all the time in 
pricing of agricultural produce in the Pacific Northwest. There 
is just too much a concentration of power in setting the price. 
And we need to--we are either going to look for new competition 
or we have to figure out exactly what that market influence is, 
that is just too--so, the channels in the horizontals--I am 
sorry, the verticals there, are just, you know, putting too 
much pressure on the prices. So, anyway, OK. We are turning to 
Senator Moran.

                STATEMENT OF HON. JERRY MORAN, 
                    U.S. SENATOR FROM KANSAS

    Senator Moran. (No audio) for this hearing. I had an 
opportunity to meet both with Ms. Khan and with Senator Nelson, 
and I appreciate those conversations. They were valuable to me. 
I do not have any questions for you, Senator Nelson. I wish you 
well and I look forward to working with you, both in the 
Commerce Committee and the Appropriations Committee, in regard 
to NASA and our future space opportunities, including aviation 
and aerospace in Kansas.
    Let me ask Ms. Khan a question about social media. I have 
become increasingly concerned about social media companies that 
promise to be free and open marketplace for ideas, but they are 
not, in my view, upholding those promises to their consumers. I 
have introduced the Promise Act that would require social media 
companies to implement, operate, and disclose information 
moderation policies, and would prohibit a social media company 
from making a ``deceptive policy statement''. Violations of 
this law, under that legislation, would constitute an unfair or 
deceptive act or practice in violation of Section 5 of the 
Federal Trade Commission Act.
    What do you see as the role of the FTC in making certain 
that social media companies are abiding by their public 
statements and policies, when it comes to content moderation?
    Ms. Khan. Thank you, Senator. I think, you know, as I 
mentioned earlier in the exchange with Senator Blumenthal, I 
think the information asymmetries are so--here, are so deep. 
And that, at the very least, really need the Federal Trade 
Commission to be using its information collection capacities to 
really try and mitigate some of these information gaps. In, you 
know, social media we have black box algorithms, you know, 
proprietary algorithms that can sometimes make it difficult to 
know what is really going on.
    The FTC did, in the last couple of years, use its 6(b) 
authority to start trying to get some more of this information. 
So, hopefully, you know, that will provide some more 
transparency. But in general, I think, you know, the 
Commission's information collection authorities can be useful 
here.
    Senator Moran. Thank you. I think our legislation is a 
means by which we can deal with activities that are contrary to 
stated policy by the companies, without necessarily dealing 
with Section 230, which has significant consequences for 
entrepreneurs and small business startups. So, I look forward 
to further conversations with you and the FTC if this 
legislation, in particular, moves forward.
    Let me turn to Ms. Kiernan. SolarWinds cyber attack exposed 
serious deficits in the country's cyber defenses. The 
Department of Commerce was one of the first Departments to be 
identified as being breached, as part of that attack. 
SolarWinds' compromise was as much an attack on our--excuse 
me--economic security, as it is our national security, and vice 
versa. My view, it demands a swift and deliberate response by 
Federal agencies.
    One aspect of improving cybersecurity of the Federal 
Government is IT modernization. My MGT Act, which was passed in 
2017 and funded, allows departments and agencies to upgrade 
their IT infrastructure. How should the Department of Commerce 
strengthen its cyber defenses? What role does IT modernization 
play in this effort?
    Ms. Kiernan. Senator, protecting our networks is vital to 
our economic and national security. I think IT modernization is 
an important component in trying to address this incredibly 
difficult, complex, and important issue. And, if confirmed, I 
will make it a priority to work with you and other members of 
the Committee on this issue.
    Senator Moran. I thank you for that. Let me ask you one 
more question, Ms. Kiernan. The privacy shield--the ability to 
transfer data across international borders is crucial to a 
broad range of companies in Kansas, all sizes, all industries, 
and to consumers who rely on global services to help them work, 
learn, and connect with others from home.
    Until last year, the EU privacy shield served as a privacy 
protective way for companies to transfer data from the EU to 
the U.S. That framework was invalidated in July. Can you commit 
to supporting efforts to ensure that companies can continue to 
transfer data across international borders, and to supporting 
efforts by the U.S. Government to reach a new agreement 
facilitating data transfer, EU to U.S.?
    Ms. Kiernan. Yes, Senator. Cross-border data transfers is 
essential for American businesses. And, if confirmed, it will 
be a priority for me to work with the Department and other 
government officials to reach a solution that supports American 
businesses and national security.
    Senator Moran. I thank all three of our nominees and I say 
hello to Senator Hutchison, as well. Best regards to you, Kay. 
And thank you, Madam Chairperson, for the opportunity to ask my 
questions.
    The Chairwoman. Thank you, Senator Moran. We are going to 
go to Senator Hickenlooper and then, following him, will be 
Senator Blackburn.

             STATEMENT OF HON. JOHN HICKENLOOPER, 
                   U.S. SENATOR FROM COLORADO

    Senator Hickenlooper. Yes, am I off mute? Yes. First, Madam 
Chair, I want to thank you for putting together, or 
coordinating and moderating this good forum, very useful. And 
your quote at the very beginning of John Perry Barlow--he was 
an acquaintance of mine--and that notion that you are not 
paying for something, you are the product is appropriate, I 
think, in so many ways here.
    Anyway, I want to ask a question for Senator Nelson and, 
specifically, President Biden's skinny budget request for NASA 
asks for a robust $2.3 billion in funding for Earth Science 
programs. I, maybe unfortunately, have a master's in Earth and 
environmental science and I recognize that the climate crisis 
is real. And I think that the NASA researchers have 
capabilities, and they could be an important partner in this 
fight. And I think their research into alternative fuels--
alternative fuels, solar power, battery storage, could all be 
important to our efforts to invest climate change on Earth.
    So, Senator, I wanted to ask, what additional capabilities 
would President Biden's proposed budget increase for NASA's 
Earth Science programs? What would that increase provide?
    Mr. Nelson. It is a very important increase. You cannot 
mitigate climate change unless you can measure it, and that is 
NASA's expertise. Understanding our planet gives us the means 
to better protect it. And I know this is something that you 
feel very strongly about, Senator, especially in the way that 
you conducted yourself as Governor, trying to protect your 
resources there in your state. So, this is where the 
administration has provided for a robust increase on Earth 
science, and I think it reflects exactly what we are talking 
about.
    Senator Hickenlooper. Yes, well I think it is very 
exciting. But kind of, along that line, expanding it into the 
overall aerospace industry, as you know, Colorado is one of the 
Nation's aerospace leaders, with many engineers, manufacturers, 
and suppliers calling our state home. I know that the 
commercial space industry has contributed to many of NASA's 
most critical programs. How would NASA, under your leadership, 
continue to work collaboratively with the commercial space 
sector?
    Mr. Nelson. Well, it is not only critical, it is essential. 
And in fact, that is what is happening and kudos to your state 
that produces a number of those commercial companies. So, as we 
have described from the outset, the law that we are operating 
under, has NASA going down a dual track. It has been operative 
for 11 years and, for the foreseeable future, it is the same. 
And it hits directly at the question that you ask.
    On the one hand, commercial companies are allowing NASA to 
get out of low Earth orbit, save for NASA's participation in 
the International Space Station, and go explore the heavens. 
And the commercial companies, as evidenced, for example, by the 
success of the delivery of cargo, as well as crude, to the 
International Space Station--something that NASA had done 
exclusively before--but as those systems were developed with 
heavy NASA participation, because of the safety factor when you 
put humans on board. And therefore, that is being done as we 
speak. As we look to the future, further out in space, back to 
the Moon, and onto Mars, we are going to see commercial 
participation. And we are seeing that, as we speak, in what was 
announced last week in the down select, in a competition for 
the first human landing on the Moon.
    Senator Hickenlooper. Great.
    Mr. Nelson. But there is a lot of commercial activity that 
is going to then be followed on, competition----
    Senator Hickenlooper. I agree. Senator, let me cut you off, 
just because I want, real quickly--I am out of time.
    Mr. Nelson. Sure.
    Senator Hickenlooper. This always happens. I wanted to 
also, just quickly, very quickly ask you about National Space 
Council and their ability to play a role as an interagency 
coordination on space policy issues that, in many cases, 
transcend Federal agencies. I am just about out of time--oh, I 
am out of time, so be very concise.
    Mr. Nelson. As a matter of fact, I support the National 
Space Council and was delighted to see, apparently, the 
President has decided that he wants to continue that.
    Senator Hickenlooper. Great.
    Mr. Nelson. Whatever it is, you need a forum like that 
because space is not uniquely to NASA. It is not uniquely to 
the Department of Defense. Space is involving everybody, and 
you need that coordination among agencies.
    The Chairwoman. Thank you.
    Senator Hickenlooper. Absolutely. And I just wanted
    --I appreciate and I was very excited when I saw at the 
White House had confirmed that and I just wanted to hear those 
excitement in your own words. Thank you all and I yield back my 
time. Thank you----
    The Chairwoman. Thank you.
    Senator Hickenlooper. Well, I am out of time.
    The Chairwoman. Thank you. Thank you. Senator Blackburn, 
and then, Senator Markey, and then, Senator Scott. So, Senator 
Blackburn.

              STATEMENT OF HON. MARSHA BLACKBURN, 
                  U.S. SENATOR FROM TENNESSEE

    Senator Blackburn. I thank you, Madam Chairman, and Senator 
Hutchison, so good to see you. Thank you for joining us today. 
And Senator Nelson, I so enjoyed my conversation with you and 
discussing a little bit about a mutual friend that we have and 
also discussing your enthusiasm for NASA. But I think, more 
importantly, your understanding of the processes and the goals 
for NASA.
    So, briefly, and for the record, what I would like for you 
to do is talk for just a little bit about China, about China's 
push into space exploration, how they utilize that civil 
military fusion in order to try to beat us at the space race 
and beat us as we look at our military. Because China is out 
for global dominance. So, if you will just touch on that.
    Mr. Nelson. Yes, ma'am. Well, we have known, and is 
articulated presently by the President, there is a threat China 
poses in, basically, getting a lot of our secrets and getting a 
lot of our technology and invading a lot of our privacy. Now, 
when you take that global concern that we have and you bring it 
to the space program, then you have to be concerned about the 
same thing.
    China has said that they want to have a landing of humans 
on the moon. More recently, China has said that they are going 
to link up with Russia to put humans on the moon. I think there 
is a lot more that has to be done by saying it and actually 
doing it, because space is hard. But I think we need to be 
concerned about that. And----
    Senator Blackburn. Well, I agree with you on that, and I 
tell you, I think we are going to hold you to your commitment 
of back to the Moon by 2024 and to Mars by 2030. And I also, 
for the record, want to state how much I appreciate your focus 
on the public-private partnerships, and making certain that we 
are cost competitive, as NASA moves forward with different 
ventures. So, say thank you for that.
    Ms. Khan, for--just one question for you. If you had been 
at the FTC during the Obama years, what would you have done 
differently in the merger review process?
    Ms. Khan. Senator, I think, over the last few years, in 
particular, there has been a lot of evidence that has come to 
light that suggest that, in certain cases, there were missed 
opportunities for enforcement actions. As I mentioned earlier, 
I think part of that was due to some of the information 
asymmetries. Part of that was also because there was an 
assumption that digital markets, in particular, are fast moving 
and so we do not need to be concerned about potential 
concentration in these markets, because any exercise of power 
will get disciplined by entry and by new competition.
    Now, of course, we know that, in these markets, you 
actually have significant network externalities and other 
reinforcing advantages of data, in ways that make them much 
more sticky. Such that, you know, we have to be much more 
vigilant relating to these acquisitions. So, you know, I think 
in hindsight, there is a growing sense that some of those 
merger reviews were a missed opportunity.
    Senator Blackburn. I would like for you to submit for--in 
writing, a more complete answer as to what you would have done 
differently. We know what the problems were, but--and you know 
that I have concerns about your background and lack of 
experience in coming to that position. So, why don't you just 
submit to me a written answer in that regard.
    Ms. Kiernan, thank you so much for the time. And just very 
quickly--I have got 25 seconds left. If you will talk a little 
bit about where your focus will be on spectrum policy.
    Ms. Kiernan. Thank you, Senator. I enjoyed our time to 
visit before the hearing. As you know, the NTIA has an 
important role in the interagency effort to develop a 
governmentwide spectrum plan. And I think that we need a 
governmentwide spectrum plan that will allow us to address both 
the needs of the private sector to have spectrum for 5G, as 
well as the government's needs for spectrum to satisfy its 
needs and its ability to perform its responsibilities.
    Senator Blackburn. Thank you. Thanks, Madam Chairman. That 
completes my questions.
    The Chairwoman. Thank you, Senator Blackburn. Next is 
Senator Markey.

               STATEMENT OF HON. EDWARD MARKEY, 
                U.S. SENATOR FROM MASSACHUSETTS

    Senator Markey. Thank you. Thank you, Madam Chair. Welcome 
back, Bill. Your--your leadership is really going to help our 
country in an enormous way. Thank you for being willing to 
serve once again. NASA has more than two dozen satellites and 
instruments observing key climate indicators. NASA is the 
premier agency for observing and understanding changes to the 
Earth. Could you talk a little bit about how you would work to 
ensure that NASA is providing all of the capabilities which are 
necessary to fight the climate crisis?
    Mr. Nelson. Thank you, Senator, and I enjoyed talking with 
you at length in our Zoom call.
    As I said to Senator Hickenlooper, you cannot mitigate 
climate change, which is happening, unless you measure it. And 
that is uniquely NASA. Being able to measure, from all the 
instruments that NASA designs, builds, and puts into orbit. And 
thus, by that, understanding the Earth, that allows us the 
opportunity to protect it. This, of course, is one of the major 
thrusts of President Joe Biden. And NASA is uniquely positioned 
to try to help.
    If I may venture--I am not going to take a lot of time, but 
just to give you one personal vignette. When I had the 
privilege of flying, 35 years ago, with the naked eye, from 
that altitude, as we orbited the Earth, you could see the 
affects on the climate. For example, what we were doing to mess 
it up. I could see over the Amazon. I could see the color 
change, from that altitude, of where they were destroying the 
rainforest. Over coming over Madagascar--they had cut down all 
the trees. You could see the result of that because there was 
no topsoil to hold the soil when the rains came, and you could 
see at the mouths of the river, all of the silt that were 
flowing out into the bright blue waters of the Indian Ocean.
    So, now we are so much more prepared to measure what is 
happening. Thank you for the question.
    Senator Markey. And by the way, and that is why NASA is 
going to be so important. And it is why Senator Duckworth and I 
have introduced the Environmental Justice Mapping and Data 
Collection Act, so that we can see where the harm is occurring. 
And then, direct, as President Biden wants to do, the funding 
toward those communities, toward those places that have 
suffered the most environmental injustice. So, we are just 
really looking forward to partnering with you on that.
    And, Ms. Khan, I recently sent the Federal Trade Commission 
a letter, highlighting evidence that the Ed Tech company, 
Prodigy Education, engaged in unfair and deceptive practices. 
Research shows that Prodigy's online math game manipulates 
children and families into making purchases, by constantly 
telling kids what items their friends have bought in the game. 
And in the game, a child user who brought a premium membership, 
floats on a cartoon cloud. While a kid who did not buy a 
membership walks on a dirt path.
    So, can you please commit that, if you are confirmed, you 
will work to use your full authority, under Section 5 of the 
Federal Trade Commission Act, to ensure that we hold companies 
accountable when they attempt to manipulate and monetize the 
activities of children?
    Ms. Khan. Absolutely, Senator, and I think some of these 
dangers are heightened, especially given the ways in which the 
pandemic has rendered families and children especially 
dependent on some of these Ed technologies. So, I think we need 
to be especially vigilant here.
    Senator Markey. Thank you. And finally, I authored the 
Child Online Privacy Protection Act back in 1998. And again, 
you have just bad actors, which are out there, always seeking 
to manipulate and take advantage of children. Will you commit 
that, if you are confirmed, that, if there are any updates to 
COPPA, that you are going to prioritize protections for 
children? Not loosening them, as many companies seek to achieve 
in order for they--so that they can exploit these kids for 
their own monetary benefit.
    Ms. Khan. Senator, in my view, the previous rules should be 
the floor, not the ceiling. Not being at the Commission, I am 
not privy to what the current status of the COPPA review is. 
More generally, as we think ahead about the future of kids' 
privacy, I see your Kids Act as really an important framework 
as we move forward.
    Senator Markey. Beautiful. Thank you. Thank you, Madam 
Chair.
    The Chairwoman. Thank you, Senator Markey. Senator Scott.

                 STATEMENT OF HON. RICK SCOTT, 
                   U.S. SENATOR FROM FLORIDA

    Senator Scott. I want to thank Chair Cantwell and I want to 
thank of the nominees for being here. Senator Nelson, it is 
nice to see you. It is nice to see a Floridian nominated for 
NASA. And thanks for taking the time yesterday.
    We talked yesterday about the importance of Florida to 
NASA. Can you talk about what you think, in the role of NASA, 
you can do to help continue the growth we have seen in Florida 
over the last decades?
    Mr. Nelson. Yes, indeed, Senator. And it is a very robust 
future, as we see more and more of this activity. Now, humans, 
Americans on American rockets, launching from American soil. 
That is all happening, specifically at the Kennedy Space Center 
and the Cape Canaveral Space Force Station. We are going to see 
more of the commercial activities. We are seeing, for example, 
Blue Origin that has now contracted with the Air Force, and now 
the Space Force. And they are not only developing a very 
complex launchpad, but they also have a rocket manufacturing 
facility that they have leased land from the Kennedy Space 
Center. And it is a big operation. So, I think there is a 
plethora of other companies that are going to be both 
preparing--manufacturing, preparing, and launching from that 
part of Florida.
    Now, why--why the middle part of Central Florida, on the 
East Coast? Because the rotation of the Earth gives you that 
little extra boost, that you do not have to spend the fuel as 
you go into orbit. Why South? The closer you can get to the 
equator, likewise, you have got that Earth rotation that helps 
you going into Earth. I think it is going to be a very robust 
future, for specifically Florida, but other states, as well.
    Senator Scott. Yes, I think Bob Cabana has done a great 
job.
    Mr. Nelson. He has done a terrific job.
    Senator Scott. What they have done on the privatization 
there, it is remarkable, with what has happened.
    We talked yesterday about Communist China and you talked 
about the Wolf Amendment, which restricts agencies like NASA 
from partnering with China. Can you talk about the importance 
of that?
    Mr. Nelson. Yes, and we just addressed that in a question 
with Senator Blackburn and thank you for pointing it out. 
Congressman Wolf passed an amendment that is law, and it 
basically says that you do not cooperate in space unless there 
is a signoff by the FBI, that this is not going to threaten 
national security or the national economy. That is the law and 
NASA will abide by that.
    Senator Scott. And you--and you--you think it is important 
to continue to hold China accountable?
    Mr. Nelson. Indeed, and I expanded further in my comment 
with Senator Blackburn. And that is that you just better be 
concerned, because now, China is getting together with Russia 
and saying they are going to go to the Moon together. That is a 
long time until that happens.
    Senator Scott. We hope. Nice to see your family here, too, 
by the way. So, congratulations on your nomination.
    Mr. Nelson. Thank you.
    The Chairwoman. Thank you. Senator Sullivan.

                STATEMENT OF HON. DAN SULLIVAN, 
                    U.S. SENATOR FROM ALASKA

    Senator Sullivan. Thank you, Madam Chair. And to our 
nominees, congratulations. Senator Nelson, good to see you 
again, sir. I want to just ask about this issue--I am a big fan 
of NASA and the Space Agency and all that is happening. And I 
always ask our nominees--you probably remember when I asked our 
previous nominee here. To me there is so much we can be doing 
to inspire our youth. One of my favorite movies is ``The 
Martian''. Hollywood doing something really great for our 
country, which is I a good thing.
    Inspiring young Americans, there is so much going on. We 
had a group of Alaskan students that had their essays, that 
were part of the Mars Perseverance Rover. So, these are Alaskan 
essays on Mars right now. It is pretty cool. What can we be 
doing in that area? You have a lot of experience. But to me, 
one of the most important things we need to be doing is 
inspiring our youth. It is STEM education. It is all the great 
scientists. There is so much that we can do. I think we are 
just scratching the surface.
    Mr. Nelson. Indeed, Senator, and thank you for your 
enthusiasm with regard to space.
    Senator Sullivan. I love it. It is great. I am 
enthusiastic.
    Mr. Nelson. There is so much that we can do by igniting the 
imaginations of those kids. And often you ignite that 
imagination through the Space Program in science, technology, 
engineering, and mathematics. And the proof is in the pudding 
of what happened after the original Mercury, Gemini, and 
Apollo. And we saw a whole generation of mathematicians and 
engineers and technicians that came out of that, that exploded 
our advance as a country, compared to others on the planet.
    And if you all decide to approve me, this is one of the 
areas that I want to really pour the juice to in NASA, as 
requested by the White House. The President has given a boost 
in his recommended budget to the STEM area. And it is just 
nothing like space that can get kids excited.
    Senator Sullivan. Good. Well, I think that you will have a 
lot of good partners, Democrats and Republicans, who will want 
to help you in that regard. I think it is a huge opportunity. I 
see it everywhere. So, we should get together and work hard on 
that. I look forward to doing that with you.
    Ms. Kiernan, Senator Scott and I, later today, are going to 
go down on the Senate floor and try and move our legislation 
that has been, really, just a result of enormous frustration 
that we have CDC right now. And CDC, particularly as it relates 
to cruise ships--Senator Nelson might care about this issue, as 
well--has this very myopic view on health. That it is only 
looking at the virus, no matter what the health impact are on 
other elements of our economy, communities.
    In my state, if we do not have another cruise ship season, 
we can do it safely, we are going to put thousands, if not tens 
of thousands, of my Alaskan--my fellow Alaskans out of work. 
CDC does not care. I have talked to them. I have worked with 
them. The good news is, I have talked to the Secretary of 
Commerce, who seems to care. I need your commitment, if 
confirmed, to work with this committee, to work with all of us, 
on the proper balance between health, economic health, and 
dealing with this pandemic.
    Right now, the CDC is a myopic organization that looks at 
just one tiny issue. And when you have thousands of people out 
of work, or being put out of work, that has health impacts, 
hugely in communities. Can I get your view on that?
    Ms. Kiernan. Yes, Senator. I think helping the tourism 
industry recover from the effects of the pandemic is a priority 
of the Department. And you certainly have my commitment to work 
with you and other members of the Committee and officials 
within Commerce, to try to identify ways to resolve the issues 
that you have identified.
    Senator Sullivan. Great, thank you. And Ms. Khan, I want to 
ask you very quickly--I know there are a lot of issues on tech 
that you are focused on--that you have been focused on. There 
has been some recent events that have drawn attention to Major 
League Baseball's unique, judicially created antitrust 
exemption. Why does Major League Baseball need such an 
exemption, especially when we see other sports leagues thriving 
without an antitrust exemption? You are an expert in this area. 
Do you have a view on that one?
    Ms. Khan. Yes, Senator. My sense is that generally Congress 
has viewed it as appropriate to grant exemptions when there are 
deep power asymmetries in the market. I am not sure that the 
MLB would really fall into that category, so I cannot really, 
you know--from the traditional set of criteria, I do not think 
it necessarily, you know, makes sense. But maybe there are 
other justifications that people thought were appropriate.
    Senator Sullivan. So, you are a skeptic of that judicially 
created exemption, is that what you are saying to me?
    Ms. Khan. I think exemptions are most appropriate, again, 
when you have deep asymmetries, such that, like, one side of 
the market needs to coordinate or come together. I do not 
really, right off the top, see what the asymmetry is with the 
MLB, like, where are they powerless relative to whom. So, that 
is the kind of question that I would ask to try and figure out 
if it is appropriate.
    Senator Sullivan. Great, thank you. Thank you, Madam Chair.
    The Chairwoman. Thank you. Senator Lummis.

               STATEMENT OF HON. CYNTHIA LUMMIS, 
                   U.S. SENATOR FROM WYOMING

    Senator Lummis. Thank you, Madam Chairman. I want to tell 
Senator Nelson how much I enjoyed meeting with you. It is great 
to see you again and we had such a great visit. I am delighted 
that you are the nominee for NASA's head and look forward to 
working with you.
    I do have some questions for you today. Do you think we 
need rules and policies to ensure that large commercial 
constellations are designed and operated in a way that ensures 
a very low aggregate collision risk level over their lifetimes?
    Mr. Nelson. Yes, ma'am. And what we are having so much 
infrastructure in space that we have a serious problem about 
some of that infrastructure colliding. And of course, you get a 
collision going at 17,500 miles an hour, you have got a 
problem. The problem has been exacerbated by the fact that the 
Chinese developing an ASAT, an antisatellite weapon, years ago. 
Launched it to destroy one of their satellites and, in so 
doing, just blew it to smithereens with thousands of pieces 
littering space as space junk. And so, the U.S. Air Force 
tracks all of this. And, as a result, when you get thousands 
and thousands of pieces, it becomes increasingly problematic 
trying to warn, for example, the International Space Station 
that they may need to alter their orbit in order to get out the 
way of this piece of space junk. Likewise, sensitive 
satellites, both defense as well as commercial and civilian.
    Senator Lummis. So, given the critical assets that NASA 
has, what level of risk caused by these commercial operations, 
would NASA be willing to accept from these commercial 
activities?
    Mr. Nelson. Well, I think you put your finger on something 
that has to be done in the future, and that is the development 
of ways that, when there is, say, a useless satellite that--and 
say it is a commercial. Yours is specifically commercial, but 
it could be a government satellite, as well. If it is--if it is 
dead, then there ought to be a provision for getting it down, 
degrading its orbit, of which it then gets into the upper 
atmosphere and will burn up on reentry. I think that is 
something that is already started, and it ought to be 
accelerated.
    Senator Lummis. Well, thanks for those answers. You know, 
part of NASA's success in recent years has been the focus on 
the partnership between government and the private sector. Can 
you talk about how you plan to continue this partnership 
between NASA and the private sector, as NASA Administrator?
    Mr. Nelson. Yes, ma'am. Continuing what Kay Bailey 
Hutchison and I started 11 years ago, setting NASA on the dual 
course of commercial operations in low Earth orbit and getting 
NASA out to go explore. And now, part of that being the Artemis 
program, of which you see these commercial operators that have 
been competing. That just announced by NASA. I am not privy to 
the internals of that, but what was stated in the newspaper is 
a--going to be a continuing source of working together in a 
cooperative way, especially when you put humans on board, 
because NASA's got to be involved to make sure that it is safe.
    Senator Lummis. One more question. What will you do to 
further expand the Artemis course, and ensure the U.S. not only 
leads in the technology, but also leads in the policy realm?
    Mr. Nelson. Well, I am going to try to continue to get it 
expanded and accepted by other countries that have not become a 
part of the Artemis accords. And that is, for example, that the 
moon should be a place that is not militarized. That the moon 
ought to be cooperative among nations, as more and more nations 
participate in lunar activities.
    Senator Lummis. Well, thank you so much, Senator. It is, as 
I said, so great to see you. I think it is delightful that 
former NASA Administrator Jim Bridenstine is so 
enthusiastically supporting your nomination. I look forward to 
working with you and I want to thank you for your willingness 
to take on the assignment.
    Madam Chairman, I yield back.
    The Chairman. Thank you. Thank you, Senator Lummis. I am 
going to ask Senator Peters to take over. I think Senator Lee 
is next and then, followed by Senator Peters. But he will be 
chairing the Committee while I run over to vote. So, thank you.

                  STATEMENT OF HON. MIKE LEE, 
                     U.S. SENATOR FROM UTAH

    Senator Lee. Thank you, Madam Chair. Thanks to all of you 
for being here today. Ms. Khan, I would like to start with you, 
if that is OK. The 6th Circuit has previously ruled that former 
FTC Commissioner Paul Rand Dixon had to recuse himself from a 
hearing based on the conduct in which he had been involved, 
where he had conducted an investigation as a member of the 
staff on the Senate Antitrust Subcommittee, prior to becoming a 
commissioner.
    In light of the fact that you had worked on the House 
counterpart to that committee, the House Antitrust Subcommittee 
and its report on digital markets, would you not be bound to 
follow that precedent by recusing yourself from any 
investigation into Facebook, Amazon, Apple, or Google?
    Ms. Khan. Thanks for the question, Senator. Let me say 
upfront, I have none of the financial conflicts or personal 
ties that are the basis for recusal under Federal ethics laws. 
And I would be approaching these issues with an eye to the 
underlying facts and the empirics, and really be following the 
evidence where it----
    Senator Lee. Would this create any of the appearance of 
empirics of impartiality issues, given your work for the 
subcommittee?
    Ms. Khan. Senator, you know, in so far as there are 
instances where defendants before the commission petitioned to 
have particular commissioners recused, those cases are resolved 
on a case-by-case basis. There is no categorical decision about 
that. If it were to arise, I would seek the guidance of the 
relevant ethics official at the agency and proceed accordingly.
    Senator Lee. But you do not see the 6th Circuit case as 
applicable to your instance?
    Ms. Khan. I would want to be more familiar with all of the 
relevant facts, but as this----
    Senator Lee. I think that cases involves, not any personal 
financial connections he had, but rather his work on the Senate 
Antitrust Subcommittee.
    Ms. Khan. Right. There are a set of recusals required under 
Federal ethics laws, where you are making categorical 
determinations before taking office.
    Senator Lee. Got you.
    Ms. Khan. With regards to prejudgment, as I mentioned, 
those are really recused--those are really resolved on a case-
by-case basis.
    Senator Lee. OK. And I have appreciated our previous 
conversations and wanted to follow up with you on a couple of 
things, including your philosophy on the FTC's any rulemaking 
power that you believe the FTC may wield. So, I have just got a 
quick series of yes or no questions.
    Should agencies exercise rulemaking powers--only those 
rulemaking powers that have been expressly granted by Congress?
    Ms. Khan. In so far as the FTC has expressed authority 
under 6(g) of the FTC Act, I think that would be appropriate.
    Senator Lee. Right. But it should not exercise rulemaking 
power in the absence of rulemaking power having been granted?
    Ms. Khan. I do not have a philosophical view on that. I 
would want to think about it.
    Senator Lee. OK.
    Ms. Khan. I think in the context of the FTC, I think that 
question is obviated by the fact that there is expressed 
authority in the statute.
    Senator Lee. Can the FTC utilize rulemaking power to get 
around precedent with which it disagrees?
    Ms. Khan. I am not sure. I mean, you know, Section 5 has 
a--there is a standalone basis to Section 5 and there is, you 
know, court precedent noting that the contours of Section 5 are 
not limited by the antitrust statutes. As we discussed 
yesterday, you know, there are going to be some questions of 
first impression here.
    Senator Lee. Right.
    Ms. Khan. But generally, you know, there are going to be 
several checks on the FTC, if it does go down this road.
    Senator Lee. Now, you mentioned Section 6(g) of the Federal 
Trade Commission Act. Are there any limits that the 
Commission--to what rules the Commission could promulgate under 
6(g), in order to define what it means to engage in unfair or 
deceptive trade practices, or unfair methods of competition?
    Ms. Khan. Yes, Senator. As you know, you know, the 
contours--the precise contours of unfair methods of competition 
rulemaking has been debated at the Commission for decades. 
There are a series of cases from the 1980s where the FTC 
adjudicated and, you know, courts came up with a few standards 
relating to coercion or oppressiveness. In practice, though, I 
think adjudication has not been very successful as a mechanism 
for defining the contours. And former Commissioner Josh Wright, 
in particular, has also written about this. So, I think there 
are some real questions still remaining.
    Senator Lee. As we have discussed in the past, there is 
some debate currently underway about our antitrust laws and 
about the consumer welfare standard, which we have discussed a 
little in the past. It is always important for us to evaluate 
our laws and to ensure that our standards for assessing whether 
particular behaviors and mergers and acquisitions are illegal, 
or should be illegal, whether they are harming Americans. Do 
you the consumer welfare standard is lacking?
    Ms. Khan. My--in my academic capacity, I have critiqued the 
consumer welfare standard. I have questioned whether it really 
is a good proxy for competitiveness, especially in the context 
of digital markets.
    Senator Lee. So, when assessing whether a merger, or a 
particular course of conduct, is anticompetitive, do you think 
courts and enforcers should take into account--take into 
consideration any impact that the action in question might have 
on innovation?
    Ms. Khan. Yes, absolutely.
    Senator Lee. Consumer choice, also?
    Ms. Khan. Generally speaking, I mean, the statute says, you 
know, substantially less in competition. Competition is not 
defined in the statue. So, you know, it is up to the agencies 
and the courts to really figure out what this means.
    Senator Lee. Price, market access, effects on quality, all 
should be taken into account?
    Ms. Khan. Exactly.
    Senator Lee. Well--my--and all that is great to hear. I 
think that is fantastic. All of these things are already in 
play and they play a significant role in our current antitrust 
law. And they are an aspect--they are all features of the 
consumer welfare standard. It seems to me that our laws could 
meet the need, if only enforcers brought the appropriate facts 
and the appropriate evidence in the appropriate cases to the 
table.
    Thank you, Mr. Chairman. I see my time has expired.

                STATEMENT OF HON. GARY PETERS, 
                   U.S. SENATOR FROM MICHIGAN

    Senator Peters. Thank you, Senator Lee, for your questions. 
And to each of you here before us, congratulations on your 
nomination and thank you for your willingness to serve your 
country and our country. These are big jobs that each of you 
are--been nominated for and we look forward to this process and 
wish you the best, should you be confirmed.
    Senator Nelson, it is a particular joy to see you here 
today. It is very fitting to see you here at the Commerce 
Committee hearing, just in a different position than I am used 
to seeing you over the years. But it is great to see you 
nominated for this position, something that you are imminently 
qualified to do. And your passion for space is legendary and it 
is wonderful to see you here. It is great to see your wife. 
Mrs. Nelson, wonderful to have you here. I think I saw your 
daughter here, as well. So, it is a family affair.
    You know, Senator, one thing that always struck me in 
working with you is, you talked about your experiences in space 
and the fact of the vision you had from space as you looked 
down on the planet and saw this blue, beautiful planet in 
space, and no lines between countries, just one Earth together. 
And that reminded all of us that we are one people, and we are 
on a very small planet in a very large universe and that we 
need to come together and try to dispel some of the partisan 
divisions that tend to dominate far too much, here in this 
place. So, I know you bring that spirit of bipartisanship as--
should you be confirmed as a NASA Administrator, and certainly 
something that we need throughout government.
    My question, though, to you, and statement, is that NASA 
is, of course, famously noted, or known, for the Kennedy Space 
Center in Florida, which you have had the privilege of 
representing as a senator. The Johnson Space Center in Texas--
certainly, it is a nationwide effort, but we have some great 
efforts in the State of Michigan, as well, that supports this. 
This is really a country coming together for this mission. It 
includes places, or companies, like Atlas Space Operations, up 
in Traverse City, to Futuramic in Warren, working on SLS rocket 
and many other projects, and other places all across the state. 
It is always a danger. I have now mentioned a couple companies. 
There are a long list of those companies that are there. Not to 
mention the work that we have with our universities, as well. 
And NASA has dozens of companies, all across every single state 
in the Union, supplying parts to NASA's deep space rocket, the 
SLS, Orion spacecraft, all of the different projects going 
forward.
    We discussed earlier this month, that you would be willing 
to come to Michigan. And I want to invite you again to come to 
Michigan to talk about how we deepen that supply chain. I think 
it is critically important that we harness the innovation that 
exists in these small companies all across our country. And I 
want to, kind of, hear your thoughts. How do you see deepening 
the supply chain, so that small companies have a reasonable 
shot to do business with NASA and bring their incredible 
innovation to the forefront for your efforts?
    Mr. Nelson. It is essential to the supply chain and there 
are preferences for small businesses. But the strength of this 
country is our ability to manufacture by bringing in all of 
these supplies. And when you get to the complexity of a 
spacecraft, you are having to draw from many different places 
and they have to be just exactly how they are designed, in 
order to work. And so, I look forward to coming back to 
Michigan. I have been there several times in my former capacity 
as senator and look forward to visiting with you, specifically 
some of your space community.
    Senator Peters. Well, I will look forward to that and, 
hopefully, we will do that soon, if confirmed, get you into the 
state so you can see firsthand some of the incredible work that 
is being done there.
    I currently sit as Chair of Senate Homeland Security and 
Government Affairs Committee. And we are very active in Federal 
procurement and want to make sure that, as the Federal taxpayer 
money is being spent, that it is always a priority to spend 
that money in the United States, to employ domestic workers. We 
have--without question, ours are--the skills of American 
workers are the best in the world. We have got the best 
workers, engineers, scientists here that we want to make sure 
that that money is focused into our own country.
    So, my question for you, as Administrator, to the extent 
that is permitted by law, how will you work to prioritize 
domestic supplies for NASA?
    Mr. Nelson. It is a very important part for President Joe 
Biden in his Build Back Better and Buy American. And we will 
operate accordingly at NASA, in as much as is possible.
    Senator Peters. Well, I appreciate that. Thank you for your 
answers and look forward to working with you, if confirmed, in 
the years ahead. Thank you.
    The Chairwoman. Thank you, Senator Peters. Thank you for 
holding down the fort here and for getting us through more 
questions. I do think we have a few members left who still want 
to ask questions, but I am hoping in the next 15 or 20 minutes 
we will be able to wrap up the hearing, unless we come back 
with a big demand from comments already made. So, Senator Cruz, 
if you are ready. Senator Cruz is next, followed by Senator 
Rosen.

                  STATEMENT OF HON. TED CRUZ, 
                    U.S. SENATOR FROM TEXAS

    Senator Cruz. Thank you, Madam Chair. Welcome to each of 
the nominees. Senator Nelson, good to see you. Congratulations 
on your nomination. You and I spoke a few weeks back and, as I 
told you then--as I have said publicly, there are not many 
Biden nominees about whom I am enthusiastic, and your 
nomination is a notable exception to that. And I am 
enthusiastic because you and I have worked together for a lot 
of years and I know that you genuinely care about the mission 
of NASA, that you genuinely care about space and exploration, 
and American leadership in space.
    And you and I together, as Chair and Ranking on the Space 
Subcommittee, have worked for a number of years, have 
authorized bipartisan legislation together, focused on 
continuing America's leadership in space, focusing on 
maintaining NASA's position as the preeminent space agency in 
the world. And focusing on ensuring, also, that there are not 
dramatic discontinuations of ongoing projects within NASA. That 
we have both seen, with any change of administration, there is 
a risk to NASA, a risk that billions of dollars and thousands 
of man hours will be thrown away as the agency changes course 
dramatically. And so, we have worked together, whether the 
transition is to a Republican administration or a Democratic 
administration, ensuring that there is a continuity that 
continues the--the tremendous leadership and progress we are 
seeing in space.
    So, I am very glad to have your nomination. I look forward 
to our continuing to work together, in now different 
capacities.
    Mr. Nelson. And, Senator, I want to thank you for your 
continued leadership, after I left the Senate. You, Senator 
Cantwell, Senator Sinema did the NASA Authorization of 2020. It 
not only did that continuation that you are talking about, but 
also, trying to extend the life of the ISS. And so, thank you 
for that.
    Senator Cruz. Well, absolutely, and that is--extending the 
life of the ISS is something you and I have worked together for 
a long time on. I know the answer to this, but I will ask it 
anyway, which is I assume you support the full utilization of 
the ISS beyond 2024, at least through 2030, and as long as 
technology allows the ISS to be safely utilized.
    Mr. Nelson. And we are seeing some of the fruits of the 
labors over the years, not only of international cooperation on 
the International Space Station, but some of the research that 
it is occurring, and I will just pick out one. As a result of 
pharmaceutical research on the station, we now--scientists have 
developed the way to more effectively insert the drug Keytruda 
in cancer research.
    Senator Cruz. I think that is right. And one area that I 
have been very focused on, that I look forward to continuing to 
work with you on, is how to incentivize more commercial 
development on the ISS in space, and how to potentially create 
a revenue stream for further exploration to come from the 
commercial developments that the Federal Government has 
facilitated. And I think there--there are lessons in terms of 
how universities have handled it, incentivizing innovation and 
developing revenue streams from it, that it think, on the space 
side, we could learn important lessons from.
    Ms. Khan, congratulations on your nomination, as well. As 
you know, I have deep concerns about Big Tech and the power of 
Big Tech. And I believe the FTC should be doing much more to 
reign in the anticompetitive abuses of Big Tech, to reign in 
the blatant censorship and the hubris demonstrated by Big Tech. 
What are your views on the risks posed by Big Tech, both on a 
competition side and on a consumer protection side, and in 
particular, the risks posed by censorship and imposition of 
their views upon the free market of ideas?
    Ms. Khan. Senator, I have been quite public about my 
concerns about concentrated power in the context of digital 
markets. I think on the competition side, we are continuing to 
see a whole range of potential risks. One that comes up, across 
the board, is the way in which being able to dominate one 
market gives these companies, in some instances, the ability to 
expand into adjacent markets. And the self-reinforcing 
advantages of data make it much easier to capture an entire 
ecosystem.
    I think on the consumer protection side, there are some 
really interesting questions to be asked, specific to 
behavioral ad-based business models, in so far as, you know, 
these business models really incentivize endless vacuuming up 
of data. I worry that, in some cases, you know, some of these 
companies may think it is just worth the cost of business to 
actually violate privacy laws.
    So, those are some of the concerns that come to mind. And I 
think, you know, it seems like these are growing increasingly 
bipartisan concerns.
    Senator Cruz. Well, I look forward to working with you on 
them. And I will say, in particular, I think there is a lot 
more the Commission can do in terms of promoting and ensuring 
transparency from Big Tech which, right now, is incredibly 
opaque. Thank you.
    The Chairwoman. Thank you. Senator Rosen.

                STATEMENT OF HON. JACKY ROSEN, 
                    U.S. SENATOR FROM NEVADA

    Senator Rosen. Thank you, Chair Cantwell, Ranking Member 
Wicker. Thank you to all the nominees for your continued 
commitment to public service. And of course, Senator Nelson, I 
so enjoyed the conversation that we were able to have last 
week. And so, I want to talk about women in space and STEM.
    Senator Nelson, we have the Artemis program, of course, and 
NASA is aiming to put the first woman on the moon. So, as 
Senator Klobuchar noted earlier, incredible women at NASA have 
paved the way for more women in space, but we still have a huge 
gap in representation. Research has shown it is critical to 
offer STEM opportunities and workforce development at an early 
age, especially to reach girls and other historically 
underrepresented groups. Of those students who eventually work 
in the aerospace and defense work force, 71 percent of young 
professionals report that they first became interested in those 
careers in grade school.
    So, NASA conducts STEM education outreach activities at all 
levels, K-12, internships, all of it. And like Senator Thune, I 
am particularly interested in the NASA EPSCoR, the joint 
Federal-State program designed to allow more states, like 
Nevada, to participate in space and in aeronautics. So, during 
our meeting last week, earlier today in the hearing, I was 
pleased to hear your continued support of that program and 
others.
    So, Senator Nelson, what other investments should 
Congress--should we be considering for NASA to ensure that 
today's school children, those kids in the third grade today, 
that we inspire them to reach for the stars, I guess, if you 
will? And we want to be sure they are well-equipped. So, what 
do you think we can do that--how do you think we can best do 
that?
    Mr. Nelson. Indeed, we can inspire this generation of 
students in ways that, otherwise, they might not get inspired 
through the Space Program. We have seen this in the past. We 
saw that happen after the Apollo program to the moon. For we 
saw that suddenly, for an entire generation, kids were turned 
on to science and technology and engineering and mathematics. 
And so, the President's budget, as recommended to the Congress, 
is having a significant increase in STEM in little old NASA. 
And if you all give us the resources, if I am confirmed, then 
we want to really pour the juice to this to get these STEM 
grants out to your universities. That is going to be very 
important.
    And then, of course, you say how--what are techniques that 
we can use? You know, we, in NASA, readily use our astronauts 
and our retired astronauts, as a means of delivering the 
message, which students seem to just--it fires their little 
imaginations. And we want to try to continue that, too.
    Senator Rosen. Well, I can tell you, I was one of those 
kids who watched all through the 1960s. We were glued to the TV 
for every space launch, for landing on the moon, and hey, I 
became a women in tech. So, maybe it had an impact on me there.
    But I would like to move on quickly to data security. So, 
Ms. Kahn, as I said I am a former computer programmer, systems 
analyst. I understand firsthand the importance of data, 
cybersecurity. The pandemic has forced all of us to transition 
to work from home, to telework. Of course, hackers took notice 
and they have impacted every sector, from healthcare to school 
to business, you name it, unfortunately.
    So, last year I introduced several bills aimed at 
protecting and strengthening our cybersecurity capacity, such 
as improving telework cybersecurity for small organizations or 
small businesses hit particularly hard, or school districts 
with ransomware, and the like. And so, we need to continue to 
do that, and we need to work on those collaborative efforts and 
guidance, through support through SISA and the FTC.
    So, Ms. Khan, how can FTC better partner with private 
entities to build a stronger defense against data breaches? How 
will you promote that working relationship?
    Ms. Khan. Senator, let me say, right off the front, I 
think, you know, the harms of lax data security are immense. 
And I think what we have seen over the last few years is that 
this is no longer just about identity theft anymore. You know, 
there are real national security implications, in so far as we 
have seen some state-sponsored hacks, as well.
    With regards to the, you know, work of the FTC with private 
groups, my understanding is that the Commission has been doing, 
you know, as part of its education and outreach campaigns, 
specific work with small businesses. I have not had the 
opportunity to see any empirical data on the efficacy of that 
work, but I look forward to learning more about that.
    Senator Rosen. Well, I look forward to working with you on 
that because our small businesses really need a lot of help to 
do their own cyber hygiene and continue to maintain, upgrade, 
and patch the commercial software that they use. It is 
particularly important in this day and age. And thank you for 
your willingness to serve.
    I believe my time is up. Thank you, Madam Chair.
    The Chairwoman. Thank you, Senator Rosen. And I think that 
concludes the number of Commerce Committee members who wish to 
ask questions. I do have a question for the panelists that we 
are making standardized in our request to nominees, and if you 
could, just give me a yes or no answer. If confirmed, will you 
pledge to work collaboratively with this committee, provide 
thorough and timely responses to our requests for information, 
as we put together and address important policy issues, and as 
you appear before the Committee when requested?
    Mr. Nelson. Yes.
    Ms. Khan. Yes.
    Ms. Kiernan. Yes, Senator.
    The Chairwoman. Thank you. Well, I think this has been an 
excellent hearing. We have had great participation from all of 
our colleagues. We covered a lot of information in a--in a few 
hour period of time. I appreciate the nominees on their 
questions. The hearing record will remain open, though, for two 
weeks, until May 5, 2021, and Senators will have the 
opportunities to submit questions for the record. We ask that 
the nominees return their questions to the Committee in a 
timely fashion, so that we can move forward, obviously, with 
the processing of your nominations before this committee and 
onto the floor.
    With that, we are adjourned.
    [Whereupon, at 12:40 p.m., the hearing was adjourned.]

                            A P P E N D I X

   Response to Written Questions Submitted by Hon. Edward Markey to 
                            Hon. Bill Nelson
    Remote Sensors and Environmental Justice. The National Aeronautics 
and Space Administration (NASA) uses remote sensors to observe Earth 
and other planetary bodies. These sensors provide important data that 
can play a critical role in data-informed decision making about the 
state of our planet.

    Question 1. As Administrator, would you support NASA's 
collaboration with the Environmental Protection Agency and Council of 
Environmental Quality, to ensure that we have access to real-time 
remote sensing data to monitor environmental justice concerns, such as 
air quality, and complement data collection on the ground?
    Answer. Yes. NASA engages in a number of interagency efforts 
providing data and expertise to support Federal and local policymakers, 
limited only by available funding, and has a number of data sources 
that may be of interest, including water availability, sea levels, 
soils, and applied expertise in a number of areas, including related to 
disasters such as flooding and wildfires. If confirmed, I look forward 
to working with NASA's Earth Science division on how else NASA data and 
research can support these efforts.

    Spacecraft assembly and manufacturing. NASA spacecraft play a major 
role in helping us monitor, understand, and characterize our changing 
climate. On-orbit robotic assembly and in-space manufacturing could 
help support more Earth Science and climate instruments to operate 
simultaneously.

    Question 2. As Administrator, would you work to support this kind 
of transformational technologies, particularly in aiding Earth Science 
priorities?
    Answer. Yes. On-orbit Servicing, Assembly, and Manufacturing or 
OSAM is an emerging set of capabilities that create the opportunity to 
assemble, maintain and repair spacecraft on-orbit, expand the scale of 
science platforms, manufacture structures/components, and extend the 
service life of on-orbit assets. NASA, other Federal agencies, and the 
commercial space industry are working to develop these capabilities, 
all of which could help expand in-space observational capabilities, 
extend the life of satellites, and lower costs overall for space-based 
observations. NASA is developing a satellite servicing mission that 
will refuel and relocate a government-owned Earth Science satellite 
(LANDSAT-7) to extend its life. As you note, these capabilities would 
be transformational, and I support their development.

    Human Landing System Procurement. More than 3,800 U.S. companies, 
including small businesses, are advancing technologies and systems 
needed to meet NASA's goal of establishing a sustainable human presence 
at the Moon by 2028.

    Question 3. As a result, do you commit to being transparent with 
Congress about Human Landing System procurement decisions, in order to 
foster competition and innovation?
    Answer. Yes, transparency, to the extent possible given proprietary 
concerns, with Congress and the public is key.

    Historical Memorabilia. NASA is in possession of artifacts and 
records of great historical value to the government and of high public 
interest.

    Question 4. If confirmed as NASA Administrator, would you work to 
ensure NASA properly safeguard, store, index, manage and make publicly 
available these historical assets?
    Answer. Yes, and I look forward to being briefed on the current 
status of NASA's historic assets.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Kyrsten Sinema to 
                            Hon. Bill Nelson
    University Partnerships. As you know, I was Ranking Member on the 
Aviation and Space Subcommittee last year. I worked hard to champion 
university partnerships with NASA, to ensure projects remain on time 
and under budget. Our Arizona universities do excellent work with NASA, 
and I look forward to those strong relationships continuing.

    Question 1. How do you plan on approaching university partnerships 
if you are confirmed as Administrator?
    Answer. I will continue and enhance university partnerships. Across 
all of NASA--human space flight, space science, aeronautics, space 
technology, and STEM--partnerships with universities and university 
researchers are critical to NASA's success. If confirmed, I look 
forward to learning more about how NASA can expand work with 
universities to carry out its many missions and research.

    Near Earth Objects. The Near Earth Object Surveillance Mission is 
led by the University of Arizona, is critical to planetary defense, and 
unfortunately is way behind schedule due to inconsistent NASA support.

    Question 2. Can you commit to keeping the mission moving forward 
and to keeping my team updated on the status of the mission as it 
progresses?
    Answer. Yes. The key to any strategy for responding to hazardous 
asteroids is early detection. I look forward to being briefed on the 
status and progress of the Near-Earth Object Surveillance Mission, and 
I will certainly keep you updated as the mission progress
                                 ______
                                 
     Response to Written Question Submitted by Hon. Jacky Rosen to 
                            Hon. Bill Nelson
    Artemis. Senator Nelson, as NASA continues forward on the Artemis 
project, what will you do to ensure competition within the HLS mission 
to ensure that we continue to enhance innovation, keep costs low, and 
reach the moon and cislunar space?
    Answer. If confirmed as Administrator, my goal is a competition for 
multiple lunar landers from multiple companies for the next phase of 
the HLS program. Competition in this program will drive innovation, 
cost savings, and give NASA the best possible chance to create a 
sustainable lunar exploration program that prepares us for eventual 
crewed missions to Mars. I look forward to working with the Congress to 
ensure NASA has the resources to enable competition for this program.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Ben Ray Lujan to 
                            Hon. Bill Nelson
    Flight Opportunities Program and the Suborbital Crew Program. Mr. 
Nelson, two programs of particular interest to my home state of New 
Mexico are the Flight Opportunities Program and the Suborbital Crew 
Program. As you know, the Flight Opportunities Program has successfully 
worked with commercial suborbital companies to fly research payloads to 
space. In addition, the Flight Opportunities program recently released 
a call that allows those non-NASA researchers to propose human-tended 
payloads for flight through the program.

    Question 1. How do you envision NASA expanding upon the important 
research conducted through these platforms and what can Congress do to 
assist?
    Answer. I believe NASA should look at ways to increase research and 
flight opportunities for principal investigators, particularly early 
career researchers. The flight opportunities program has benefited the 
research community by giving them more spaceflight opportunities, and 
it has the added benefit of supporting the growing suborbital 
spaceflight industry. If confirmed, I look forward to being fully 
briefed on this program and others that involve suborbital spaceflight 
to ensure these programs are properly resourced.

    Suborbital Crew Program. The Suborbital Crew Program was proposed 
last June as a way for NASA researchers and astronauts to train and 
conduct research in space. This program needs to be authorized in 
Congress, likely in a NASA Reauthorization, of which this committee has 
jurisdiction.

    Question 2. I know you cannot comment on pending legislation, but 
can you indicate your intentions to implement and grow this program?
    Answer. As nominee for NASA Administrator, I don't have full access 
to NASA's programs. If confirmed, I look forward to being fully briefed 
on the Suborbital Crew Program. On my shuttle flight, I performed 12 
experiments in orbit, so I understand the value of human-tended 
experiments.

    Spaceport America. Mr. Nelson, as you know New Mexico is home to 
Spaceport America, which is one of the twelve spaceports in the United 
States. I have seen firsthand the importance of this spaceport not only 
to the local economy but to the research and exploration conducted 
through the public private partnerships with the agency.

    Question 3. Do you agree that continued improvements to America's 
spaceports are needed to grow not only our industry partnerships, but 
also for safe and sustainable government use?
    Answer. It is critical that the U.S. have more than one way to 
access space, and I support continued improvements to our launch 
infrastructure to ensure such access. If demand for access to space 
continues to grow, it seems likely that more launch providers will 
explore using commercial spaceports to mitigate scheduling conflicts 
and congestion as exiting launch sites. NASA will continue to work with 
launch providers to assess their capabilities and the feasibility of 
flying NASA payloads on these launch systems.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                            Hon. Bill Nelson
    Question 1. NASA's Infrastructure
    In 2020, Hurricane Zeta struck the Gulf Coast and caused 
significant damage to NASA infrastructure at Stennis Space Center and 
the Michoud Assembly Facility. According to NASA, these repairs will 
cost just over $174 million. These facilities represent irreplaceable 
national assets and the backbone of NASA's spacecraft manufacturing and 
test capabilities. Will you work to ensure that these facilities are 
repaired?
    Answer. Yes, I will work with the Congress to address NASA's 
massive infrastructure needs, including damage at Stennis Space Center 
and the Michoud Assembly Facility caused by Hurricane Zeta. Over 80 
percent of NASA 5,000 buildings and structures are beyond their 
constructed design life. Maintenance issues and facility failures 
directly impact NASA's missions and employee safety, which is 
unacceptable.

    Question 2. China Competition
    According to the 2019 Annual Report published by the U.S.-China 
Economic and Security Review Commission, China's ambitions are, ``to 
establish a leading position in the economic and military use'' of the 
space domain. To further its goal, China has exploited U.S. export 
control laws and partnerships with U.S. universities to gain access to 
critical space technologies. Even more troubling, the Report identifies 
China as responsible for cyberattacks targeting NASA, NOAA, and U.S. 
contractor systems. Given this pattern of behavior, do you agree that 
partnering with the People's Republic of China in space would reward 
egregious acts and prove detrimental to the long-term stability and 
peaceful use of space?
    Answer. NASA will continue to follow U.S. law (``the Wolf 
amendment''), which says that the agency will not collaborate with 
China unless NASA, in consultation with the FBI, certifies that the 
collaboration does not risk transferring technology or data with 
national or economic security implications. There are some areas where 
it may make sense to talk to China--for instance, right now both NASA 
and China have spacecraft in orbit around Mars, and the two nations 
need to share data to avoid a collision. However, any such contact 
should be carefully considered to ensure it's in the best interest of 
the United States.

    Question 3. STEM
    As you know, one of the most powerful tools for building America's 
future STEM workforce is the broad portfolio of STEM education and 
engagement activities that NASA supports. We have had conversations in 
this committee recently about ensuring that U.S. science investment is 
spread evenly across educational and research institutions in more 
states. Similarly, NASA's STEM efforts should strive to spread 
opportunities across the Nation and leverage growing commercial 
spaceflight capabilities. Programs such as the flight opportunities 
program and suborbital crew program further this goal by making space 
more accessible for education and research. Do you support programs 
such as Flight Opportunities and Suborbital Crew to expand spaceflight 
access?
    Answer. Yes. The flight opportunities program has supported flight 
demonstrations for hundreds of technology demonstrations. This has the 
dual benefit of giving more sub-orbital spaceflight opportunities to 
researchers and growing business for new suborbital companies. NASA 
recently announced non-NASA researchers could fly on suborbital flights 
to tend to their payload. On my shuttle flight, I performed 12 
experiments in orbit, so I understand the value of human-tended 
experiments.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Ted Cruz to 
                            Hon. Bill Nelson
    Question 1. Senator Nelson, during your confirmation hearing I 
asked you about fully utilizing the International Space Station beyond 
2024 and at least through 2030. While I know you answered the question 
at the time, I wanted to ask it again to give you an opportunity to 
respond in writing and to further expand on your answer.
    Do you support the full utilization of the ISS beyond 2024 and at 
least through 2030, as long as technology allows the ISS to be safely 
utilized?
    Answer. As noted during the hearing, in 2018 I joined you on 
legislation to extend ISS to 2030. Given the significant taxpayer 
investment in this incredible asset and the benefits to NASA and the 
public of ISS-based research, I believe we should maximize use of the 
ISS. I look forward to being briefed on the technical feasibility of 
extending ISS to 2030, because as you note, the safety of our people in 
space is the top priority.
    From cancer drugs to robotic surgery, research performed on ISS has 
already improved life on Earth. With the regular transport of U.S. 
astronauts to ISS by two commercial providers, I believe NASA may be 
able to increase the number of astronauts on station performing 
research and development activities. In addition, studies performed on 
ISS are helping NASA determine how we can safely live and work further 
and further from Earth, which is critical for human exploration of the 
Moon and eventually Mars.
    We all know the ISS cannot safely remain in orbit indefinitely, but 
I think it's important that the U.S. continue to have access to low-
Earth orbit. Private companies are developing commercial space 
stations, and NASA may eventually be one of many customers on a 
commercial space station. These companies can use ISS to help develop 
these capabilities.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Dan Sullivan to 
                            Hon. Bill Nelson
    Question 1. Senator Nelson, as space access becomes more frequent 
and less cost prohibitive, our existing commercial and government 
launch infrastructure in the U.S. will be relied upon to absorb the 
increased demand. What role do you see commercial spaceports, like the 
state-owned Pacific Spaceport Complex--Alaska, playing in future access 
to space?
    Answer. If demand for access to space continues to grow, it seems 
likely that launch providers will explore using commercial spaceports 
to mitigate scheduling conflicts and congestion as exiting launch 
sites.

    Question 2. Senator Nelson, assuming compliance with our 
international space partnerships, do you think NASA should be 
prioritizing launches from spaceports on U.S. soil?
    Answer. I believe, consistent with Title 51 Section 50131 of U.S. 
code, NASA should acquire space transportation services from United 
States commercial providers.
                                 ______
                                 
 Response to Written Questions Submitted by Hon. Richard Blumenthal to 
                              Lina M. Khan
    Anticompetitive nature of pharmaceutical rebate walls. As a result 
of continued consolidation in the pharmaceutical industry, patients 
today face a number of hurdles in accessing innovative, affordable 
prescription drugs. In some circumstances, this access is foreclosed 
because of pharmaceutical ``rebate walls''--a tactic that prevents 
healthcare plans from choosing the lowest cost and most efficacious 
drugs--leading to higher prices.

    Question 1. How do rebate walls operate to limit patients' choice 
and raise costs?
    Answer. The rebating practices reportedly used by pharmaceutical 
companies and pharmacy benefit managers are extremely concerning. When 
rebate walls exclude new entrants, they tend to deprive patients of 
choice and result in higher drug prices. If confirmed, I look forward 
to using the FTC's tools to combat any unlawful practices.

    Question 2. What actions can the FTC take to address the problem of 
rebate walls as a barrier to competition?
    Answer. The FTC has a broad range of authorities relevant to 
combatting anticompetitive practices, including law enforcement, market 
monitoring, and rulemaking. If confirmed, I look forward to working 
with my fellow Commissioners to take concrete steps on this issue.

    Question 3. What specific tools are available to the FTC as part of 
its merger review process to ensure that merging companies will not 
leverage their market power to use volume-based rebates to block a 
competitor's access to drug formularies?
    Answer. The Hart-Scott-Rodino Act requires that merging parties 
notify the Commission and the Justice Department ahead of certain 
pending transactions. The Commission is empowered to collect data and 
other evidence from market participants to determine whether the 
merging parties would have the incentive and ability to use their 
newfound market power to engage in unlawful practices. If confirmed, I 
would seek to ensure that the agency is making full use of its 
authority.

    Question 4. If confirmed as FTC Commissioner, will you commit to 
engaging with the Center for Medicaid and Medicare Services, the Food 
and Drug Administration, and other relevant agencies to address rebate 
walls and other anticompetitive practices in health care?
    Answer. Yes.

    Implementation of the Horseracing Integrity and Safety Act. Late 
last year, Congress passed the Horseracing Integrity & Safety Act 
(HISA), which will improve track safety for our equine athletes and 
reduce medication and doping in horse racing nationwide. As part of 
HISA, the Federal Trade Commission (FTC) must review, publish, and 
provide opportunity for comment on proposed rules from the HISA 
Authority, and if appropriate, approve those rules. The FTC will also 
receive notice of sanctions by the HISA Authority, and if the 
sanctioned party petitions for review of the HISA Authority's decision, 
then the administrative law judge within FTC will conduct hearing and 
render decision.

    Question 5. Will you commit to working closely with the Senate 
Committee on Commerce, Science, and Transportation on HISA's 
implementation and to providing the appropriate resources at the FTC to 
ensure HISA is ready to be the standard of the land by the 
implementation date of July 1, 2022?
    Answer. The FTC must faithfully administer and enforce the statutes 
that Congress has assigned to it, and if confirmed I would seek to 
ensure the agency is fulfilling these statutory obligations across the 
board.

    Racial justice accountability for technology companies. Monopolies 
often harm workers, consumers, and small business owners: there have 
been numerous reports on the labor issues at Google, from firing 
whistleblowers to ignoring concerns about harassment; YouTube's 
algorithm leads users toward white nationalist content; and small 
business owners never know when changes to Google Search's algorithm 
could bury their company's website. These issues are exacerbated for 
Black people and other people of color who navigate them in addition to 
racial bias.

    Question 6. Companies like Facebook point to their transparency 
reports, which give only a surface-level understanding of enforcement 
on the platform, as proof that they are being transparent. Can you 
speak more to how data disclosures from firms can help close those 
asymmetries?
    Answer. Opaque business practices contribute significantly to 
information asymmetries, and data disclosures can be an important tool 
for mitigating these gaps and imbalances. Congress vested the FTC with 
significant authority to collect data from market participants, and, if 
confirmed, I would seek to ensure that the agency is making full use of 
these tools.

    Question 7. How might robust antitrust enforcement create more 
competition and more options for workers, consumers, and small business 
owners of color?
    Answer. Empirical research suggests that growing consolidation and 
the rise of market power has contributed to lower wages, higher prices, 
and declining rates of new business formation. Communities of color can 
be the hardest hit by some of these effects. Robust antitrust 
enforcement can reduce the unlawful exercise of market power and create 
more opportunities for workers, consumers, and small business owners 
across the board.

    Racial Justice. The FTC's Every Community program demonstrates the 
necessity to treat consumer protection as an issue of equity. The 
Commission found that Black and Latinx communities were least likely to 
report fraud despite experiencing it at higher rates. This program 
conducted education campaigns to raise awareness, expand research, and 
investigate fraud. Similarly, racial justice advocates are raising 
concerns about how monopolies and privacy violations disproportionately 
harm communities of color.

    Question 8. How might the consumer protection standard be expanded 
to include racial justice equities?
    Answer. The FTC should ensure its efforts vigorously protect 
victims of corporate abuse, including those who suffer the greatest 
harm. Given that communities of color are some of the worst hit by 
unfair and deceptive practices, effective enforcement by the FTC should 
help mitigate some of these inequities. Congress has also charged the 
FTC with enforcing the Equal Credit Opportunity Act, which prohibits 
credit discrimination on the basis of race, color, religion, national 
origin, sex, sexual orientation, gender identity, marital status, age, 
or receipt of public assistance. Although the FTC has brought only one 
ECOA enforcement action over the last decade, more robust enforcement 
could help prevent unlawful discrimination.

    Question 9. If confirmed as FTC Commissioner, can you commit to 
quickly meeting with relevant advocacy groups to learn how you can 
protect communities of color during your tenure?
    Answer. Yes, if confirmed I would be committed to soliciting input 
from relevant advocacy groups to learn how the FTC could better protect 
communities of color.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Brian Schatz to 
                              Lina M. Khan
    Data Collection. In your testimony, you expressed concerns about 
the behavioral advertisement-based business models that are 
``reinforcing advantages of data collection'' and the way these 
business models incentivize companies to collect more data from their 
consumers often to the consumers' detriment.

    Question 1. How should we ensure that companies do not use their 
customers' data in a way that would harm them?
    Answer. Recent history suggests that, as a general matter, the FTC 
has struggled to ensure that corporations are not misusing user data. 
When crafting remedies for unlawful data practices, enforcers should 
(1) scrutinize the underlying business incentives that are encouraging 
abusive data practices, and (2) use the full scope of the remedial 
toolkit to deter lawbreaking.

    Question 2. Would including a duty of loyalty in Federal privacy 
law enhance consumer protection?
    Answer. Given the prevalence of behavioral ad-based business 
models, one basic question for any Federal privacy law is whether it 
changes a firm's underlying incentive or ability to engage in chronic 
user surveillance. Another important question is whether the law is 
administrable, or whether it instead presumes capacities that enforcers 
lack. The FTC's experience suggests that any Federal privacy law should 
be responsive to these factors. If confirmed, I look forward to 
continuing to consider ways that various legal frameworks--including 
those centered around a duty of loyalty--could enhance consumer 
protection.

    Internet Transparency. You emphasized the lessons we can learn from 
our history on ``safeguarding core liberties''.

    Question 3. How would requiring online platforms to provide more 
transparency and accountability about their content moderation 
practices benefit consumers?
    Answer. Black-box algorithms and opaque decision-making processes 
can obscure from public view the realities of how certain products and 
services are functioning. Providing additional transparency could help 
mitigate some of these basic information gaps, aiding public research 
and accountability.
                                 ______
                                 
   Response to Written Question Submitted by Hon. Raphael Warnock to 
                              Lina M. Khan
    Counterfeit Goods. Counterfeit goods are a pressing concern for 
Georgia's businesses and consumers. Counterfeit products take advantage 
of consumer confidence and can endanger public health, especially when 
they are manufactured using faulty or illegal components and processes. 
Counterfeit products also harm businesses by abusing the name, brand, 
and value of trusted and well-known businesses in Georgia. The sale and 
purchase of counterfeit goods costs Georgia consumers and businesses 
millions of dollars each year, with many of these transactions taking 
place on online platforms that I know you have studied extensively.

    Question. Ms. Khan, what steps would you take as FTC commissioner 
to protect Georgia's consumers and businesses from counterfeit 
products?
    Answer. Counterfeit products harm both consumers and honest 
businesses. Investigative reporting has suggested that e-commerce 
platforms may turn a blind eye to--or, in some cases, may even 
facilitate or encourage--counterfeit products. The FTC should ensure it 
understands the business incentives facing e-commerce platforms and 
should focus enforcement efforts on entities that are most profiting 
from the prevalence of counterfeits.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                              Lina M. Khan
    Question 1. Privacy and Challenges with Duty of Loyalty 
Requirements
    Ms. Khan, last Congress, I introduced the SAFE DATA Act with 
Senators Thune, Blackburn, and Fischer. This legislation would provide 
consumers with strong data privacy rights and protections, and it would 
establish clear rules of the road for businesses across the country.
    Do you support Congress developing bipartisan data privacy 
legislation that establishes strong data protections for consumers and 
clear rules for businesses to follow?

   Follow Up: in December you co-authored an article in the 
        Harvard Law Review entitled ``A Skeptical View of Information 
        Fiduciaries,'' where you questioned the adequacy of imposing 
        fiduciary duties, such as a ``duty of loyalty,'' on online 
        platforms.

    In fact, you questioned the ``feasibility'' and ``coherence'' of 
this idea (p. 504) and later stated that you see ``little 
constitutional upside'' to the information fiduciary proposal and 
``significant policy downside'' (p. 530).
    Could you please elaborate on these views for the Committee and 
discuss the challenge of enforcing a fiduciary-like responsibility on 
online platforms, an issue you also discuss in the article?
    Answer. A national privacy law seems critical. Given persistent 
information asymmetries in digital markets and enforcement challenges 
that the FTC has faced, ensuring that any new privacy rules are clear 
and administrable will be paramount.
    ``A Skeptical View of Information Fiduciaries'' was a co-authored 
academic article responding to a proposal outlined by Professor Jack 
Balkin. The article questioned how Professor Balkin's proposal would 
fit with existing fiduciary obligations and state law. More broadly, 
the article unpacked the analogy that Professor Balkin's proposal draws 
between online platforms and their end users, on the one hand, and 
traditional professional fiduciaries (like doctors and lawyers) and 
their users (like patients and clients) on the other. While I wrote 
this article in the context of a scholarly debate, if I am confirmed I 
would look forward to considering how various legislative proposals 
could robustly safeguard user privacy.

    Question 2. Name, Image, and Likeness Legislation
    Ms. Khan, this committee is working to develop bipartisan 
legislation to permit college athletes to be compensated for the 
commercial use of their name, image, or likeness. The FTC's expertise 
in consumer protection matters will be an important asset in overseeing 
this new marketplace. If confirmed, will you commit to working with 
this committee to ensure the FTC has the appropriate personnel 
expertise and resources to effectively oversee the protection of 
student athletes and their families in this new market in college 
sports?
    Answer. Yes, if confirmed I would be happy to work with the 
Committee as it addresses this important issue.

    Question 3. FTC Contact Lens Rule
    Ms. Khan, eye doctors have complained that some online sellers use 
automated robocalls to take advantage of the current ``passive 
verification'' system to sell consumers contact lenses not prescribed 
by their eye doctor. In your view, what if anything, can the FTC do to 
address the problem of robocalls in the contact lens regime's passive 
verification system?
    Answer. On June 23, 2020, the Commission announced final amendments 
to the Contact Lens Rule. The rule included updates to requirements on 
sellers seeking to verify prescriptions from prescribers. If confirmed, 
I would seek to hear from eye care professionals about the impact the 
recent amendment to the rule may be having on their business, including 
whether the rule is contributing to robocalls received by eye doctors. 
Understanding potential obstacles faced by eye care practitioners seems 
especially important given that many independent practitioners have 
struggled during the pandemic.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Jerry Moran to 
                              Lina M. Khan
    Question 1. Given the recent Supreme Court decision to limit the 
FTC's authority under Section 13 of the FTC Act, what factors should 
Congress consider when deciding whether and how to bolster the FTC's 
authorities under this Section? What limitations to the authorities 
should be considered?
    Answer. Over the last few decades, the FTC has used Section 13(b) 
of the FTC Act to secure billions of dollars in relief for victims of 
unlawful conduct, including anticompetitive pharmaceutical practices, 
telemarketing fraud, privacy and data security violations, and scams 
that target seniors and veterans. When considering legislative action 
in the wake of the Supreme Court's decision limiting the FTC's Section 
13(b) authority, lawmakers should aim to guarantee that the FTC can (1) 
secure monetary redress for victims of unlawful conduct and (2) ensure 
that market participants do not profit from lawbreaking. In some 
instances, Congress has imposed certain limitations on the Commission's 
remedial authorities, such as a statute of limitations. If confirmed, I 
would be happy to work with your office to discuss the potential impact 
of any additional remedies or limitations that Congress may wish to 
include in future legislation.

    Question 2. The FTC has been successful in seeking six billions of 
dollars in fines for data privacy violations since 2018, while the EU 
has collected 329.8 million dollars in the same time period. This 
underscores the importance and effectiveness of the FTC in pursuing 
misbehavior in the data privacy area. However, there are still data 
breaches and hacks that have led to the exposure of consumer data, and 
other behavior that must be addressed to ensure the data privacy and 
security of Americans.
    What do you believe are the critical aspects of a potential Federal 
data privacy standard? What role do you believe the FTC should play in 
enforcing a Federal data security and privacy standard?
    Answer. Given the prevalence of behavioral ad-based business 
models, one basic question for any Federal privacy law is whether it 
changes a firm's underlying incentive or ability to engage in chronic 
user surveillance. Another important question is whether the law is 
administrable, or whether it instead presumes capacities that enforcers 
lack.
    To the extent that Congress grants the FTC additional statutory 
authorities in this area, the FTC generally should (1) scrutinize the 
underlying business incentives that may be encouraging abusive data 
practices, and (2) use the full scope of the remedial toolkit to deter 
lawbreaking. If confirmed, I would look forward to considering how 
various legal proposals could safeguard user privacy and security.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Dan Sullivan to 
                              Lina M. Khan
    Question 1. Under what circumstances should the FTC utilize its 
administrative litigation power? And do you believe that the FTC should 
try more cases before its administrative law judges?
    Answer. The FTC Act lays out a set of authorizations and 
limitations that inform whether the FTC pursues action through Federal 
court or administrative process. For example, when scammers violate 
certain rules, the FTC Act authorizes the Commission to seek 
restitution, damages, and other relief in Federal court. This seems 
particularly appropriate given the Federal judiciary's ability to award 
relief and to make victims whole. The Commission cannot seek this full 
range of remedies administratively. In some instances, the Commission 
may have a choice as to the forum in which it should pursue a matter. 
If confirmed, I would work with my fellow Commissioners and agency 
staff to make this assessment on a case-by-case basis.

    Question 2. Alaska is very unique and often requires unique 
considerations to disseminate information. How will you ensure that 
rural constituents like mine are kept informed, including on issues 
like COVID-related scams?
    Answer. The FTC should partner with Alaskan authorities at the 
state and local level to ensure that all of Alaska's communities, 
including native populations in rural areas, receive the information 
that they need about consumer protection issues, particularly on COVID-
related scams. When the FTC uncovers violations of the law, the agency 
should require as part of any enforcement action that lawbreakers 
proactively notify victims and the public about the infractions. If 
confirmed, I would seek to work with you and your staff to identify 
other opportunities to equip Alaskans with the information they need.

    Question 3. Due to an evolving patchwork of consumer privacy laws 
being developed in many states around the country, the Committee and 
Congress have been considering Federal privacy legislation. Do you 
believe that preemption of the ever-increasing patchwork of state 
privacy laws is necessary for effective Federal legislation in this 
space?
    Answer. A national privacy law seems critical. In general, I 
believe there are important costs to consider when assessing whether to 
override laws that state legislatures have passed to protect their 
constituents. That said, the tradeoffs associated with Federal 
preemption of state laws can vary by policy area and, if confirmed, I 
would seek to better understand any relevant tradeoffs in the privacy 
context.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Mike Lee to 
                              Lina M. Khan
    Question 1. Ms. Khan, in 2018, when you were a Legal Fellow with 
Commissioner Rohit Chopra, you worked with him to author a paper on the 
FTC's Section 5 authority to combat ``unfair methods of competition.''

   If confirmed, would you advocate for the Commission to 
        conduct a rule to combat ``unfair methods of competition''?

   What specific rules would you like to see promulgated using 
        this authority?

   Can you describe any limits or outer boundaries to this 
        potential rulemaking power? Is there anything ``out of bounds'' 
        for the Commission to take up as a rule?

   How should the FTC use its rulemaking authority to address 
        the issues you and others have identified with large tech 
        platforms?

    Answer. Rulemaking is a tool that can enhance predictability, lower 
enforcement costs, and facilitate greater democratic participation. The 
paper I co-authored on this topic identified a potential set of 
criteria to help identify areas where rulemaking might be especially 
beneficial. The factors identified included: (1) instances where the 
FTC has a robust record of enforcement activity that has yielded agency 
learning and expertise; and (2) instances where private litigation is 
unlikely to discipline or deter anticompetitive conduct.
    Any ``unfair methods of competition'' rulemaking by the Commission 
would be bound by various legal requirements. For example, a final rule 
could be promulgated only if a majority of Commissioners voted in favor 
of it. The rulemaking would also be governed by the Administrative 
Procedure Act (APA), which requires the agency to publish a notice of 
proposed rulemaking (NPRM) and to solicit and review public comments 
before finalizing the rule. Under the APA, the rulemaking would be 
subject to judicial review under the ``arbitrary and capricious'' 
standard, where courts assess whether the agency action reflects 
reasoned decision-making in light of the evidentiary record. The 
Congressional Review Act would also apply.
    If confirmed, I would look forward to working with my fellow 
Commissioners and agency staff to identify any other legal requirements 
and to assess whether this tool could complement the Commission's 
longstanding reliance on adjudication, as well as how it might apply to 
digital platforms.

    Question 2. During the hearing, we had a brief exchange regarding 
your views on the use of the FTC's rulemaking power. As a follow up to 
our conversation, I wanted to ask the following questions:

   I asked whether the FTC should not promulgate rules in the 
        absence of rulemaking power expressly granted by Congress. In 
        response, you noted, ``I don't have philosophical view on 
        that.'' Having had time to reflect, can you explain your view 
        on this matter? Senators who must vote on your nomination and 
        the American public at large should know your views on the 
        rulemaking authority of a commission on which you are nominated 
        to serve.

   Can the FTC use its rulemaking authority to circumvent legal 
        precedents with which it disagrees?

   Should FTC rules insulate market incumbents from 
        competition?

   Can FTC rules have the unintended consequence of insulating 
        market incumbents from competition?

   In your view, is the FTC better positioned to protect 
        consumers when it acts as a regulatory agency or an enforcement 
        agency? Why?

    Answer. If confirmed, my work as an FTC commissioner would be 
governed by relevant legal limits and precedents. In National Petroleum 
Refiners Association v. FTC, the D.C. Circuit unanimously held that 
Section 6(g) of the FTC Act confers substantive rulemaking authority on 
the FTC.\1\ If the Commission were to encounter subsequent legal 
challenges to this authority, I would seek analysis from the FTC 
General Counsel's office.
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    \1\ 482 F.2d 672 (D.C. Cir. 1973). Section 6(g) of the FTC Act 
states the FTC can ``make rules and regulations for the purpose of 
carrying out'' various provisions of the FTC Act. 15 U.S.C. Sec. 46(g).
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    Any rules promulgated by the FTC would be bound by various legal 
requirements. If the FTC were to pursue ``unfair methods of 
competition'' rulemaking, a final rule could be promulgated only if a 
majority of Commissioners voted in favor of it. The rulemaking would 
also be governed by the Administrative Procedure Act (APA), which 
requires the agency to publish a notice of proposed rulemaking (NPRM) 
and to solicit and review public comments before finalizing the rule. 
Under the APA, the rulemaking would be subject to judicial review under 
the ``arbitrary and capricious'' standard, where courts assess whether 
the agency action reflects reasoned decision-making in light of the 
evidentiary record. The Congressional Review Act would also apply.
    If the FTC were to pursue rules to restrict ``unfair or deceptive 
acts or practices'' absent additional instructions from Congress, its 
efforts would be governed by the 1975 Magnuson-Moss Warranty--Federal 
Trade Commission Improvements Act (Magnuson-Moss). Under Magnuson-Moss, 
any consumer protection rulemaking must follow various procedural steps 
that go beyond those required for traditional APA notice-and-comment 
rulemaking, including the publication of an advanced notice of proposed 
rulemaking (ANPR), public hearings that permit interested parties to 
make oral presentations and to provide rebuttals and cross-examine, and 
providing additional notice to Congress.
    Congress granted the FTC authority to pursue its work through both 
adjudication and rulemaking. While the scholarly literature assessing 
the tradeoffs between rulemaking and adjudication is extensive, if 
confirmed I would work with my fellow Commissioners and agency staff to 
consider which approach would best ensure the FTC is faithfully 
discharging its statutory obligations.

    Question 3. Section 6(b) is used by the FTC to require a company to 
file ``annual or special . . . reports or answers in writing to 
specific questions'' about its business practices, conduct, management, 
etc. The FTC has used this authority to conduct wide-ranging studies 
that do not have a specific law enforcement purpose.

   When should Section 6(b) authority be used? Should there be 
        limits to its use?

   The production of documents can be expensive? How would you 
        balance the invocation of the authority with the expense to the 
        business?

    Answer. Legislative history suggests that lawmakers vested the FTC 
with significant information-gathering tools so that the agency could 
fully grasp and keep up to date with business practices and market 
realities. To that end, the Commission's Section 6(b) authority could 
be especially useful in the context of emerging technologies and novel 
business practices, or when the agency encounters significant 
information asymmetries and gaps in knowledge that impede its efficacy. 
I understand that agencies typically rely on a ``meet and confer'' 
process to identify ways to reduce costs for market participants 
subject to any requirements to produce documents. As with any potential 
Commission effort, the agency should weigh using or not using its 
Section 6(b) authority against the efficacy of deploying the agency's 
other tools.

    Question 4. Current FTC Commissioners recently appeared before the 
Senate Commerce Committee and made the joint request that Congress 
``act to clarify Section 13(b) of the FTC Act and preserve the FTC's 
ability to enjoin illegal conduct and restore to consumers money they 
have lost.''

   Do you agree with the above statement made by current 
        Commissioners?

   What is your stance on the FTC's authority to use 13(b) to 
        pursue restitution or disgorgement?

   The FTC appears to have more expedited authority under 
        Section 13(b) than Section 19. If Congress considered amending 
        Section 13(b) to ensure that you had the ability to seek 
        monetary penalties, shouldn't the 13(b) process, at a minimum, 
        also have increased procedural protections like those under 
        Section 19?

   There are different views on how to legislate on 13(b), even 
        within the Commission. As Congress considers amending 13(b), 
        how can we properly balance the Commission's consumer 
        protection tools with the due process protections that ought to 
        be awarded to all parties?

    Answer. Over the last few decades, the FTC has used Section 13(b) 
of the FTC Act to secure billions of dollars in relief for victims of 
unlawful conduct, including anticompetitive pharmaceutical practices, 
telemarketing fraud, privacy and data security violations, and scams 
that target seniors and veterans. In AMG Capital Management v. FTC, the 
Supreme Court held that Section 13(b) does not authorize the FTC to 
seek, or a court to award, equitable monetary relief such as 
restitution or disgorgement.\2\ Absent legislative action overriding 
this decision, the FTC is legally bound to follow the Supreme Court's 
ruling.
---------------------------------------------------------------------------
    \2\ 141 S.Ct. 1341 (2021).
---------------------------------------------------------------------------
    I believe legislative action is needed and, if confirmed, I would 
look forward to learning more about the various legislative proposals 
in Congress and the various perspectives at the Commission.

    Question 5. Congress is in the midst of a debate about Federal 
legislation related to data privacy.

   What is your stance on Federal data privacy legislation?

   Is preemption a necessary component of this legislation?

   Is a private right of action a necessary component of this 
        legislation?

   In your opinion, should the Commission be granted additional 
        APA rulemaking power to carry out data regulations? And what 
        rules should specifically be promulgated to address this 
        challenge?

    Answer. A national privacy law seems critical. In general, I 
believe there are important costs to consider when assessing whether to 
override laws that state legislatures have passed to protect their 
constituents. State attorneys general and private enforcers can also 
play a critical role in protecting victims of unlawful conduct, 
especially when Federal enforcers are falling short and given finite 
agency resources. That said, if confirmed I would seek to better 
understand any relevant tradeoffs associated with pursuing such an 
approach in the privacy context.

    Question 6. In detail, describe your involvement with the 
investigation, production, and drafting of the house antitrust report. 
Describe in detail to what extent you: interviewed witnesses; reviewed 
investigated party documents; formulated the report's conclusions; and 
drafted the actual report?
    Answer. I served as counsel to the House Judiciary Committee from 
March 2019 through October 2020. During that time, I worked on the 
Committee's bipartisan investigation into competition in digital 
markets. As a congressional inquiry, the investigation was initiated to 
identify any facets of digital markets that invite congressional 
action, including potential changes to appropriations, heightened 
oversight, and legislative reform. My work on the investigation 
included soliciting and reviewing information from certain market 
participants, briefing Committee members and senior Committee staff on 
the status of our work, drafting statements and memos for Committee 
members and senior Committee staff, providing assistance to Committee 
members ahead of congressional hearings, and assisting in the 
development of the report.

    Question 7. The House report on digital markets that you helped 
author does not list any Republican staffers. I understand that once 
the report had been drafted by Democratic staff, Republican staff were 
only given a brief window of time to review it before it was released 
to the public. I also hear that the report ignored much of the 
testimony given by Republican-selected witnesses at the hearings.

   Why wasn't there more bipartisanship in this process?

   Is this how you plan to work with your colleagues at the 
        FTC?

    Answer. I am grateful to have had the opportunity to work on the 
House Judiciary Committee's bipartisan investigation into digital 
markets. Majority and minority staff worked together closely to solicit 
information from market participants, gather testimony from relevant 
experts, and ensure that the Committee was receiving the information 
needed to conduct its inquiry. A review of the information collected 
resulted in two reports, one drafted by the majority staff and a 
``Third Way'' report released by Congressman Ken Buck and signed onto 
by several colleagues.\3\ The Third Way report agreed with the findings 
of the majority staff report and offered additional views on the 
recommendations, identifying some areas of agreement and some areas of 
disagreement, and noting the bipartisan nature of the review.\4\ If 
confirmed, I would look forward to working with fellow Commissioners to 
ensure the FTC is faithfully discharging its statutory obligations.
---------------------------------------------------------------------------
    \3\ Investigation of Competition in Digital Markets, Majority Staff 
Report & Recommendations, U.S. House Subcommittee on Antitrust, 
Commercial and Administrative Law, Committee on the Judiciary (Oct. 
2020); The Third Way, Rep. Ken Buck, U.S. House Subcommittee on 
Antitrust, Commercial, and Administrative Law, Committee on the 
Judiciary (Oct. 2020) [hereinafter ``Third Way Report''].
    \4\ Third Way Report 2 (``We wish to thank Chairman Cicilline for 
his collegiality, cooperation, and commitment to conducting a 
bipartisan and holistic review of Big Tech's anticompetitive market 
distortions. Since June 2019, the Chairman has delivered on his promise 
to conduct a bipartisan, top-to-bottom review of the anticompetitive 
behavior in the technology marketplace.''); id. at 3 (``The majority 
staff report offers a comprehensive review of the technology 
marketplace and accurately depicts the harmful effects of Big Tech's 
anticompetitive reign over the digital economy.''); id. at 7 (``[W]e 
offer our support for many of the legislative recommendations included 
in the majority staff report and offer our suggestions to find 
bipartisan agreement on many other suggestions.'').

    Question 8. Your predecessor for this seat, Joe Simons, played an 
integral role in the development of critical loss theory, which has 
been incorporated in the agencies' Horizontal Merger Guidelines. How 
will you apply critical loss theory in your review of mergers before 
the commission, especially mergers involving ``free'' products?
    Answer. When used appropriately, critical loss analysis can be a 
helpful tool in merger reviews. The FTC should consistently strive to 
ensure that its tools are analytically rigorous and reflect empirical 
realities, including through regularly reviewing and refining the 
theories on which it relies. If confirmed, I would look forward to 
working with my fellow Commissioners and agency staff to review the 
various theories included in the Horizontal Merger Guidelines.

    Question 9. One of your potential future colleagues, Acting 
Chairwoman Rebecca Slaughter, has argued that antitrust can be used as 
a tool for advancing racial justice. Do you believe that that is an 
appropriate use of the antitrust laws?
    Answer. Empirical research suggests that growing consolidation and 
the rise of market power has contributed to lower wages, higher prices, 
and declining rates of new business formation. Communities of color can 
be the hardest hit by some of these effects. Robust antitrust 
enforcement can reduce the unlawful exercise of market power and create 
more opportunities for workers, consumers, and small business owners 
across the board.

    Question 10. In Amazon's Antitrust Paradox, you talk about Amazon's 
``dominance,'' and you are explicit that your use of dominance is 
broader than the legal definition (fn 191: ``I am using ``dominance'' 
to connote that the company controls a significant share of market 
activity in a sector. I do not mean to attach the legal significance 
that sometimes attends ``dominance.'' '').
    When you are deciding to issue a complaint or judging a matter in 
administrative litigation, will you use the legal definition of 
monopoly power and not your definition of ``dominance''?
    Answer. Yes, if confirmed I would seek to ensure that the 
Commission's legal analysis is informed by the relevant legal 
definitions.

    Question 11. In Amazon's Antitrust Paradox, you write, ``But in 
several key ways, Amazon has achieved its position through deeply 
cutting prices and investing heavily in growing its operations--both at 
the expense of profits.''

   Is it your position that companies should not lower prices 
        and invest in their business?

   How should companies successfully compete?

   Are you concerned that skepticism towards lower prices and 
        investment will actually harm competition, and instead result 
        in sleepy industries controlled by cartels?

    Answer. Our antitrust laws identify general principles that seek to 
distinguish permissible from impermissible forms of competition. I 
believe any assessment of business practices is best informed by a deep 
commitment to learning from empirical evidence and understanding market 
realities. Various factors can inform whether a business practice is 
viewed as beneficial or harmful. For example, while steps taken by 
firms to lower prices can often be benign or beneficial, antitrust law 
holds that practices like price-fixing are generally illegal even if 
consumers pay a lower price. If confirmed, I would look forward to 
helping ensure that the FTC's work is founded on a strong understanding 
of market realities.

    Question 12. What facts that might arise during an investigation 
would cause you to change your mind about the conclusions you draw 
regarding the alleged dominance and anticompetitive behavior of ``big 
tech'' companies, such as Facebook, Amazon, or Google?
    Answer. Enforcers should make legal assessments based on a faithful 
review of the evidentiary record and careful analysis of the relevant 
legal standards. If confirmed, I would be committed to approaching 
these issues with analytical rigor and fidelity to empirical evidence.
                                 ______
                                 
  Response to Written Question Submitted by Hon. Marsha Blackburn to 
                              Lina M. Khan
    Question. If you had been at the FTC during the Obama years, what 
would you have done differently in the merger review process?
    Answer. As a general matter, I would have sought to ensure the 
Commission was doing a full review and grasping the business realities 
in a particular market prior to determining the legality of a 
transaction. For example, while major players in digital markets bought 
up hundreds of firms during that period, the DOJ and FTC closely 
examined only a handful of those deals. More broadly, the agency's 
analysis may have benefited from giving greater weight to network 
externalities, the self-reinforcing advantages of data, and other 
factors that can lead markets to tip and thwart new entrants. If 
confirmed, I would look forward to identifying ways the Commission 
could learn from missed opportunities and apply any relevant lessons 
going forward.
                                 ______
                                 
   Response to Written Question Submitted by Hon. Raphael Warnock to 
                           Leslie B. Kiernan
    Broadband Expansion. Expanding access to broadband, especially in 
rural and low-income communities, is a major issue for Georgia 
businesses and households. The COVID-19 pandemic has highlighted the 
critical importance of broadband service with students now engaging in 
virtual and distance learning, parents working remotely, and seniors 
and rural Georgians relying on telemedicine for medical services. 
Without access to broadband, students are falling behind in classrooms, 
and Georgia residents are disconnected from jobs and economic 
opportunities. In 2020, the Georgia Department of Community Affairs 
found that more than 500,000 residential and business locations did not 
have access to broadband, 70 percent of which are in rural areas.

    Question. Ms. Kiernan, what steps would you take as General Counsel 
of the Department of Commerce to ensure the Department supports the 
deployment of broadband to these unserved areas through the National 
Telecommunication and Information Administration or otherwise?
    Answer. If confirmed, I look forward to working with NTIA to help 
ensure that Federal funds are targeted to eligible areas across the 
country, including Georgia. It is my understanding that NTIA is 
currently working to leverage its National Broadband Availability Map 
(NBAM), which counts Georgia as a partner, to identify underserved and 
unserved areas. The NBAM is a geographic information system (GIS) 
platform for data collection, visualization, and analysis of federal, 
state, and commercially available data sets to assist Federal and state 
broadband policymakers to identify discrepancies in broadband 
availability (e.g., served vs. underserved or unserved areas) that can 
be used to better inform policy and funding decisions. It includes 
three data layers provided by the Georgia Broadband Deployment 
Initiative (GBDI), managed by the Georgia Department of Community 
Affairs, which you referenced in your question.
    I also understand that Georgia is an active participant in the 
State Broadband Leaders Network (SBLN), a cohort of state leaders 
facilitated by NTIA, which currently includes 5 participants from the 
state of Georgia: three participants from the Georgia Department of 
Community Affairs, one from the Georgia Technology Authority, and one 
from the Georgia Department of Transportation.
    If confirmed as General Counsel, it will be a priority to ensure 
these programs are implemented effectively and efficiently.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                           Leslie B. Kiernan
    Question 1. Recreational Fishing Management
    I introduced and passed the bipartisan Modern Fish Act to improve 
the management of recreational fisheries by incorporating the best 
available science. In the Gulf of Mexico, states like Mississippi have 
invested significant time and money to develop a more accurate 
understanding of how much fish recreational fishermen harvest. Despite 
this effort, NOAA has proposed ignoring the higher quality state data, 
and treating the less accurate Federal data from the Marine 
Recreational Information Program as though it is of equal quality. If 
this occurred, it would have unfairly decreased Mississippi's share of 
the Red Snapper fishery by 60 percent in 2021. In addition, the recent 
``Great Red Snapper Count'' suggests that the actual abundance of red 
snapper in the Gulf is three times higher than what NOAA had estimated.
    Recently, the Gulf of Mexico Fisheries Management Council 
recognized the high quality of Mississippi's state red snapper survey 
and voted to delay the calibration of state survey data to the 
incomplete and low-quality Federal survey data so that they can 
continue further study. Will you commit to working with us to support 
the Council's actions with regard to red snapper?
    Answer. I recognize that saltwater recreational fishing is an 
integral part of American coastal life, communities, and economies. I 
also understand the importance of stock assessment data and the need 
for it to be grounded in the best available science. If confirmed, I 
would commit to learning more about NOAA's Marine Recreational 
Information Program and to working with you and NOAA on this issue as 
the program pertains to Gulf of Mexico fisheries.

    Question 2. NTIA Broadband Programs
    Ms. Kiernan, the bipartisan Consolidated Appropriations Act of 
2021, enacted in December, appropriated over $1.5 billion to NTIA for 
broadband-related initiatives. If confirmed, how will you work with 
NTIA to ensure that this broadband funding is targeted to the intended 
recipients and not wasted through overbuilding or duplicating existing 
public or private broadband investments, as we have seen in previous 
broadband programs administered by NTIA?
    Answer. Coordination among Federal agencies is critical to 
addressing your concerns. It is my understanding that the recently 
passed ACCESS BROADBAND Act established new obligations on the National 
Telecommunications and Information Administration (NTIA), the U.S. 
Department of Agriculture (USDA) and the Federal Communications 
Commission (FCC) to track coordination of broadband infrastructure 
built with Federal funds to ensure that those funds are distributed in 
a targeted and efficient manner.
    I further understand that the Consolidated Appropriations Act, 2021 
included the Broadband Interagency Coordination Act of 2020 which 
requires NTIA, FCC and USDA to enter into an agreement requiring 
coordination for the distribution of funds for broadband deployment 
under the FCC High-Cost Programs, USDA Rural Utilities Service (RUS) 
Programs and broadband programs administered or coordinated through 
NTIA.
    If confirmed as General Counsel, I will work closely with NTIA to 
ensure coordination with other Federal agencies, that programs are 
implemented and administered consistent with Congress's direction in 
the most efficient way possible, and that these programs avoid 
duplication as well as waste, fraud or abuse.

    Question 3. Spectrum Management
    Ms. Kiernan, in recent months there have been high-profile disputes 
between NTIA and the FCC about Federal and non-federal spectrum 
allocations and assignments. What do you believe is the role of the 
general counsel in advising NTIA to resolve those types of disputes 
with the FCC?

   Follow Up: If confirmed, will you commit to working to 
        ensure NTIA speaks for the Federal government on matters 
        involving Federal spectrum?

    Answer. It is important to have a government-wide Federal spectrum 
plan, and, if confirmed as General Counsel, I will support efforts to 
ensure that NTIA leads the Federal government on spectrum issues that 
are critical to both the economic security and the national security of 
the country. NTIA is the President's principal advisor on 
telecommunications and information policy matters, including those 
involving electromagnetic spectrum. Secretary Raimondo has made it 
clear that NTIA will lead a whole-of-government effort and drive the 
decision-making process for properly managing Federal spectrum.

    Question 4. Space Act
    Today, the services offered by over 2,000 active satellites 
underpin much of our modern economy--such as communications, weather 
prediction, and GPS. But those satellites, as well as astronauts aboard 
the International Space Station, are threatened by hundreds of 
thousands of pieces of ``junk'' or space debris.
    In June of 2018, the National Space Council announced Space Policy 
Directive 3, which designated the Department of Commerce as the lead 
civil agency for space situational awareness and notification of 
satellite operators of potential conjunctions or collisions.
    Last year, Senator Cantwell and I introduced the SPACE Act to 
codify much of this directive. The Office of Space Commerce should be 
appropriately staffed and resourced to provide timely and accurate 
tracking and collision warning notifications to the growing number of 
commercial and international space operators.
    Do you agree that the Office of Space Commerce can play an 
important role in fostering American economic leadership and 
opportunities in space? Can you assure the committee that it will be 
appropriately prioritized and resourced?
    Answer. I believe that the Office of Space Commerce (OSC) and NOAA 
play key roles in working with the commercial space industry to foster 
American leadership in space. If confirmed, I look forward to learning 
more about OSC and to working with Congress to ensure that it is 
properly prioritized and resourced to continue serving this important 
function.

    Senator Cantwell and I plan to reintroduce the SPACE Act soon. Will 
you review that legislation and work with us to protect the space 
environment?
    Answer. I understand the importance in providing space situational 
awareness and traffic management to ensure safe and productive 
development in the space economy. If confirmed, I look forward to 
reviewing that legislation and working with you on this important 
topic.

    Question 5. SolarWinds
    As highlighted by the recently disclosed SolarWinds nation-state 
cyberattack, improving our Nation's cybersecurity requires working 
closely with industry to develop and adopt best cybersecurity 
practices. We can start to address some of our cybersecurity challenges 
with swift implementation of the HACKED Act, focused on enhancing the 
National Institute of Standards and Technology's role in advancing the 
cybersecurity workforce and the CYBER LEAP Act, which directs the 
Department to carry out competitions to tackle cybersecurity 
challenges. I sponsored both pieces of legislation and am proud they 
were included in the Fiscal Year 2021 National Defense Authorization 
Act. Going forward, it is important to take into account the good work 
that the Department of Commerce has undertaken on these issues as the 
Executive Branch develops its cybersecurity strategy for all Federal 
agencies.
    How would you advance the Department of Commerce's role in 
strengthening our Nation's cybersecurity?
    Answer. Protecting our data, networks and digital infrastructure is 
vital to our national and economic security. If confirmed, I will make 
it a priority to work with NIST and other experts in the Department and 
throughout the government on these issues. I will work with NIST to 
continue to engage nationally and internationally in cybersecurity 
standards organizations to ensure our requirements, guidance and 
technical recommendations are used in the commercial IT products we all 
rely upon. I am committed to ensuring that the Department is building 
the tools needed for today's cybersecurity and is continuing research 
and development to secure our new technology landscapes.

    Question 6. Semiconductor Shortage
    The global semiconductor shortage highlights the fragility of our 
Nation's supply chains. Many manufacturers, including automotive and 
trucking manufacturers in Mississippi and across the country, are 
facing setbacks due to the chip shortage. There may be near-term steps 
the Administration can take to address this shortage, but in the recent 
defense authorization bill, Congress also directed the Department of 
Commerce to incentivize longer-term investment in semiconductor 
fabrication, assembly, and research and development in the United 
States.

   What can the Department of Commerce do in the near and long-
        term to address the semiconductor shortage?

    Answer. It is my understanding that addressing the semiconductor 
shortage is one of the Department's top priorities. Commerce has been 
closely engaged with National Economic Council (NEC) and National 
Security Council (NSC) staff on this issue and has facilitated calls 
with industry members to discuss the challenges and impact of the 
shortage of automotive-related semiconductor chips on U.S. automotive 
manufacturing and employment. Commerce has also coordinated with the 
State Department on outreach to foreign governments and foreign 
semiconductor companies to encourage increased production and ensure a 
fair and equitable distribution of those chips that are available. Many 
semiconductor producers have already been working to increase 
production.
    For a long-term solution to the current fragility in the 
semiconductor supply chain, President Biden has requested $50 billion 
to fund the efforts outlined in the Fiscal Year 2021 National Defense 
Authorization Act (NDAA) to incentive the construction of semiconductor 
fabrication facilities in the U.S., and to invest in the research and 
development (R&D) and infrastructure necessary to ensure that the next 
generation of microelectronics can be developed and transitioned to 
U.S.-led manufacturers.
    The Department of Commerce will be central to implementing these 
plans. Staff at the Bureau of Industry Security (BIS) and the 
International Trade Administration (ITA) are conducting a 100-day 
review of the semiconductor supply chain. If confirmed as General 
Counsel, I will work to ensure that the Department complies with 
Congress's mandate to incentivize longer-term investment in 
semiconductor fabrication, assembly, and research and development in 
the United States.

                                  [all]