[Senate Hearing 119-219]
[From the U.S. Government Publishing Office]
S. Hrg. 119-219
NOMINATION OF MICHAEL KRATSIOS,
NOMINEE TO BE DIRECTOR, OFFICE OF SCIENCE
AND TECHNOLOGY POLICY; AND MARK MEADOR,
NOMINEE TO BE A COMMISSIONER,
FEDERAL TRADE COMMISSION
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED NINETEENTH CONGRESS
FIRST SESSION
__________
FEBRUARY 25, 2025
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
62-169 PDF WASHINGTON : 2025
-----------------------------------------------------------------------------------
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED NINETEENTH CONGRESS
FIRST SESSION
TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington,
ROGER WICKER, Mississippi Ranking
DEB FISCHER, Nebraska AMY KLOBUCHAR, Minnesota
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD MARKEY, Massachusetts
MARSHA BLACKBURN, Tennessee GARY PETERS, Michigan
TODD YOUNG, Indiana TAMMY BALDWIN, Wisconsin
TED BUDD, North Carolina TAMMY DUCKWORTH, Illinois
ERIC SCHMITT, Missouri JACKY ROSEN, Nevada
JOHN CURTIS, Utah BEN RAY LUJAN, New Mexico
BERNIE MORENO, Ohio JOHN HICKENLOOPER, Colorado
TIM SHEEHY, Montana JOHN FETTERMAN, Pennsylvania
SHELLEY MOORE CAPITO, West Virginia ANDY KIM, New Jersey
CYNTHIA LUMMIS, Wyoming LISA BLUNT ROCHESTER, Delaware
Brad Grantz, Republican Staff Director
Nicole Christus, Republican Deputy Staff Director
Liam McKenna, General Counsel
Lila Harper Helms, Staff Director
Melissa Porter, Deputy Staff Director
Jonathan Hale, General Counsel
C O N T E N T S
----------
Page
Hearing held on February 25, 2025................................ 1
Statement of Senator Cruz........................................ 1
Letter to Hon. John Thune and Hon. Ted Cruz from the
undersigned right-of-center groups and individuals: Chris
Koopman, Executive Director, Abundance Institute; Brian
Chau, Executive Director, Alliance for the Future; Nick
Solheim, Chief Executive Offi cer, American Moment; Jon
Schweppe, Policy Director, American Principles Project;
Grover Norquist, President, Americans for Tax Reform; Aiden
Buzzetti, President, Bull Moose Project; Bill Drexel,
Fellow, Center for New American Security; Nathan Leamer,
Executive Director, Digital First Project; James Erwin,
Director, Digital Liberty; Neil Chilson, Fmr. Chief
Technologist, Federal Trade Commission; Zach Graves,
Executive Director, Foundation for American Innovation;
Michael Toscano, Executive Director, Institute for Family
Studies; Nate Fischer, CEO, New Founding; Tom Hebert,
Director, Open Competition Center; and Dan Savickas, Vice
President of Policy and Government Affairs, Taxpayers
Protection Alliance........................................ 87
Letter to Hon. John Thune, Hon. Chuck Schumer, Hon. Ted Cruz
and Hon. Maria Cantwell from the undersigned founders,
investors, executives, and technologists: Zak Kukoff,
Chair, Tech Practice, Lewis-Burke Associates; Joshua
Steinman, Former Deputy Assistant to the President for
National Security Affairs; Michael Gibson, Co-Founder, 1517
Fund; Zak Slayback, Partner, 1517 Fund; Anitha Vadavatha,
Founder, AB Plus Ventures; Shivdev Rao, CEO, Abridge AI
INC; Bala Chandrasekaran, Partner, Alt Capital; Jack
Altman, Managing Partner, Alt Capital; Patrick Blumenthal,
Founder, Anomaly Fund; Jordan Bramble, CEO, Antares; Jack
Clark, Co-Founder and Head of Policy, Anthropic; Nathaniel
Blake Scholl, Founder/ CEO, Boom Supersonic; Brandon Yan,
Treasury Manager, Elastic; Blake Pierson, Co-Founder & CEO,
Fathom; Dylan Field, CEO, Figma; Nick Allen, President,
Frontier Foundation; Teresa Carlson, President, General
Catalyst Institute; Stuart Buck, Executive Director, Good
Science Project; Christopher Power, CEO and Founder,
Hadrian; Joseph Malchow, General Partner, Hanover; Peter
Chandler, Executive Director, Internet Works; Austin
Bishop, CEO, New American Industrial Alliance; Richard
Fuisz, CEO, Nonfiction Labs; Jacob DeWitte, CEO, Oklo;
Camilo Acosta, Managing Director, Perceptive Ventures;
Garry Tan, Y Combinator, President and CEO; Christopher
Grieco, General Counsel and Chief Compliance Officer, Rain;
Charles Lindsay, Artist, SETI Institute; Ron Conway,
Founder and Managing Partner, SV Angel; Austin Bishop,
General Partner, Tamarack Global; Kempton White, Founder &
CEO, The Emissions Capture Company Group Limited; Brandon
Palumbo, Director of Policy & Government Relations, Travel
Technology Association; Andrew Antar, Founder, Tune.FM; Ash
Shrivastav, Managing Partner, Uma Ventures; Laurent
Crenshaw, President, Visionary Strategic Advisors; Jennifer
Pahlka, Author, Recoding America; Fmr. US Deputy CTO;
Delian Asparouhov, Co-Founder and President, Varda Space
Industries; Partner, Founders Fund......................... 89
Letter dated January 23, 2025 to Hon. Ted Cruz and Hon. Maria
Cantwell from Paul Stimers, Executive Director, Quantum
Industry Coalition......................................... 91
Letter dated January 24, 2025 to Hon. Ted Cruz and Hon. Maria
Cantwell from Farnam Jahanian, President, Henry L. Hillman
President's Chair, Carnegie Mellon University.............. 92
Letter dated January 27, 2025 to Hon. Ted Cruz from Savas C.
Tsivicos, National President, Order of AHEPA............... 93
Letter dated January 27, 2025 to Hon. John Thune, Hon. Ted
Cruz and Hon. Maria Cantwell from Celia Merzbacher,
Executive Director, Quantum Economic Development
Consortium, SRI International.............................. 94
Letter dated January 27, 2025 to Hon. Ted Cruz and Hon. Maria
Cantwell from the undersigned associations and groups:
Morgan Reed, President, ACT | The App Association; Meredith
Attwell Baker, President and CEO, CTIA; Susan Miller,
President and CEO, ATIS | Alliance for Telecommunications
Industry Solutions; Zach Graves, Executive Director,
Foundation for American Innovation; Brian Darmody, Chief
Strategy Officer, AURP | Association of University Research
Parks; Christian Dawson, Executive Director, Internet
Infrastructure Coalition; Victoria Espinel, CEO, Business
Software Alliance; The Honorable Chip Pickering, CEO,
INCOMPAS; The Honorable Deborah L. Wince-Smith, President
and CEO, Council on Competitiveness; Jason Oxman, President
and CEO, Information Technology Industry Council; Coach
Kathy Kemper, Founder and CEO, Institute for Education;
Matt Schruers, President and CEO, Computer & Communications
Industry Association; Paul Sanberg, President, National
Academy of Inventors; Gary Shapiro, CEO and Vice Chair,
Consumer Technology Association; Bobby Franklin, CEO,
National Venture Capital Association; Julius Krein, Chair
of Board of Directors, New American Industrial Alliance;
John Neuffer, President and CEO, Semiconductor Industry
Association; Linda Moore, President and CEO, TechNet;
Elizabeth A. Hyman, CEO, XR Association.................... 96
Letter dated January 28, 2025 to Hon. Ted Cruz and Hon. Maria
Cantwell from Deborah L. Wince-Smith, President & CEO,
Council on Competitiveness................................. 99
Letter dated January 29, 2025 to Hon. Ted Cruz and Hon. Maria
Cantwell from Morgan Reed, President, ACT | The App
Association................................................ 100
Letter dated February 7, 2025 to Hon. Ted Cruz and Hon. Maria
Cantwell from Barbara R. Snyder, President, Association of
American Universities...................................... 101
Letter dated February 7, 2025 to Hon. Ted Cruz from Aiden
Buzzetti, President, The Bull Moose Project; Terry
Schilling, President, American Principles Project; Julius
Krein, Editor, The Journal of American Affairs; Josh
Hammer, Senior Counsel, Article III Project; Oren Cass,
Founder & Chief Economist, American Compass; Nathan Leamer,
Executive Director, Digital First Project; Clare Morell,
Fellow, Ethics and Public Policy Center; Ryan Williams,
President, Claremont Institute; Rachel Bovard, Vice
President of Programs, Conservative Partnership Institute;
Ryan Walker, Executive Vice President, Heritage Action for
America; and Nick Solheim, CEO, American Moment............ 107
Letter dated February 18, 2025 to Hon. Ted Cruz and Hon.
Maria Cantwell from Lisa Ellman, Executive Director,
Commercial Drone Alliance.................................. 106
Letter dated February 19, 2025 to Hon. Ted Cruz and Hon.
Maria Cantwell from James Grimsley, Regional Innovation
Officer, Texoma Semiconductor Tech Hub..................... 107
Letter dated February 21, 2025 to Hon. Ted Cruz and Hon.
Maria Cantwell from Gregory S. Walden, Counsel, Small UAV
Coalition.................................................. 109
Letter dated February 24, 2025 to Hon. Ted Cruz and Hon.
Maria Cantwell from Christopher A. Mohr, President,
Software & Information Industry Association (SIIA)......... 111
Letter dated February 24, 2025 to Hon. Ted Cruz and Hon.
Maria Cantwell from Mark Becker, President, Association of
Public and Land-grant Universities......................... 113
Letter dated February 24, 2025 to Hon. Ted Cruz and Hon.
Maria Cantwell from Jonathan Spalter, President anc Chief
Executive Officer, USTelecom--The Broadband Association.... 114
Statement of Senator Cantwell.................................... 3
Statement of Senator Blunt Rochester............................. 33
Statement of Senator Fischer..................................... 35
Statement of Senator Baldwin..................................... 36
Statement of Senator Curtis...................................... 38
Statement of Senator Lujan....................................... 40
Statement of Senator Hickenlooper................................ 42
Statement of Senator Young....................................... 44
Statement of Senator Blackburn................................... 48
Statement of Senator Markey...................................... 50
Analysis published October 2, 2024 entitled, ``Differences in
misinformation sharing canlead to politically asymmetric
sanctions'' by Mohsen Mosleh1, Qi Yang, Tauhid Zaman,
Gordon Pennycook & David G. Rand........................... 52
Statement of Senator Schmitt..................................... 71
Statement of Senator Klobuchar................................... 73
Statement of Senator Moreno...................................... 75
Statement of Senator Kim......................................... 77
Statement of Senator Peters...................................... 79
Statement of Senator Rosen....................................... 82
Statement of Senator Duckworth................................... 84
Witnesses
Hon. Bill Hagerty, U.S. Senator from Tennessee................... 5
Hon. Mike Lee, U.S. Senator from Utah............................ 6
Michael Kratsios, Nominee to be Director, Office of Science and
Technology Policy.............................................. 7
Prepared statement........................................... 8
Biographical information..................................... 9
Mark Meador, Nominee to be a Commissioner, Federal Trade
Commission..................................................... 19
Prepared statement........................................... 21
Biographical information..................................... 22
Appendix
Response to written questions submitted to Michael Kratsios by:
Hon. John Thune.............................................. 117
Hon. Jerry Moran............................................. 117
Hon. Dan Sullivan............................................ 121
Hon. Tim Sheehy.............................................. 122
Hon. Maria Cantwell.......................................... 123
Hon. Amy Klobuchar........................................... 125
Hon. Brian Schatz............................................ 125
Hon. Edward Markey........................................... 127
Hon. Gary Peters............................................. 130
Hon. Ben Ray Lujan........................................... 130
Hon. John Hickenlooper....................................... 131
Hon. Lisa Blunt Rochester.................................... 132
Response to written questions submitted to Mark Meador by:
Hon. John Thune.............................................. 133
Hon. Jerry Moran............................................. 134
Hon. Dan Sullivan............................................ 138
Hon. John Curtis............................................. 138
Hon. Maria Cantwell.......................................... 139
Hon. Amy Klobuchar........................................... 141
Hon. Brian Schatz............................................ 141
Hon. Edward Markey........................................... 142
Hon. John Hickenlooper....................................... 145
Hon. Lisa Blunt Rochester.................................... 146
NOMINATION OF MICHAEL KRATSIOS,
NOMINEE TO BE DIRECTOR, OFFICE OF
SCIENCE AND TECHNOLOGY POLICY;
AND MARK MEADOR, NOMINEE TO BE A
COMMISSIONER, FEDERAL TRADE COMMISSION
----------
TUESDAY, FEBRUARY 25, 2025
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:01 a.m., in
room SR-253, Russell Senate Office Building, Hon. Ted Cruz,
Chairman of the Committee, presiding.
Present: Senators Cruz [presiding], Fischer, Blackburn,
Young, Schmitt, Curtis, Moreno, Hagerty, Lee, Klobuchar,
Markey, Peters, Baldwin, Duckworth, Rosen, Lujan, Hickenlooper,
Kim, and Blunt Rochester.
OPENING STATEMENT OF HON. TED CRUZ,
U.S. SENATOR FROM TEXAS
The Chairman. Good morning. The Senate Committee on
Commerce, Science, and Transportation will come to order.
I want to congratulate each of the nominees here today,
Michael Kratsios who has been nominated to lead the White
House's Office of Science and Technology Policy, and Mark
Meador who has been nominated to the Federal Trade Commission.
Congress has charged both the OSTP and the FTC with duties
that affect the lives of millions of Americans. OSTP advises
the President on Federal science and technology policy. Michael
Kratsios has a distinguished track record of ensuring America
leads globally in emerging technologies.
His previous tenure as U.S. Chief Technology Officer at
OSTP during the first Trump Administration was marked by
efforts to advance artificial intelligence, quantum computing,
and 5G technology. The story of the 21st century will be
written by whichever nation can innovate the fastest.
This generation space race is unfolding with technologies
invisible to the naked eye where the winners and the losers
will be separated by mere nanometers. What was once science
fiction is now crucial to maintaining the United States's
position as the world's leading economy.
Technologies like this new chip I hold in the palm of my
hand, the Majorana 1 quantum chip, are unlocking a new era of
computing that will transform industries from health care to
energy, solving problems that today's computers simply cannot.
And I will note, by the way, Microsoft tells me this chip
is worth $1 billion, so I very much hope I do not drop it
because my current employer is judgment proof and $36 trillion
in debt.
[Laughter.]
The Chairman. This breakthrough is led by an American
company and harnesses a new kind of matter to solve problems
faster than ever before. I would like to thank Senator
Blackburn, who is advancing a reauthorization of quantum
computing research programs, for her leadership on this.
Advancements in quantum computing, AI, and cybersecurity
will drive innovation, protect the nation, and create new
industries. Now, let me say a few words about the FTC, which
protects American consumers from unfair and deceptive business
practices and anti-competitive behavior.
Mark Meador is well prepared to serve as a Commissioner and
he should be confirmed. I look forward to hearing that he would
pursue the FTC's mission with impartiality and with respect for
the rule of law.
As a former Director of the Office of Policy Planning at
the FTC, I have a deep respect for the dedicated professionals
within the agency. I saw firsthand how principled leadership
and a shared commitment to statutory limits can benefit free
enterprise and economic opportunity. But I worry that today's
FTC is a far cry from the agency I once knew.
For 4 years under Lina Khan, the FTC prioritized activism
over enforcement, disregarded statutory limits, and weaponized
its authority in defiance of Congressional intent. Consider a
few troubling examples.
The FTC has abused its enforcement powers to target
political opponents of the Biden Administration. It has
attempted to impose competition rulemakings across entire
industries, exceeding its legal mandate.
It has destroyed documents, obstructing both Congressional
oversight and potential litigation. It has collaborated with
European regulators to apply foreign laws that put American
tech companies at a competitive disadvantage. It has sought to
regulate artificial intelligence in a way that could chill free
speech.
And it has attempted to impose sweeping data privacy and
security mandates without Congressional approval. Each of these
actions represents a departure from the FTC's historical role
as a nonpartisan enforcer of consumer protection and
competition law.
Former Commissioner Christine Wilson's resignation
underscored this crisis, and she cited former Chairwoman Khan's
disregard for legal precedent and due process as key factors in
her decision to step down.
I think that Chairman Andrew Ferguson will restore the
FTC's integrity and its focus. I hope that Mr. Meador can
assist in that effort given his deep understanding of
competition law, regulatory process, and consumer protection.
The FTC must enforce laws as Congress designed, not engage in
ideological experiments.
I look forward to hearing from both of today's nominees,
learning about their perspectives, and understanding how they
plan to advance the goals of their respective institutions. I
will now turn to Ranking Member Cantwell for her opening
remarks.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman. And thank you
for being a champion of Washington innovation. I love it. I
usually--that is usually my job, and so love that we have the
dual role here of cheerleading----
The Chairman. You want to hold the billion-dollar chip?
Senator Cantwell. Thank you. Thank you so much. Thank you
so much.
The Chairman. If she drops it, it is not my fault.
[Laughter.]
Senator Cantwell. I think we will hold it together
because--because Mr. Chairman, collaboration, I believe, is the
next phase of innovation. And we can talk about that with Mr.
Kratsios--when we get to his segmentation.
But I really do believe that the state of Washington is
leading in innovation in many, many ways, and so we are very
proud of that. We would like to start, and obviously we are
going to hear from our colleagues, but I will try to be short
with my opening remarks.
Mr. Meador for the Federal Trade Commission, as you just
mentioned. The Federal Trade Commission has a very big
responsibility on antitrust enforcement, including the five
years that you spent at the FTC.
And I think you know that it is not just another regulatory
agency. It is a front-line defender of very complex consumer
marketplace issues. I read in your testimony that you really do
believe it's about competition in the marketplace. I do too. I
do too.
I don't think we can talk enough around here about
competition. And competition gets you great innovation, just
like we just saw, and it also gets you the opportunity to help
us grow our economy and lift more people into the middle class.
But obviously, markets sometimes have anti-competitive
practices and unfair or deceptive practices. And the FTC, I
believe, is a critically important organization. Things like
the COPPA Rule that protects children's privacy. I saw my
colleague here, but I think he stepped out.
And its actions to block anticompetitive mergers resulting
in high consumer prices like the Kroger, Albertsons merger
which is a very big issue in the Pacific Northwest for farmers
and consumers. And the litigation against PBMs, my colleague
Chuck Grassley and I just reintroduced legislation on this. So,
with consumers facing increased prices for everything like
food, prescription drugs, gasoline, I do believe it is the
FTC's authority to examine business practices and make sure
that there is not an artificial inflation of prices and holding
businesses accountable when they do harm consumers or
competitors. So, the statistics are alarming.
The FTC data shows that in 2023, consumers reported losing
$10.4 billion to fraud with a median loss of $500. This is
money consumers don't have to spend on groceries or rent. And
so, I just can't even believe--one day at the airport overheard
a constituent talking about how her aunt had become exploited
by an AI trick where she thought Kevin Costner was going to
come to visit her, and she had shelled out tens of thousands of
dollars too.
Again, and when I brought this up to Facebook, Meta, they
basically said, oh yes, that is the biggest thing going on now.
I mean, with AI, you are just going to where that you know
people have money.
So why basically say your software is broke on your
computer and you need to send me $100 to fix it when you can
basically promise somebody that Kevin Costner is going to come
to SeaTac and visit you, and you will pay them tens of
thousands of dollars.
So, we definitely need an FTC to be the policeman on the
beat and continue to make sure that these pressures facing
consumers are addressed. So, look forward to your conversation.
Turning to the second nominee, Mr. Kratsios--thank you for
wanting to serve again in a capacity I think that you know very
well.
The CHIPS and Science Act passed by strong bipartisan
support from this committee, recognizes America's scientific
enterprise, the foundation of the future. But obviously, there
are many things that we need to do to continue to test-bed next
generation technologies.
I am a very big believer in that the private sector is the
main engine of our innovation and capital markets, and that the
United States, even being outsized by some countries, still is
not really an issue if, in fact, we educate, and skill the
talent, and can innovate faster than they can.
So, this notion of testbeds and hubs and laboratory
research I will be asking you about in the Q&A part of the--of
our questions. These opportunities for us to play our part on
the broader R&D issues is something I believe that the Office
of Science and Technology is so critical to do.
As President Trump's nominee, you will be the Chief
Scientist advising during this period of remarkable technology
change, and I think that that is why the United States must
keep a very fast innovation pace ahead of our competitors.
Since you are no stranger, I know you will know more about
how to work those levers, but I do need to hear from you today
that you will be forceful on the investments that we would like
to see in innovation.
I know that the Trump Administration has said that they
plan to slash the budget of the National Science Foundation by
two-thirds, while implementing sweeping layoffs. I think these
are questions that we will need to know the answer to. In my
state, University of Washington, obviously a big R&D
institution, feels like it is continuing to help us uncover
those important issues that benefit all sectors and increase
America's competitive advantages.
So, I hope that, as my colleague brought up quantum, that
we will be able to continue the National Quantum Initiative
started under you and your Administration. I was just looking
up the quote that you gave when $625 million was awarded to
various innovative hubs related to quantum out of the DOE
budget.
So glad to see that you were very enthusiastic about the
Federal Government playing a role on broad quantum R&D
policies. But no doubt, we are in a global race. I know America
is up to it. Look forward to asking you how we continue to make
these investments together--together and collaborate on
actually getting the science implemented. Thank you, Mr.
Chairman.
The Chairman. Thank you, Senator Cantwell. Now, I would
like to recognize my friend and colleague from the great state
of Tennessee, Senator Hagerty, to introduce Mr. Kratsios.
Senator Hagerty, welcome to the Commerce Committee.
STATEMENT OF HON. BILL HAGERTY,
U.S. SENATOR FROM TENNESSEE
Senator Hagerty. Thank you, Mr. Chairman, Ranking Member
Cantwell. I want to thank you both for hosting this important
confirmation hearing today. It is my great privilege today to
introduce my friend, Michael Kratsios, who is President Trump's
nominee to be the Director of the Office of Science and
Technology Policy.
The OSTP Director advises the President on key industries
of the future, including artificial intelligence, quantum
computing, 5G, advanced manufacturing, biotechnology, and more.
Indeed, Michael and I worked closely together on 5G and our
telecommunications infrastructure when I served in my previous
role as U.S. Ambassador to Japan.
Now, more than ever, emerging technologies present us with
immense opportunities to maintain America's global dominance.
At such a critical time, we can't afford to make policy errors
in Washington. That is exactly why we need a leader of
Michael's caliber serving in this vital role.
While AI has rapidly ascended to become one of America's
most important policy priorities, Michael had the foresight to
see this technology's potential nearly a decade ago, and he has
been working tirelessly on the issue ever since.
His impressive record of public service in the field of
science and technology policy include his past service as Chief
Technology Officer of the United States, as well as the
Undersecretary of Defense for Research and Engineering.
In these roles and others, Michael has coordinated public-
private partnerships and served as the architect of national
strategies on AI and quantum technologies. After leaving public
service, he served as Managing Director of Scale AI, helping it
become one of the most valuable and well-respected privately
held AI companies in the world.
Michael's research outside of the Government provided the
first quantifiable evidence of how banned Chinese technologies
were still being procured by State and local Governments across
the country. He also brought to light the significant risks
posed by PRC manufactured ship to shore cranes in American
ports.
America must remain the world leader in scientific and
technological innovation. Our national security, our liberty,
and our prosperity depend on it. Michael understands this
mission, and that is why I wholeheartedly support his
nomination. I want to thank my colleagues here today for giving
Michael your deepest consideration.
The Chairman. Thank you, Senator Haggerty. And now I would
like to recognize my dearest friend in the Senate, the great
Senator from the great state of Utah, Senator Mike Lee, to
introduce his former staffer, Mr. Meador. Senator Lee, welcome
back to the Commerce Committee.
STATEMENT OF HON. MIKE LEE,
U.S. SENATOR FROM UTAH
Senator Lee. Thank you so much, Mr. Chairman, Chairman
Cruz, and Ranking Member Cantwell, and other members of the
Committee. It really is a great honor and pleasure to be back
in front of the Commerce Committee today to introduce my
friend, a former valued member of my team, Mark Meador, who has
been nominated by President Trump to serve on the Federal Trade
Commission.
I offer my wholehearted support for Mark for whom I have
great regard. It is also great to have him here with his
family, his wife Adrienne, and their six children, as well as
Mark's parents. And I will note parenthetically here that his
oldest daughter, Constance, already has my pledged support when
she runs for President in 2048. She is smart as a whip.
Senator Cantwell. Where is she? Let's see the future
President. Right there. OK.
[Laughter.]
Senator Lee. She is terrific. If confirmed, Mark will, I
believe, honorably serve the American people as a member of the
Federal Trade Commission. I say this for a number of reasons.
First, he is an exceptionally talented lawyer. He is a
trusted advocate and a true leader in the field of antitrust
law. His career has been defined by his ability to navigate
some of the most complex questions in antitrust law and
consumer protection matters.
From his time on my staff here in the Senate to the time
that he spent at the Federal Trade Commission as a lawyer
there, and also as a lawyer in DOJ's Antitrust Division, Mark
has served at the forefront of key consumer protection and
antitrust issues. His vast wealth of experience, with
enforcement and policy in both public service and in private
practice as well, has positioned him to be uniquely qualified
for this new role.
Shortly after Mark first joined my staff in 2015, I became
immediately impressed by his temperament, his judgment, and his
expertise. He always approached issues based on the facts, and
based on the law, and with really sound judgment. Now, Mark
actually had two stents working in my office, and during these
many years I relied on his sound understanding of antitrust
law.
But also I found Mark to be somebody on whom I could rely
for advice on pretty much anything and he consistently gave
good advice. It is one of the reasons why, if confirmed as a
member of the Federal Trade Commission, he is going to be a
consensus builder. He will be someone around whom ideas can
coalesce and opinions can form.
His leadership was felt in the more than 20 subcommittee
hearings for which he helped me prepare, involving some of the
most significant antitrust topics, from mergers to anti-
competitive conduct. His leadership and insight were
invaluable. Mark has a proven track record and extensive
experience in the practice of antitrust law, both inside and
outside of Government.
Not only does he have experience working for the FTC and
DOJ, and also in the U.S. Senate, but he has got remarkable
success in private practice. His success in private practice
can be attributed to his rare ability to advise his clients not
only on antitrust compliance and litigation, but also on policy
dimensions of offensive and defensive antitrust strategies.
And I would add here that it has been a tremendous benefit
to him and his clients the fact that he served as a lawyer,
both at DOJ and at FTC working on antitrust matters. His steady
demeanor and temperament, coupled with the ability to blend
legal experience with strategic policy insight, make him
exceptionally qualified to serve as the next FTC Commissioner.
Mark will ensure that the antitrust and consumer protection
laws are enforced in a fair and principled manner. I have every
confidence in Mark, and I am proud to be here in support of his
nomination. I urge every member of this committee to vote in
favor of Mark's nomination. I look forward to voting for him on
the Senate floor. Thank you.
The Chairman. Thank you, Senator Lee. And you too are
welcome to stick around, but you can also head on to other
business if your schedule so demands. With that, I recognize
Mr. Kratsios for your opening statement.
STATEMENT OF MICHAEL KRATSIOS, NOMINEE TO BE DIRECTOR, OFFICE
OF SCIENCE AND TECHNOLOGY POLICY
Mr. Kratsios. Thank you, Senator Hagerty, for your generous
introduction. And thank you, Chairman Cruz, Ranking Member
Cantwell, and other members of this esteemed committee for
inviting me to appear before you today.
Let me also give my thanks to my family, some of whom are
in attendance, to my parents, John and Maria, my sister, Katie,
my brother-in-law, Mark, and my beautiful wife, Alyssa. Thank
you. I could not have come this far without your love and
encouragement. It is the honor of my lifetime to sit before
this committee as President Donald J. Trump's nominee for
Director of the Office of Science and Technology Policy.
In his second inaugural address, the President promised
that his Administration will work to usher in the golden age of
America. I believe in that promise and will dedicate myself to
fulfilling it. In the last Trump Administration, as a fourth
Chief Technology Officer of the United States and an Associate
Director of OSTP, I led national initiatives on artificial
intelligence and quantum information science.
I promulgated budget priorities that led to the Federal
Government doubling research and development spending in those
areas. I drafted non-regulatory guidance for emerging
technologies to give the public trust in how these technologies
are developed and used. I saw firsthand how the actions that we
took at OSTP could enable new industries to take hold and to
deliver benefits to the American people.
For a century, the United States has stood at the forefront
of science and technology. We split the atom for war and for
peace. We put man on the moon and brought him back again. And
with the transistor and integrated circuit, we steered the
globe into the digital age. Thanks to these breakthroughs,
Americans have enjoyed unprecedented economic prosperity.
We must preserve that inheritance to share with future
generations and to ensure that the tools and the technologies
that give shape to our world always help people live
productive, meaningful lives. In recent years, other countries
have sought to supplant the United States and claim science and
technology leadership for themselves.
In particular, China has emerged as both our preeminent
geopolitical rival and our most formidable technological and
scientific competitor. Central to this competition is a new
frontier of scientific discovery that lies before us. The shape
of future global order will be defined by whomever leads across
AI, quantum, nuclear, and other critical and emerging
technologies. Chinese progress in nuclear fusion, quantum
technologies, and autonomous systems all press home the urgency
of the work ahead.
As President Trump has said, as our global competitors race
to exploit these technologies, it is a national security
imperative for the United States to achieve and maintain
unquestioned and unchallenged global technological dominance.
The Office of Science and Technology Policy will be
critical to this effort in advising the President and
coordinating the national initiatives needed to rise to the
challenge and deliver to the American people. I am committed to
American leadership in emerging technologies, and to ensuring
that all Americans benefit from scientific and technological
breakthroughs.
As Director, I will build a deep bench of policy experts to
ensure that the President and the White House have the
necessary technical advice to meet the challenges of our
moment. If we are to lead the world in science and technology
for the next century, to continue to provide for the American
citizenry, to enhance our national security, to imprint the
future with American character and improve the welfare of all
mankind, the only way to do so will be to double down on what
has made our history of innovation so great, the uniquely
American free market approach to scientific discovery, which
harnesses the combined strength of Government, industry, and
academia.
With your support, this Administration will usher in a
golden age of American innovation. Thank you, and I look
forward to your questions.
[The prepared statement and biographical information of Mr.
Kratsios follow:]
Prepared Statement of Michael J.K. Kratsios, Nominee for Director,
Office of Science and Technology Policy
Thank you, Sen. Hagerty, for your generous introduction, and thank
you, Chairman Cruz, Ranking Member Cantwell, and the other members of
this esteemed committee for inviting me to appear before you today.
Let me also give my thanks to my family, some of whom are in
attendance. To my parents, John and Maria, my sister Kaity, my brother-
in-law Mark, and my beautiful wife, Alissa--thank you. I could not have
come this far without your love and encouragement.
It is the honor of my lifetime to sit before this committee as
President Donald J. Trump's nominee for Director of the Office of
Science and Technology Policy. In his second inaugural address, the
President promised that his administration will work to usher in the
Golden Age of America. I believe in that promise, and will dedicate
myself to fulfilling it.
In the last Trump Administration, as the fourth Chief Technology
Officer of the United States, and an Associate Director of OSTP, I led
national initiatives on artificial intelligence and quantum information
science. I promulgated budget priorities that led to the Federal
Government doubling research and development spending in those areas. I
drafted non-regulatory guidance for emerging technologies to give the
public trust in how these technologies are developed and used. I saw
firsthand how the actions that we took at OSTP could enable new
industries to take hold, and to deliver benefits to the American
people.
For a century, the United States has stood at the forefront of
science and technology. We split the atom, for war and for peace. We
put a man on the moon and brought him back again. And with the
transistor and the integrated circuit, we steered the globe into the
digital age.
Thanks to these breakthroughs, Americans have enjoyed unprecedented
economic prosperity. We must preserve that inheritance to share with
future generations, and to ensure that the tools and technologies that
give shape to our world always help people to live productive,
meaningful lives.
In recent years, other countries have sought to supplant the United
States and claim science and technology leadership for themselves. In
particular, China has emerged as both our preeminent geopolitical rival
and our most formidable technological and scientific competitor.
Central to this competition is the new frontier of scientific
discovery that lies before us. The shape of future global order will be
defined by whomever leads across AI, quantum, nuclear, and other
critical and emerging technologies. Chinese progress in nuclear fusion,
quantum technologies, and autonomous systems all press home the urgency
of the work ahead.
As President Trump has said, ``as our global competitors race to
exploit these technologies, it is a national security imperative for
the United States to achieve and maintain unquestioned and unchallenged
global technological dominance.''
The Office of Science and Technology Policy will be critical to
this effort, in advising the President and coordinating the national
initiatives needed to rise to the challenge and deliver for the
American people. I am committed to American leadership in emerging
technologies, and to ensuring that all Americans benefit from
scientific and technological advances. As Director, I will build a deep
bench of policy experts to ensure that the President and the White
House have the necessary technical advice to meet the challenges of our
moment.
If we are to lead the world in science and technology for the next
century, to continue to provide for the American citizenry, to enhance
our national security, to imprint the future with American character
and improve the welfare of all mankind, the only way to do so will be
to double down on what has made our history of innovation great: the
uniquely American free-market approach to scientific discovery, which
harnesses the combined strengths of government, industry, and academia.
With your support, this administration will usher in a Golden Age
of American Innovation. Thank you. I look forward to your questions.
______
a. biographical information
1. Name (Include any fo1mer names or nicknames used): Michael John
Kotsakas Kratsios.
2. Position to which nominated: Director of the Office of Science
and Technology Policy.
3. Date of Nomination: January 22, 2025.
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: 11/7/1986; Salisbury, Maryland.
6. Provide the name, position, and place of employment for your
spouse (if married) or domestic partner, and the names and ages of your
children (including stepchildren and children by a previous marriage).
Alissa Stephanie Davies, Public Policy Manager, Coinbase.
7. List all college and graduate schools attended, whether or not
you were granted a degree by the institution. Provide the name of the
institution, the dates attended, the degree received, and the date of
the degree.
AB in Politics, Princeton University, 2004-2008
8. List all post-undergraduate employment, including the job title,
name of employer, and inclusive dates of employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Analyst, Barclays Investment Bank, 2009-2010
Analyst, Lyford Group International, 2010
Associate, Clarium Capital Management, 2010-2011
Chief Compliance Officer, Clarium Capital Management, 2011-2014
Chief Compliance Officer, Thiel Capital, 2012-2014
Chief Compliance Officer, Thiel Macro, 2012-2014
Chief Financial Officer, Clarium Capital Management, 2014-2015
Principal and Chief of Staff, Thiel Capital, 2014-2017
Deputy Assistant to the President & Deputy U.S. Chief
Technology Officer, The White House Office of Science and
Technology Policy, 2017-2019
Chief Technology Officer of the United States and Associate
Director, The White House Office of Science and Technology
Policy, 2019-2021
Under Secretary of Defense for Research and Engineering
(Acting), United States Department of Defense, 2020-2021
Managing Director, Scale AI, 2021-2025
9. Attach a copy of your resume.
See attachment 1.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above after 18 years of age. 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.
Trustee, Foundation for Student Communication Inc. (Business
Today), 2007-2017, 2021-2025
Chief Compliance Officer, Clarium Capital Management, 2011-2014
Chief Compliance Officer, Thiel Capital, 2012-2014
Chief Compliance Officer, Thiel Macro, 2012-2014
Board of Directors, International Model United Nations
Association, 2013-2016
Chief Financial Officer, Clarium Capital Management, 2014-2015
Consultant, HySpecIQ, 2021
Managing Director, Scale AI, 2021-2025
Manager, Board of Managers, Improbable U.S. Defense & National
Security, 2022
Member, Strategic Research Advisory Board, University of
Oklahoma, 2023-2024
Member of the Board, Foundation for American Innovation, 2023-
2025
Senior Advisor, Dunes Point Capital, 2024-2025
Distinguished Visiting Fellow, Stanford Institute for Human-
Centered Artificial Intelligence, 2024-2025
12. List all memberships you have had after 18 years of age or
currently hold with any civic, social, charitable, educational,
political, professional, fraternal, benevolent or religiously
affiliated organization, private club, or other membership organization
(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, American Hellenic Educational Progressive Association,
2018 to present
Member, Archons of the Ecumenical Patriarchate, 2021 to present
Member, 5 Hertford Street, 2024 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.
Yes. I was appointed Deputy Assistant to the President and Deputy
U.S. Chief Technology Officer by President Donald J. Trump in 2017. I
was nominated by President Donald J. Trump and confirmed by the U.S.
Senate as Chief Technology Officer of the United States and Associate
Director of the Office of Science and Technology Policy in 2019. I was
named Acting Under Secretary of Defense for Research and Engineering by
President Donald J. Trump in 2020. I was appointed Assistant to the
President for Science and Technology and nominated to serve as the
Director of the Office of Science and Technology Policy by President
Donald J. Trump in 2025.
No, I have no outstanding campaign debt.
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. None.
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $200 or more for the past ten years.
Blake Masters for Senate, 2021, $5,800
Citizens for Will Scharf, 2022, $2,650
Blake Masters for Congress, 2023, $6,600
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
National Merit Scholarship Recipient
American Hellenic Educational Progressive Association
Educational Foundation
Scholarship Recipient
Hellenic Studies Senior Thesis Prize (Princeton University)
Department of Defense Medal for Distinguished Public Service
Greek Orthodox Archdiocese of America Archbishop Iakovos
Leadership 100 Award for Excellence
Distinguished Visiting Fellow, Stanford Institute for Human-
Centered Artificial Intelligence Greek Orthodox Archdiocese of
America Medal of Saint Paul
17. List all books, articles, columns, letters to the editor,
Internet blog postings, or other publications you have authored,
individually or with others. Include a link to each publication when
possible. If a link is not available, provide a digital copy of the
publication when available.
China Poses Security Threat at American Ports, Newsweek.
September 11, 2023
https://www.newsweek.com/china-poses-security-threat-american-
ports-opinion-1825423
End The STA: Stop Helping China Steal, American Conservative.
August 22, 2023
https://www.theamericanconservative.com/end-the-sta-stop-
helping-china-steal
U.S. State and Local Governments Still Buy Banned Chinese Tech,
Foreign Affairs. November 1, 2022
https://foreignpolicy.com/2022/11/01/china-technology-huawei-
zta-banned-us/
The Trump Administration Is Investing $1 Billion in Research
Institutes to Advance Industries of the Future, WhiteHouse.gov.
August 26, 2020. https://trumpwhitehouse.archives.gov/articles/
trump-administration-investing-1-billion-research-institutes-
advance-industries-future/
Artificial Intelligence Can Serve Democracy, Wall Street
Journal. May 27, 2020
https://www.wsj.com/articles/artificial-intelligence-can-serve-
democracy-11590618319
Connecting Americans to Coronavirus Information Online,
WhiteHouse.gov. April 15, 2020
https://trumpwhitehouse.archives.gov/articles/connecting-
americans-corona
virus-information-online/
AI That Reflects American Values, Bloomberg. January 7, 2020
https://www.bloomberg.com/view/articles/2020-01-07/ai-that-
reflects-american-values
How America Achieved `Quantum Supremacy', Fortune. October 23,
2019
https://fortune.com/2019/10/23/google-sycamore-quantum-
computer-supremacy/
We used to fly from New York to Paris in 3 hours. Let's do that
again., The Washington Post. June 25, 2019
https://www.washingtonpost.com/opinions/the-us-should-lead-the-
way-back-to-supersonic-flight/2019/06/24/f1b884e2-96b7-11e9-
916d-9c61607d8190_story
.html
High Speed Broadband Is Fostering a New Era of Innovation for
Rural America, Agri-Pulse. February 14, 2019
https://www.agri-pulse.com/articles/11905-opinion-high-speed-
broadband-is-fostering-a-new-era-of-innovation-for-rural-
america
Why the U.S. Needs a Strategy for AI, WIRED. Feb. 2, 2019
https://www.wired.com/story/a-national-strategy-for-ai
The future of American aviation is all about drones, CNN. June
6, 2018
https://www.cnn.com/2018/06/06/opinions/trump-administration-
drone-technology-kratsios/index.html
America Will Win the Global Race to 5G, WhiteHouse.gov. October
25, 2018
https://trumpwhitehouse.archives.gov/articles/america-will-win-
global-race-5g/
Donald Trump Embraces the Drone Age, The Wall Street Journal.
October 25, 2017
https://www.wsj.com/articles/donald-trump-embraces-the-drone-
age-1508947220
Economics and Voting in the Third Hellenic Republic: An
Aggregate and Individual-Level Analysis of the Greek
Electorate, 1985-2007. April 8, 2008. Princeton University
Senior Thesis.
https://issuu.com/mkratsios/docs/economics_and_voting
18. List all speeches, panel discussions, and presentations (e.g.,
PowerPoint) that you have given on topics relevant to the position for
which you have been nominated. Include a link to each publication when
possible. If a link is not available, provide a digital copy of the
speech or presentation when available.
Speeches
May 1, 2017 27th National Science Bowl (Department of
Energy)
June 5, 2017 United States of America Mathematical
Olympiad Awards Dinner
September 27, 2017 G7 Industry and Information and
Communication Technologies Ministerial
Meeting
November 2, 2017 Drone Integration Pilot Program Launch
(Department of Transportation)
November 13, 2017 Virtuous Circle Summit (Internet
Association)*
December 13, 2017 Department of Health and Human Services
Innovation Day
January 9, 2018 Administration's Approach to Innovation and
Tech Policy (CES)*
February 20, 2018 New Work Summit (New York Times)*
March 14, 2018 ARPA-E Energy Innovation Summit
March 29, 2018 Center for Democracy & Technology Annual
Dinner
April 10, 2018 U.S. Chamber of Commerce Tecglobal 2018
April 19, 2018 Unleashing American Innovation Launch Event
(Department of Commerce)
May 9, 2018 U.S. Air Force--National Science Foundation
Collaboration Announcement Event
May 10, 2018 White House AI for American Industry Summit
June 5, 2018 EmTech Next (MIT Tech Review)*
July 10, 2018 AI Summit: Investing in Innovation and
Tomorrow's Workforce (Business Software
Alliance)*
August 21, 2018 FedTalks
August 28, 2018 University of Mississippi Technology Summit
September 9, 2018 Tech Olympus Summit*
September 21, 2018 Reboot 2018 (Lincoln Network)*
September 24, 2018 White House Quantum Information Sciences
Summit
September 28, 2018 White House 5G Summit
October 2, 2018 Commercial UAV Expo*
November 8, 2018 Technology 202 Live: View from the White
House Technology Team (Washington Post
Techonomy)*
November 11, 2018 Global Entrepreneurship Summit Launch Event
November 15, 2018 Business Roundtable CEO Innovation Summit*
December 6, 2018 NSF Expeditions in Computing Event
January 19, 2019 State of the Net
January 29, 2019 Congressional Hispanic Leadership Institute
Tech Talk
February 27, 2019 The White House: Accelerating America's
Leadership in Artificial Intelligence
(Center for New American Security)
February 28, 2019 Preparing for the G20 (US Chamber of
Commerce)*
March 1, 2019 DARPA AI Colloquium
March 7, 2019 Safeguarding the Crown Jewels of U.S.
Innovation (SXSW)*
March 12, 2019 Consumer Technology Association Innovation
Policy Day (SXSW)
March 19, 2019 The AI Agenda (The Economist)*
March 27, 2019 Blueprint York
April 9, 2019 Domestic Drone Safety and Security Series*
April 18, 2019 2nd Annual Choctaw Nation Emerging Aviation
Conference
April 30, 2019 2019 Digital Patriots Dinner
May 21, 2019 OECD Ministerial Council Meeting
September 10, 2019 Center for Data Innovation Forum on AI
September 17, 2019 Samsung Solve for Tomorrow STEM Contest's
10th Year Launch
November 4, 2019 Stanford Institute for Human-Centered
Artificial Intelligence's (HAI) 2019 Fall
Conference on Ethics, Policy and
Governance*
November 7, 2019 Web Summit
January 8, 2020 US Approach to AI, CES*
January 9, 2020 Conversation with WIRED, CES*
February 10, 2020 Hudson Institute: America's Global Tech
Leadership: A Conversation with U.S. CTO
Michael Kratsios*
August 12, 2020 U.S. Tech Leadership in an Era of
Competition*
August 18, 2020 DARPA Electronics Resurgence Initiative
2.0*
October 16, 2020 SACC-USA Executive Forum 2020*
March 2, 2021 Innovative Greeks*
May 18, 2021 Tools of the Trade: Enabling Public Purpose
in Science and Technology Policy*
September 16, 2021 Key Technology Focus Areas: Where's Our
Advantage and How Do We Capture It?*
October 1, 2020 POLITICO AI Summit Interview*
November 10, 2021 Accelerate AI adoption & Importance of AI
Models Update on Emerging Tech Horizons*
March 23, 2023 Harnessing the power of AI*
September 27, 2023 POLITICO AI and Tech Summit*
October 24, 2023 FII7 Priority Summit*
November 9, 2023 Understanding AI: AlixTalks with Simon
Freakley, Michael Kratsios and Amna Nawaz
March 6, 2024 DeepFest*
April 11, 2024 Advancing America's Leadership in AI*
April 25, 2024 RAISE Summit
June 14, 2024 The Ultimate Disrupter: AI's Impact on
Geopolitics & Global Governance*
September 6, 2024 Role of Business: Policy Implications of
Industry Leadership in AI*
September 17, 2024 POLITICO AI & Tech Summit*
October 18, 2024 Oxford Generative AI Summit 2024*
* Armchair conversation (Q&A)
19. List all public statements you have made during the past ten
years, including statements in news articles and radio and podcasts and
television appearances, which are on topics relevant to the position
for which you have been nominated, including dates. Include a link to
each statement when possible. If a link is not available, provide a
digital copy of the statement when available.
In addition to those covered in question 18:
July 17, 2017 Construction begins on international mega-
science experiment to understand
neutrinos (Fermilab)
October 25, 2017 Trump administration to allow quick and
dramatic expansion of drone use
(Washington Post)
April 19, 2018 The Trump administration is bullish on
tech transfer (Fedscoop)
May 18, 2018 White House announces creation of Select
Committee on Artificial Intelligence
(Fedscoop)
December 16, 2018 Trump signs National Quantum Initiative
into law (Fedscoop)
February 10, 2020 Trump Wants to Double Spending on AI,
Quantum Computing (WSJ)
February 26, 2020 White House's top techie explains how AI
initiative will help Seattle tech
community (Geekwire)
March 23, 2020 White House Announces New Partnership to
Unleash U.S. Supercomputing Resources to
Fight COVID-19 (The White House)
July 21, 2020 NSF establishes 3 new institutes to
address critical challenges in quantum
information science (NSF)
August 10, 2020 DOD Developing Small, Unmanned Aerial
System for Warfighters (Department of
Defense)
September 30, 2020 U.S. Chief Technology Officer Michael
Kratsios Eyes Greece as Technology Hub
(Greek Reporter)
August 14, 2020 White House Aims To Boost Funding For AI
And Quantum Tech By 30 percent In 2021
(Fortune)
August 26, 2020 White House Announces $1 Billion Plan to
Create AI, Quantum Institutes (WSJ)
October 5, 2020 What, exactly, is a U.S. CTO? (Fedscoop)
October 8, 2020 DOD Announces $600 Million for 5G
Experimentation and Testing at Five
Installations (Department of Defense)
October 30, 2020 U.S. Transportation Secretary Elaine L.
Chao Announces Successful Completion of
Drone Pilot Program, Announces New
Program Called BEYOND (Department of
Transportation)
December 2, 2020 Australia and U.S. unveil joint hypersonic
program (ADM)
December 3, 2020 White House pushes civilian agencies to
use trustworthy AI in new executive order
(Fedscoop)
January 5, 2021 DOD's Inaugural Foray Into 5G
Experimentation on Track (Department of
Defense)
January 12, 2021 National AI Initiative Office launched by
White House (Fedscoop)
May 27, 2021 Scale AI Hires Former U.S. CTO Michael
Kratsios as Head of Strategy (WSJ)
October 26, 2022 Hundreds of state, local government
entities vulnerable to Chinese espionage:
report (Fox News)
October 19, 2023 U.S. must act `very carefully' to ensure
China doesn't steal our AI strategy:
Michael Kratsios (Fox Business)
November 6, 2023 Newscast Radio (BBC)
August 6, 2024 You Might be Right (podcast)
20. 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 full name of an ``alias'' or ``handle'',
including the complete URL and username with hyperlinks, 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.
Facebook: Michael Kratsios [dormant]
Instagram: mkratsios [active] https://www.instagram.com/
mkratsios/
LinkedIn: Michael Kratsios [active]
https://www.linkedin.com/in/michaelkratsios
Snapchat: scgreek [deleted]
Tumblr: mkratsios [deleted]
Twitter: michaelkratsios [active] https://twitter.com/
michaelkratsios
Twitter: USCTO45 [dormant/archived]: http://twitter.com/USCTO45
21. 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, committee, and subject
matter of each testimony.
July 17, 2019. Confirmation Hearing for Associate Director of
the Office of Science and Technology Policy. Senate Committee
on Commerce, Science, and Transportation. https://
www.commerce.senate.gov/2019/7/committee-announces-nominations-
hearing
January 15, 2020. Hearing on Industries of the Future. Senate
Committee on Commerce, Science, and Transportation. https://
www.commerce.senate.gov/services/files/B7184908-E657-441C-967A-
871D8A80B0F0
October 18, 2023. Hearing on Balancing Knowledge and
Governance: Foundations for Effective Risk Management of
Artificial Intelligence. Joint Oversight & Investigations and
Research & Technology Subcommittee of the House Committee on
Science, Space, and Technology. https://republicans-
science.house.gov/_cache/files/7/1/711d0748-8914-45e2-ab30-
2b1ae3e4753f/BF3123DB9859C190F2A8F72344BAC68B.mr.-kratsios--
testimony.pdf
22. Given the current mission, major programs, and major
operational objectives of the department/agency/commission/corporation
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?
In the previous Trump Administration, I had the honor of serving as
the fourth Chief Technology Officer of the United States and the
Associate Director of OSTP for Technology, where I was confirmed by
unanimous consent by the U.S. Senate. In this capacity, I led national
technology policy initiatives on critical emerging technologies,
including the bipartisan National AI Initiative and National Quantum
Initiative Acts. I played a key role in establishing the National AI
Initiative Office and the National Quantum Coordination Office at OSTP,
drafting the Administration's research and development (R&D) budget
priorities, and securing a historic doubling of Federal AI and quantum
research funding. Additionally, I spearheaded the creation of a
billion-dollar program to establish a network of AI and quantum
research institutes nationwide, and developed pioneering regulatory
principles for AI governance. On the global stage, I led U.S.
technology efforts at the G7, G20, and OECD, where I helped shape the
world's first intergovernmental AI policy guidelines.
Having spent four years leading OSTP's technology efforts, I deeply
understand the office's role within the Executive Office of the
President and how to effectively support the President's science and
technology agenda. I also served as the acting Under Secretary of
Defense for Research and Engineering, where I oversaw the Department of
Defense's $60 billion R&D budget--the largest R&D budget for a single
organization globally. I managed the DoD's laboratory enterprise,
supervising all research, engineering, development, and prototyping at
the Pentagon. I understand the importance of science and technology to
our national security and how to work across the interagency to
successfully coordinate national S&T policy.
For the past four years, I have worked as the Managing Director of
Scale AI, one of the largest privately held AI companies in the world.
Given the central role that artificial intelligence will play in the
coming decade, and with much of the innovation driven by the private
sector, I believe my background uniquely qualifies me to bridge the gap
between government and industry in this critical technology area.
Additionally, I have served as a Distinguished Visiting Fellow at the
Stanford Institute for Human-Centered AI, where I've further deepened
my understanding of the intersection between AI, policy, and the
Nation. Maintaining American leadership in AI and other emerging
technologies will require the U.S. to leverage the totality of its S&T
enterprise, fostering collaboration among industry, academia, and
government.
I am driven by the belief that embracing technological innovation
and developing new technologies rooted in American values is key to
securing a stronger future for our country. I wish to serve in this
role to continue advancing these goals and help ensure that the U.S.
remains at the forefront of science and technology for the benefit of
all Americans.
23. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency/commission/corporation has proper
management and accounting controls, and what experience do you have in
managing a large organization?
As Director of OSTP, I would be responsible for ensuring that the
office's resources are managed effectively and in alignment with its
mission and strategic priorities. This includes overseeing that all
management processes, financial controls, and reporting procedures meet
established laws and regulations. It is critical that we maintain
transparency and accountability in all aspects of OSTP's operations,
ensuring that taxpayer resources are used efficiently to advance our
national science and technology agenda. During my previous tenure at
OSTP, I led the technology policy team, managing the development and
dissemination of numerous reports, executive orders, presidential
memoranda, and initiatives across a wide range of fields--from
artificial intelligence and quantum computing to STEM education and
rural broadband. In doing so, I worked closely with cross-functional
teams to ensure that our work was executed on time and within budget,
meeting the highest standards of quality and compliance.
In addition to my work at OSTP, I have substantial experience
managing large, fast-growing organizations. As Managing Director of
Scale AI, I was part of a team that helped grow the company to nearly
$14 billion valuation, while significantly increasing the workforce to
support this rapid expansion in under four years. My role required
overseeing complex operational and strategic decisions, managing large
budgets, and ensuring that the company's operations were aligned with
our long-term goals. This experience has given me a strong
understanding of how to scale an organization while maintaining
efficiency, financial integrity, and accountability.
Earlier in my career, I served as Principal and Chief of Staff at
Thiel Capital, where I worked across various affiliated entities,
including venture capital funds, hedge funds, and a philanthropic
organization. In this capacity, I provided strategic support and
ensured that projects were executed efficiently and effectively.
Additionally, as Chief Financial Officer and Chief Compliance Officer
of Clarium Capital Management, a global macro hedge fund, I oversaw all
operations, financial reporting, and compliance functions.
24. What do you believe to be the top three challenges facing the
department/agency/commission/corporation, and why?
The first challenge facing OSTP today is ensuring American
leadership in the development and deployment of critical and emerging
technologies--such as artificial intelligence and quantum information
science--to strengthen our economic and national security. In an era of
geopolitical competition increasingly centered on technology rather
than just military power, it's essential that the United States
maintain technological superiority and that these technologies are
developed in alignment with American values. Achieving this will
require proactive policies to maximize the effectiveness of the Federal
government's role in America's research and development (R&D)
ecosystem, in partnership with academia and industry. OSTP plays a
crucial role in identifying key Federal R&D investment priorities and
improving the coordination of these investments across the government.
We must think creatively about how the Federal government can help
catalyze the American S&T enterprise, pairing R&D with necessary
investments in infrastructure, workforce development, and technology
governance to ensure these innovations serve national interests.
The second challenge is ensuring that all Americans benefit from
the scientific and technological advances we make in developing these
emerging technologies. This requires sound Federal policies to
facilitate technology transfer from federally funded research to the
commercial sector, and to ensure that such research is disseminated
widely across both academic and industry spheres. As OSTP's authorizing
statute outlines, it is the government's responsibility to ``facilitate
the close coupling of institutional scientific research with the
commercial application of the useful findings of science.'' By
promoting stronger collaboration between the government and the private
sector, we can turn the discoveries from Federal labs into technologies
that benefit all Americans--and the world. In certain areas, a
deregulatory agenda will be necessary to eliminate barriers that stifle
innovation, enabling the brightest minds in our Nation to thrive. This
approach will also foster the testing and evaluation of new
technologies, which, along with responsible oversight, will build
public trust and accelerate technology adoption. As technology
increasingly permeates every facet of our lives, we must engage a
broader set of stakeholders to ensure the benefits of scientific and
technological achievements are felt by all Americans.
Finally, a strong OSTP is critical for informing the President's
economic and national security policies through independent, expert
judgment. To be effective, OSTP must be staffed with a team of highly
skilled professionals capable of providing well-researched scientific
and technical analysis. This team must work closely with other White
House entities, such as the National Economic Council and the National
Security Council, to develop integrated, cross-cutting policies.
Additionally, effective staffing of the National Science and Technology
Council (NSTC)--which coordinates Federal science and technology policy
across the interagency--will allow OSTP to leverage expertise across
the government and drive innovative solutions that serve both national
security and economic strategy. Building OSTP's capacity to foster
strong interagency collaboration and providing necessary expertise to
the NSTC will be vital in advancing the President's agenda and leading
efforts to address critical technology challenges.
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, such as a 401(k) or pension plan.
Thiel Capital: As approved by OSTP Ethics Counsel and OGE, I will
continue to participate in my former employer's 401(k) plan. The former
employer no longer makes contributions to this plan.
Scale AI: My employment at Scale AI ended on January 17, 2024. As
approved by OSTP Ethics Counsel and OGE, I will continue to participate
in my former employer's 401(k) plan and HSA. The former employer no
longer makes contributions to this plan or HSA.
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.
I hold equity and options in Scale AI, bitcoin, and ethereum. I
will divest of these assets if confirmed, per my ethics agreement. I
will follow all recusal obligations as described in my ethics
agreement.
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 worked for Scale AI from March 2021 until January 17, 2024. I am
no longer an employee and will divest of all of my Scale assets, per my
ethics agreement. I will follow all recusal obligations as described in
my Ethics Agreement.
5. Identify any other potential conflicts of interest and explain
how you will resolve each potential conflict of interest.
I served as a Distinguished Visiting Fellow at Stanford University
and a Board Member of the Foundation for American Innovation, as well
as on an advisory board at the University of Oklahoma. I will follow
all recusal obligations as described in my Ethics Agreement.
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. None.
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, an Inspector General, professional association, disciplinary
committee, or other professional group? If yes:
a. Provide the name of the court, 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, municipal, or foreign government 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.
I am named as a defendant in a putative class action filed on
December 10, 2024 against a former employer by individuals alleging
California labor law claims related to their status as independent
contractors.
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
assault, 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.
Not applicable.
d. relationship with committee
1. Will you ensure that your department/agency/commission/
corporation complies with deadlines for information set by
congressional committees, and that your department/agency/commission/
corporation 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/commission/
corporation 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.
______
Attachment 1
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairman. Thank you, Mr. Kratsios. Mr. Meador.
STATEMENT OF MARK MEADOR, NOMINEE TO BE A COMMISSIONER, FEDERAL
TRADE COMMISSION
Mr. Meador. Thank you, Chairman Cruz, Ranking Member
Cantwell, and members of the Senate Commerce Committee. It was
a pleasure meeting with several of you and your staff over the
past weeks, and it is an honor to be with you all today.
I am humbled by the trust and confidence President Trump
has placed in me to serve as a Commissioner on the Federal
Trade Commission and to help implement his agenda to improve
the lives of American families. Thank you for this opportunity
to serve our country.
Thank you also, Senator Lee, for your very kind
introduction, your unfailing support and friendship, and the
opportunity to serve as your antitrust counselor, not once, but
twice. Your example of leadership has provided a model of
public service that I will strive to emulate in my entire
career.
Before offering some brief remarks, I would like to
recognize several people who have joined me here today. First
and foremost is my best friend, confidant, and devoted wife,
Adrienne, who has joined me along with our six children,
Constance, who is 13, Ross, who is 12, Ambrose, who is 10,
Veronica, who is 8, Silas, who is 6, and John, who is 3.
Many people have heard me say--by the way, I am impressed
that I remembered all of those. That is my--that was my goal
for the day.
[Laughter.]
Mr. Meador. Yes. That makes it easier, actually. Many
people have heard me say that working in the Senate was the
best job I ever had. But truth be told, even if I am confirmed
to this position, carrying and providing for the seven people
seated behind me will always be my best and most important job.
Last, but far from least, I am also joined today by my
parents, Brad and Elise Meador, to whom I owe more than time
permits me to recount. After my faith in Christ, the greatest
gift my parents gave me was a childhood marked by unconditional
love and a dedication to others. After growing up the son of a
nomadic Army officer, my dad prioritized stability for our
family.
He turned down other jobs to continue his career with the
United States Postal Service, and always made sure there was
time to teach me to golf or accompany me on camping trips. My
mom was always there for us when we got home from school, even
while working part time to make ends meet, and yet somehow also
found time to open a soup kitchen at our church.
Thank you both for teaching me the value of service, and
how to be a loving and present father, and husband for my own
family. These examples of hard work and sacrifice were deeply
formative for me and solidified my decision to embark on a
career of public service.
As many of you know, I have worked as a Federal antitrust
enforcer and policy advisor, including at the Department of
Justice's Antitrust Division and here in the Senate. And if I
am fortunate enough to be confirmed to this position, I will be
returning home to where I began my career, the Federal Trade
Commission.
To do so would be the honor of a lifetime. The FTC plays a
critical role in protecting American consumers. Its twin
missions, to stop unfair methods of competition and to protect
consumers, have arguably never been more important. President
Trump is correct that America is facing an affordability
crisis.
Our free market system is the bedrock of the American
economy, and yet many Americans feel that it is no longer
working for them or to their benefit. They value hard work and
free enterprise, but at times feel that honest competition has
been replaced by concentrated economic powers that take them
for granted. A truly free market, however, requires the
availability of meaningful choices for consumers.
This includes the benefit of vibrant competition that leads
to lower prices and higher quality. It also means acknowledging
that Americans are not just consumers, they are mothers and
fathers, neighbors and friends. Protecting competition in all
of our markets is essential to ensuring that America's free
market economy operates as our servant, not our master.
At the same time that American families are struggling to
make ends meet, fraudulent and deceptive practices threaten not
just their wealth, but the well-being of their children and
loved ones. Unscrupulous actors seek to profit off our children
by exploiting their privacy, innocence, and vulnerability.
Chairman Cruz put it especially well when he remarked that
today's families face a challenge previous generations could
not imagine, a rapidly changing digital environment targeting
our kids. Parents struggle to navigate the maze of putatively
free services and social media sites that impose hidden but
growing costs on their children's mental health and safety.
One of the FTC's most important missions in the years to
come will be using its consumer protection authority to
safeguard families from those seeking to take advantage of the
most vulnerable.
If confirmed, I will work to ensure that the FTC's precious
enforcement resources are focused on the cases most needed to
protect consumers and move the law in the right direction, not
wasted on pet projects that risk making bad law or distract
from addressing real threats to American consumers.
FTC enforcement decisions should be based on the facts and
the law, and the law should be vigorously and fairly enforced.
America needs an FTC that is focused on law enforcement,
provides clear guidance, and ensures the public's trust in the
agency, and FTC staff need leaders who work alongside them, not
just over them.
The challenges facing our economy are great, but so is our
resolve. If I am fortunate enough to be confirmed as a
Commissioner on the Federal Trade Commission, I look forward to
working with Chairman Ferguson and my fellow Commissioners to
help American consumers by fighting to protect the competitive
process that keeps markets free and the families that give
value to our freedom. Thank you, and I look forward to
answering your questions.
[The prepared statement and biographical information of Mr.
Meador follow:]
Prepared Statement of Mark R. Meador, Nominee to be Commissioner,
Federal Trade Commission
Thank you, Chairman Cruz, Ranking Member Cantwell, and members of
the Senate Commerce Committee. It was a pleasure meeting with several
of you and your staff over the past weeks, and it is in an honor to be
with you all today.
I am humbled by the trust and confidence President Trump has placed
in me to serve as a Commissioner on the Federal Trade Commission, and
to help implement his agenda to improve the lives of American families.
Thank you for this opportunity to serve our country.
Thank you also, Senator Lee, for your very kind introduction, your
unfailing support and friendship, and the opportunity to serve as your
antitrust counselor not once, but twice. Your example of leadership has
provided a model of public service that I will strive to emulate my
entire career.
Before offering some brief remarks, I would like to recognize
several people who have joined me here today.
First and foremost is my best friend, confidant, and devoted wife,
Adrienne, who has joined me along with our six children: Constance, 13;
Ross, 12; Ambrose, 10; Veronica, 8; Silas, 6; and John, 3. Many people
have heard me say that working in the senate was the best job I ever
had. But truth be told, even if I am confirmed to this position, caring
and providing for the seven people seated behind me will always be my
best and most important job.
Last, but far from least, I am also joined today by my parents,
Brad and Elyce Meador, to whom I owe more than time permits me to
recount. After my faith in Christ, the greatest gift my parents gave me
was a childhood marked by unconditional love and a dedication to
others.
After growing up the son of a nomadic Army officer, my dad
prioritized stability for our family. He turned down other jobs to
continue his career with the United States Postal Service, and always
made sure there was time to teach me to golf or accompany me on camping
trips. My mom was always there for us when we got home from school,
even while working part-time to make ends meet, and yet somehow also
found time to open a soup kitchen at our church. Thank you, both, for
teaching me the value of service and how to be a loving and present
father and husband for my own family.
These examples of hard work and sacrifice were deeply formative for
me, and solidified my decision to embark on a career of public service.
As many of you here know, I have worked as a Federal antitrust
enforcer and policy advisor, including at the Department of Justice's
Antitrust Division and here in the Senate. And if I am fortunate enough
to be confirmed to this position, I will be returning home to where I
began my career: the Federal Trade Commission. To do so would be the
honor of a lifetime.
The FTC plays a critical role in protecting American consumers. Its
twin missions--to stop unfair methods of competition, and to protect
consumers--have arguably never been more important.
President Trump is correct that America is facing an affordability
crisis.
Our free-market system is the bedrock of the American economy, and
yet many Americans feel that it is no longer working for them or to
their benefit. They value hard work and free enterprise, but at times
feel that honest competition has been replaced by concentrated economic
powers that take them for granted.
A truly free market, however, requires the availability of
meaningful choices for consumers. This includes the benefit of vibrant
competition that leads to lower prices and higher quality. It also
means acknowledging that Americans are not just consumers--they are
mothers and fathers, neighbors and friends. Protecting competition in
all of our markets is essential to ensuring that America's free market
economy operates as our servant, not our master.
At the same time that American families are struggling to make ends
meet, fraudulent and deceptive practices threaten not just their wealth
but the well-being of their children and loved ones. Unscrupulous
actors seek to profit off our children by exploiting their privacy,
innocence, and vulnerability.
Chairman Cruz put it especially well when he remarked that,
``today's families face a challenge previous generations could not
imagine: a rapidly changing digital environment targeting our kids.''
Parents struggle to navigate the maze of putatively ``free'' services
and social media sites that impose hidden, but growing costs on their
children's mental health and safety. One of the FTC's most important
missions in the years to come will be using its consumer protection
authority to safeguard families from those seeking to take advantage of
the most vulnerable.
If confirmed, I will work to ensure that the FTC's precious
enforcement resources are focused on the cases most needed to protect
consumers and move the law in the right direction, not wasted on pet
projects that risk making bad law or distract from addressing real
threats to American consumers. FTC enforcement decisions should be
based on the facts and the law, and the law should be enforced
vigorously and fairly.
America needs an FTC that is focused on law enforcement, provides
clear guidance, and ensures the public's trust in the agency. And FTC
staff need leaders who work alongside them, not just over them.
The challenges facing our economy are great, but so is our resolve.
If I am fortunate enough to be confirmed as a Commissioner on the
Federal Trade Commission, I look forward to working with Chairman
Ferguson and my fellow commissioners to help American consumers by
fighting to protect the competitive process that keeps markets free and
the families that give value to our freedom.
Thank you, and I look forward to answering your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Mark Ross
Meador.
2. Position to which nominated: Commissioner, Federal Trade
Commission.
3. Date of Nomination: January 20, 2025.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: Kressin Meador Powers LLC, 400 7th Street NW, Unit 300,
Washington, DC 20004.
5. Date and Place of Birth: March 16, 1985; Bloomington, Indiana.
6. Provide the name, position, and place of employment for your
spouse (if married) or domestic partner, and the names and ages of your
children (including stepchildren and children by a previous marriage).
Spouse: Adrienne Lee Meador, Teacher, St. Nicholas Academic
Community.
7. List all college and graduate schools attended, whether or not
you were granted a degree by the institution. Provide the name of the
institution, the dates attended, the degree received, and the date of
the degree.
University of Houston Law Center, 2008-2011, J.D. awarded May
2011
University of Chicago, 2003-2007, A.B., Philosophy, awarded
June 2007.
8. List all post-undergraduate employment, including the job title,
name of employer, and inclusive dates of employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Visiting Fellow, The Heritage Foundation Tech Policy Center,
October 2023 to present*
Partner, Kressin Meador Powers LLC, July 2023 to present*
Deputy Chief Counsel for Antitrust & Competition Policy,
Senator Mike Lee, United States Senate, January 2022 to June
2023*
Counsel Detailee, United States Senate Committee on the
Judiciary, Subcommittee on Antitrust, Competition Policy &
Consumer Rights, July 2020 to December 2021*
Trial Attorney, United States Department of Justice, Antitrust
Division, Transportation, Energy & Agriculture Section, August
2019 to December 2021*
Associate, Paul, Weiss, Rifkind, Wharton & Garrison LLP, August
2016 to July 2019*
Associate, Cadwalader, Wickersham & Taft LLP, July 2016 to
August 2016*
Counsel Detailee, United States Senate Committee on the
Judiciary, Subcommittee on Antitrust, Competition Policy &
Consumer Rights, August 2015 to July 2016*
Attorney, Federal Trade Commission, Bureau of Competition,
Health Care Division, October 2011 to July 2016*
Legal Editorial Assistant, Jones McClure Publishing, January
2011 to June 2011
Law Clerk, Office of the Attorney General of Texas, Antitrust
Section, June 2010 to November 2010*
Intern, Liberty Legal Institute (now First Liberty Institute),
June 2009 to July 2009
Intern, The Trinity Forum, May 2008 to August 2008
Legal Assistant, Kass & Moses, P.C., August 2005 to January
2008
* denotes management-level jobs and non-managerial jobs that relate
to the position for which I have been nominated.
9. Attach a copy of your resume.
See Attachment A.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above after 18 years of age. 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.
Partner, Kressin Meador Powers LLC
Visiting Fellow, The Heritage Foundation Tech Policy Center
12. List all memberships you have had after 18 years of age or
currently hold with any civic, social, charitable, educational,
political, professional, fraternal, benevolent or religiously
affiliated organization, private club, or other membership organization
(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.
Texas Bar, Member, 2011 to present (inactive since 2017)
District of Columbia Bar, Member, 2017 to present
Supreme Court of the United States, Bar Member, 2023 to present
U.S. District Court for the District of Columbia, Bar Member,
2024 to present
American Bar Association, Antitrust Law Section, Member, 2011-
2019, 2023 to present
Vice-Chair, U.S. Comments & Policy Committee, 2023 to 2024
The Federalist Society, Member, 2008 to present
Executive Committee Member, Corporations, Securities &
Antitrust Practice Group, 2022 to 2024
Vice President, UHLC Student Chapter, 2009-2010
American Compass, Member, 2024 to present
Trail Life USA, Troop VA-1188, Adult Leader, 2023 to present
Fauquier Amateur Radio Association, Member, 2021 to present
American Radio Relay League, Member, 2023 to present
Fan Fairness Coalition, President, 2023 to 2024
John Sherman Foundation, Board Member, 2024 to 2024
Boy Scouts of America, Cub Scout Pack 1188, Adult Leader, 2019
to 2023
Elite Shooting Sports, Member, 2017 to 2023
National Rifle Association, Member, 2017 to 2022
Houston Business & Tax Law Journal, Member, 2009-2011
Editor-in-Chief, 2010-2011
UHLC Advocates for Life, Founder and President, 2010-2011
The Edmund Burke Society, Member, 2004 to present
Secretary, Winter Quarter 2006
None of these organizations discriminates on the basis of race,
color, national origin, age, or disability. Trail Life USA is a
Christian organization for boys; I am not familiar with any formal
membership restrictions. None of the other organizations restrict
membership on the basis of sex or religion.
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. None.
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $200 or more for the past ten years.
Trump 47 Committee--$516.43 (October 9, 2024)
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Blackstone Fellow, Alliance Defending Freedom
Dean's Scholar, University of Houston Law Center
Fellow, The John Jay Institute
Honors Fellow, Intercollegiate Studies Institute
Eagle Scout, Boy Scouts of America
17. List all books, articles, columns, letters to the editor,
Internet blog postings, or other publications you have authored,
individually or with others. Include a link to each publication when
possible. If a link is not available, provide a digital copy of the
publication when available.
Mark Meador & Annie Chestnut Tutor, Don't Let Empty Objections
Stop the Kids Online Safety Act, The Heritage Foundation (Aug.
6, 2024), https://www.heritage.org/big-tech/commentary/dont-
let-empty-objections-stop-the-kids-online-safety-act.
Mark Meador, Ticketmaster's `Legally Permissible' Abuse of
Monopoly Power Won't Fly, Sportico (July 18, 2024), https://
www.sportico.com/law/analysis/2024/ticketmasters-abuse-of-
monopoly-power-wont-fly-1234789894/.
Mark Meador, Not Enforcing the Robinson-Patman Act is Lawless
and Likely Harms Consumers, FedSoc Blog (Jul. 9, 2024), https:/
/fedsoc.org/commentary/fedsoc-blog/not-enforcing-the-robinson-
patman-act-is-lawless-and-likely-harms-consumers.
Mark Meador & Joel Thayer, Why the TikTok bill is
constitutional, The Hill (Mar. 27, 2024, 3:00 PM), https://
thehill.com/opinion/technology/4536696-why-the-tiktok-bill-is-
constitutional/.
Mark Meador, MEADOR: Break Up Live Nation Ticketmaster To
Protect Fans, Daily Caller (Jan. 26, 2024, 10:59 AM), https://
dailycaller.com/2024/01/26/meador-live-action-ticketmaster-
antitrust/.
International Comparative Legal Guide to: Vertical Agreements
and Dominant Firms 2018, Chapter 20: USA, available at https://
www.acc.com/sites/default/files/resources/vl/membersonly/
Article/1488171_1.pdf.
International Comparative Legal Guide to: Vertical Agreements
and Dominant Firms 2017, Chapter 19: USA, available at https://
www.acc.com/sites/default/files/resources/vl/membersonly/
Article/1461931_1.pdf.
Mark R. Meador, Squeezing the Middleman: Ending Underhanded
Dealing in the Pharmacy Benefit Management Industry Through
Regulation, 21 Ann. Health Law 77 (2011), available at https://
papers.ssrn.com/sol3/papers.cfm?
abstract_id=1875249.
18. List all speeches, panel discussions, and presentations (e.g.,
PowerPoint) that you have given on topics relevant to the position for
which you have been nominated. Include a link to each publication when
possible. If a link is not available, provide a digital copy of the
speech or presentation when available.
Panelist at Heritage Foundation panel: Defending Digital
Boundaries: The Conservative Case for Online Protection (Sept.
24, 2024) https://www.heritage.org/big-tech/event/defending-
digital-boundaries-the-conservative-case-online-protection.
Panelist at Project Sphere panel: How Does A.I. Affect
Education?, https://www.projectsphere.org/episode/how-does-a-i-
affect-education/.
Panelist at Project Sphere panel: How Should We Address the
Challenges Around A.I.?, https://www.projectsphere.org/episode/
how-should-we-address-the-challenges-around-a-i/.
Panelist at Project Sphere panel: Should We Be Optimistic About
Technology? Online Access and Connectivity, https://
www.projectsphere.org/episode/should-we-be-optimistic-about-
technology-online-access-and-connectivity/.
Presenter, American Moment Foundations of American Statecraft
Course, Navigating Antitrust Law: Insights from Policy and
Practice (April and October 2024).
Panelist at DOJ-FTC Joint Workshop: Evolving Approaches to
Mergers Between Rivals from the 2010 HMG to the Draft Merger
Guidelines (Sept. 5, 2023), https://www.ftc.gov/news-events/
events/2023/09/2023-draft-merger-
guidelines-workshop.
Panelist at ABA Antitrust Law Section Fall Forum panel:
Legislative Reform--Competition Policy as Staple Gun (Nov. 17,
2022).
Panelist at Competition Policy International panel: Challenges
in Merger Enforcement--Where Next? (Nov. 16, 2022) https://
www.competitionpolicyinter
national.com/challenges-in-merger-enforcement-where-next-
recording.
Panelist at Bipartisan Policy Center panel: Big Tech and M&A:
Killer Acquisitions and Kill Zones? (Oct. 31, 2022), https://
www.youtube.com/watch?v
=NCD2sdhLUi0.
Panelist at ABA Antitrust Law Section Legislation Committee
panel: Update on the State Antitrust Enforcement Venue Act
(July 11, 2022).
Keynote Address at the GW Regulatory Studies Center and
Information Technology and Innovation Foundation Conference:
Dynamic Competition and Public Policy (April 14, 2022), https:/
/www.youtube.com/watch?v=zX9E5O-a_Zw&t
=31705s.
Panelist at the George Mason Law Review and Global Antitrust
Institute 25 Years of Antitrust Symposium: Proposals to Change
the Antitrust Laws (Feb. 25, 2022), https://www.youtube.com/
watch?v=mHDarN3hQyI.
Panelist at ABA Antitrust Law Section Legislation Committee
panel: Antitrust Legislation in Congress in 2016--A Preview
(Feb. 17, 2016).
19. List all public statements you have made during the past ten
years, including statements in news articles and radio and podcasts and
television appearances, which are on topics relevant to the position
for which you have been nominated, including dates. Include a link to
each statement when possible. If a link is not available, provide a
digital copy of the statement when available.
I have done my best to identify all public statements I have made
over the past ten years, including statements in news articles and
radio and podcasts and television appearances, which are on topics
relevant to the position for which I have been nominated, including
through a review of personal files and searches of publicly available
electronic databases. Despite my best efforts, there may be other
materials I have been unable to identify, find, or remember. I have
located the following:
Merger Monthly: HSR Form's Additional Information Requirements
Further Institutionalize New Era of Merger Scrutiny, The
Capitol Forum. Oct. 14, 2024, (digital copy provided).
Antitrust Case Against Visa Debit Lights the Way for Probe of
Firm's Dominance in Credit Cards, Industry Experts, Lawyers
Say, The Capitol Forum, Sept. 26, 2024 (digital copy provided).
The FOX News Rundown, FOX News Radio (Sep. 9, 2024), https://
podcasts
.apple.com/us/podcast/house-probe-of-afghanistan-exit-details-
catastrophic/id1303660358?i=1000668857119 (discussing Live
Nation-Ticketmaster).
Moment of Truth: Google's Worst Day Is Here (ft. Mark Meador),
American Moment (Aug. 12, 2024), https://www.youtube.com/
watch?v=hqm4EAVyiAM.
The Dynamist: Did Google Monopolize Ad-Tech? w/Mark Meador, The
Foundation for American Innovation (August 8, 2023), https://
podcasts.apple.com/us/podcast/episode-30-did-google-monopolize-
ad-tech-w-mark-meador/id1528920211.
Matthew Perlman, 4 Takeaways From Landmark Google Search
Ruling, Law360, Aug. 6, 2024, https://www.law360.com/articles/
1867101/4-takeaways
-from-landmark-google-search-ruling.
Stefania Palma and James Fontanella-Khan, JD Vance and Kamala
Harris scramble U.S. dealmakers' election strategies, Financial
Times, July 24, 2024, https://www.ft.com/content/6be260f4-daeb-
441c-97c3-67be65242797.
Ashley Gold and Maria Curi, Tech after a Trump victory, Axios,
July 17, 2024, https://www.axios.com/pro/tech-policy/2024/07/
17/tech-after-a-trump-victory.
Anna Langlois and Ben Remaly, Past settlements may boost DOJ's
bid for Live Nation breakup, Global Competition Review, May 24,
2024, https://global
competitionreview.com/gcr-usa/article/past-settlements-may-
boost-dojs-bid-live-nation-breakup.
Daysia Tolentino and Rob Wile, `It is time to break up Live
Nation': DOJ sues Ticketmaster parent over alleged monopoly,
NBC News, May 23, 2024, https://www.nbcnews.com/business/
business-news/ticketmaster-sued-department-justice-monopoly-
rcna153645.
Rob Wile, What the Ticketmaster-Live Nation lawsuit could mean
for fans of live music, NBC News, May 23, 2024, https://
www.nbcnews.com/business/business-news/ticketmaster-live-
nation-lawsuit-mean-fans-live-music-rcna153739.
Anna Langlois, Powers moves to antitrust boutique, Global
Competition Review, April 29, 2024, https://
globalcompetitionreview.com/gcr-usa/article/powers-moves-
antitrust-boutique.
Anna Langlois, Visa, Mastercard allow steering to resolve
interchange fee case, Global Competition Review, Mar. 27, 2024,
https://globalcompetition
review.com/gcr-usa/article/visa-mastercard-allow-steering-
resolve-interchange-fee-case.
Open Letter to Assistant Attorney General Jonathan Kanter (Mar.
21, 2024), available at https://cdn.sanity.io/files/d8lrla4f/
staging/23fa7c81de31d2c97
e58b81285af85f719b5721f.pdf.
Kathleen Murphy, Meador joins Heritage, FTCWatch, Jan. 29, 2024
(digital copy provided).
Chris May, Comment: Major League Baseball scores postponed
reckoning over U.S. Federal antitrust exemption with
settlements, MLEX, Nov. 7, 2023, https://www.mlex.com/mlex/
articles/2000158/comment-major-league-baseball-scores-
postponed-reckoning-over-us-federal-antitrust-exemption-with-
settlements.
Marcia Brown, The Next Generation of Law Students Is Obsessed
With Lina Khan, Politico Magazine, Nov. 6, 2023, https://
www.politico.com/news/magazine/2023/11/06/law-students-
antitrust-lina-khan-00124240.
Anna Langlois, Congressional committees float proposals to curb
DOJ funding, Global Competition Review, Aug. 9, 2023, https://
globalcompetitionreview
.com/gcr-usa/article/congressional-committees-float-proposals-
curb-doj-funding.
Moment of Truth: Will We Revolutionize Antitrust? (ft. Mark
Meador), American Moment (July 31, 2023), https://
www.youtube.com/watch?v=n4lGMBf6-ys.
David Mamone, Mark Meador: the exit interview, Global
Competition Review, July 3, 2023, https://
globalcompetitionreview.com/gcr-usa/article/mark-meador-the-
exit-interview.
Ben Remaly and David Mamone, Boutique of former Kanter
colleagues grows with Senate hire, Global Competition Review,
July 3, 2023, https://global
competitionreview.com/gcr-usa/article/boutique-of-former-
kanter-colleagues-grows-senate-hire.
Our Curious Amalgam: #215 What Does Antitrust Counsel to a
United States Senator Do? A Conversation With Mark Meador,
American Bar Association (Apr. 23, 2023), https://
ourcuriousamalgam.com/episode/215-mark-meador/.
20. 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 full name of an ``alias'' or ``handle'',
including the complete URL and username with hyperlinks, 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: https://www.linkedin.com/in/markrmeador/ (active)
X: @mrmeador (active)
Instagram: @mrmeador (deactivated)
Facebook: Mark Meador (deleted)
Substack: @mrmeador (active, reading only)
QRZ.com: K3ATR, https://www.qrz.com/db/k3atr (active)
Clubhouse: @mrmeador (dormant)
TruthSocial: @mrmeador (dormant)
GETTR: @mrmeador (dormant)
SSRN: Mark R. Meador, https://papers.ssrn.com/sol3/cf_dev/
AbsByAuth.cfm?
per_id=1658093 (active)
21. 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, committee, and subject
matter of each testimony. None.
22. Given the current mission, major programs, and major
operational objectives of the department/agency/commission/corporation
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 Federal Trade Commission bears the incredibly important
responsibility to ensure fairness in American markets by preventing
anticompetitive conduct and mergers and unfair and deceptive practices.
I have dedicated my career to the pursuit of these same goals and
believe they are fundamental to ushering in the President's vision for
America's golden age.
To start, my antitrust experience spans over many vantage points
and includes advising at the highest levels. I began my career as a
staff attorney in the Health Care Division of the Bureau of Competition
at the FTC, where I spearheaded investigations into complex health care
markets. I have also served as a staff attorney at the Antitrust
Division of the United States Department of Justice, where I played a
leading role in efforts to protect consumers and competition in the
transportation, technology, and fintech industries.
I leveraged these experiences as antitrust counsel in the United
States Senate for Senator Mike Lee, where I assisted in drafting and
reviewing antitrust legislation. I also advised on oversight of Federal
antitrust enforcers, working to ensure that the agencies promoted
consumer welfare and adhered to their stated mission as defined by
Congress.
I have spent several years practicing antitrust law in private
practice, both at a large defense-oriented firm and at my own small
firm specializing in offense-oriented antitrust. I have appeared before
FTC and DOJ both to defend parties under investigation and to solicit
investigations on behalf of victims. These experiences have given me
insight into the challenges faced by both antitrust defendants and
private plaintiffs, something that I believe is essential to making
sound judgments as an antitrust enforcer.
Outside of my legal practice, I have also been a strong advocate
for protecting children online. Alongside the FTC's critical work to
prevent fraud, scams, and other predatory conduct against consumers,
protecting our children from the dangers posed by various social media
platforms is one of the agency's highest callings. As a father of six,
I take this responsibility seriously and understand the challenges that
parents face in striking the right balance for the role of technology
in their kids' lives.
I care deeply about the FTC's mission, as well as for the rule of
law. My experiences have made me sensitive to the effects that legal
and regulatory policies have on stakeholders, consumers, and most
importantly American families. What's more, I have the proven ability
to find the balance between Federal governance, private companies, and
consumers in promoting a healthy and sustainable marketplace. If
confirmed, I look forward to using my diverse experiences as an
antitrust lawyer and parent to ensure that the FTC Act is, to borrow
the words of President Trump, ``enforced both vigorously and fairly,
with clear rules that facilitate, rather than stifle, the ingenuity of
our greatest companies.''
23. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency/commission/corporation has proper
management and accounting controls, and what experience do you have in
managing a large organization?
Prudent stewardship of taxpayer resources is one of the most
important responsibilities of the executive branch. If confirmed, my
responsibility will be to work with the Chairman, other Commissioners,
and FTC staff to ensure that agency resources are used efficiently and
effectively to fulfill the agency's mission within the bounds of the
law.
I have experience managing large teams of attorneys in private
practice, supervising teams of law clerks on the Senate Antitrust
Subcommittee, and managing a law firm. I also have six children.
24. What do you believe to be the top three challenges facing the
department/agency/commission/corporation, and why?
The top three challenges facing the FTC are: (1) the growing number
and complexity of threats to the American family and consumer,
oversight of which has been hampered by the misallocation of resources
under the prior administration; (2) a staff that has been demoralized
by four years of mismanagement; and (3) a lack of trust within the
business community after four years of repeated leaks of confidential
information, weaponized and unpredictable agency procedures, and
politicized enforcement actions.
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, such as a 401(k) or pension plan.
Upon confirmation, I will resign from Kressin Meador Powers LLC and
forfeit my interest in any contingency cases. In exchange for
forfeiting my interest in any contingency cases, the firm will make a
payment to my capital account, the amount of which will be fixed before
I enter government service. The firm also will pay into my capital
account partnership distributions to which I was entitled at the time
of my departure. This payment will be based solely on the firm's
earnings through the date of my withdrawal, and the amount of the
payment will be fixed before I enter government service. The amounts in
my capital account will be paid to me over a period of six months. The
firm also will be renamed to remove my name.
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
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.
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.
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.
During my time as a detailee to and employee of the Senate, my
responsibilities included working on the drafting, negotiating, and
passage of legislation, as well as oversight of the FTC and DOJ
Antitrust Division.
In private practice, especially in my current role, I have
frequently been retained by persons harmed by violations of the
antitrust laws. Those engagements typically entail meeting with Federal
and/or state antitrust enforcers to share concerns and seek an
investigation and/or enforcement action (i.e., ``influence . . . the
administration and execution of law''). Victims in antitrust cases are
extremely vulnerable to retaliation, and therefore my representation of
those parties is highly confidential in addition to being protected by
the attorney-client privilege. The Rules of Professional Conduct for
the District of Columbia Bar prevent me from disclosing the identity of
those clients.
The National Grocers Association retained me to provide antitrust
counseling and legal advice on a number of matters. This included
guidance on model legislation to protect competition in the grocery
sector.
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, an Inspector General, professional association, disciplinary
committee, or other professional group? If yes:
a. Provide the name of the court, 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, municipal, or foreign government 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.
In 2007, a roommate and I were plaintiffs in a lawsuit against our
former landlord, in which we alleged that he had comingled funds in
violation of Chicago city ordinances. The matter settled shortly after
the suit was filed. The case number was 2007-MI-179986, in the Circuit
Court of Cook County, Municipal Department, First District.
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
assault, sexual harassment, or discrimination on the basis of sex,
race, religion, or any other basis? If so, please explain.
In 2018, while at Paul, Weiss, I was the senior associate
overseeing a second request response for a client. My duties included
managing a significant number of junior associates. One junior
associate, a male, consistently turned in work that was late and of
poor quality. After a short period, I removed him from the matter, over
his strenuous objections. In retaliation, he made baseless allegations
in a written ``upward review'' that I had engaged in favoritism toward
male associates while managing the matter. I was shocked to see this,
as nearly all of the associates to whom I entrusted the most important
tasks and from whom I received the best work product were women. After
reading the allegations, I shared them with two of the female
associates I oversaw, and they both confirmed that there was absolutely
no merit to the claims. The concern was never raised to me by anyone
else at the firm, and the male associate parted ways with the firm
shortly after his next performance review.
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/commission/
corporation complies with deadlines for information set by
congressional committees, and that your department/agency/commission/
corporation endeavors to timely comply with requests for information
from individual Members of Congress, including requests from members in
the minority?
If confirmed, I will work diligently with my fellow commissioners
to ensure compliance with deadlines and requests for information.
2. Will you ensure that your department/agency/commission/
corporation 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.
______
Attachment A
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairman. Thank you to you both. Your backgrounds are
remarkable. Mr. Kratsios, let's start with you. Mr. Kratsios,
during the first Trump Administration, you served as the U.S.
Chief Technology Officer and as the third highest ranking
official at the U.S. Department of Defense.
Mr. Meador, you bring extraordinary experience not only
from your time at the FTC, but also from your tenure at the
Department of Justice in the Antitrust Division, and your work
in the Senate as a recidivist, twice going to work for Mike
Lee.
Mr. Kratsios, please tell the Committee why do you want to
be the Director of the Office of Science Technology Policy?
Mr. Kratsios. I deeply believe that it is critically
important for our Nation to lead the world in emerging
technologies. These are technologies like AI, like quantum,
like advanced telecommunications that will power our economy--
ensure a long term national security.
And if there is one agency within the Government that can
help in this mission is OSTP. It is an organization that was
established to coordinate all the disparate science and
technology equities across the Government. I am familiar with
how the agency operates, and I believe that I can do a very
great job in driving these initiatives across Government.
The Chairman. Now, as Chief Technology Officer during the
first Trump Administration, you played a key role in freeing up
a significant amount of Federal spectrum for 5G through the
AMBIT process. Do you expect that this Administration will
again push for freeing up spectrum for commercial use?
Mr. Kratsios. I think it is critically important to always
be looking at ways that we can better utilize the spectrum that
is currently being occupied by various Government agencies. And
the process that we are able to show in the AMBIT process is
that if you bring the right technologies to bear on these
problems, we can find a way that can benefit both the national
security interest of the United States and the commercial
interest.
So I think it is very possible to be done, and I think we
just have to bring to bear the great science and technologies
at OSTP to help solve the critical technical problems or
technical challenges associated with freeing up some of the
spectrum.
The Chairman. And given your experience as a senior leader
at the Defense Department, would you agree that it is
technologically possible to free up spectrum without
compromising national security?
Mr. Kratsios. I think it is proven that it can be done. It
has been done before. And I think if we get the right minds
together in a room, I think these are the types of problems
that we can solve collectively.
The Chairman. Terrific. Mr. Meador, during the nomination
hearing for Commissioners Ferguson and Holyoak, I noted the
challenges posed by evolving markets and emerging technologies.
I have long thought the actions of big tech and our reliance on
such companies may raise both consumer protection and antitrust
concerns.
I was very pleased to see Chairman Ferguson issue a request
for information last week seeking public comment regarding
technology platforms' censorship. He highlighted that current
actions by tech platforms may violate their own terms of
service, in violation of Section 5 of the FTC Act.
Mr. Meador, how should the FTC address the challenges posed
by emerging technologies and big tech?
Mr. Meador. Thank you, Mr. Chairman. I believe the FTC has
taken the first step, which is to collect all of the facts.
Before we can make any enforcement decision, we need to know
the marketplace reality.
And so, reaching out to consumers to hear about their
experiences is the very first thing we need to do. After that,
it is a matter of looking at the facts under the law to see
whether there has been, in the case of a consumer protection
matter, some act of unfair practice or a deception of
consumers.
And so I am confident that with this first step of
collecting information, the FTC is off to the right start. And
if I am fortunate enough to be confirmed, I look forward to
working with Chairman Ferguson and the other Commissioners to
look at this issue very closely.
The Chairman. Would you agree that the FTC has ample tools
to address the challenge of big tech censorship? And I have
long said that I think big tech censorship poses the single
greatest threat to free speech and free and fair elections in
this country. Do you agree with that assessment?
Mr. Meador. I do, Chairman. I believe that the FTC has a
lot of tools at its disposal currently, and the first thing
that it can do is to undertake an examination of the market
through that lens, to see what tools we have available to
address the harms that we identify in the marketplace.
Should we encounter some harm that can't be solved with the
tools that FTC has today, I would be happy to work with your
office and other members of the Committee to discuss what the
path forward might be for additional tools to solve that
problem.
The Chairman. Mr. Kratsios, at OSTP you played a pivotal
role in advancing the United States's AI strategy, and you
helped establish many of the tenets put in place under the 2020
National Artificial Intelligence Initiative Act. But some of
those tenets were abused by the Biden Administration.
The first Trump Administration's AI initiative emphasized
NIST's role in developing basic measurement standards for AI.
Under President Biden, misused authorities granted by the AI
Initiative Act to develop standards for evaluating supposed AI
``risks,'' and I put that in quote, such as bias and
misinformation, testing standards became a Trojan horse for
progressive social policies.
In January 2025, President Trump issued a new AI Executive
Order in which he directed OSTP to develop an AI action plan.
The President knows the United States must avoid the European
model of premature regulations, something Vice President J.D.
Vance also emphasized in his speech at the Paris AI Summit the
other week.
How did the previous Administration deviate from the AI
strategy that you put in place, and how do you anticipate that
the Trump Administration will build on your past work to ensure
American leadership and dominance in AI?
Mr. Kratsios. I look forward to, if confirmed, working on
the AI action plan with other members of the White House and
interagency.
The most important thing when you--to me, when you think
about applying an AI strategy across the agencies, is to think
very carefully and critically about what the individual
missions of the various agencies are and align the policy
actions associated with the strategy to the mission.
With regards to NIST, for example, NIST has a long
bipartisan history of being an agency that does measurement
science, and the work associated with any AI initiative should
be in the light of that--it should be focused on measurement
science.
So to me, I look forward to working with a wide variety of
agencies that would be involved in driving this AI action plan,
but most critically and I think through the lens that I would
be looking through all this through is understanding what the
strengths are of individual agencies and making sure that how
they contribute to the larger strategy aligns with that, rather
than deviating from it.
The Chairman. Thank you. Senator Blunt Rochester.
STATEMENT OF HON. LISA BLUNT ROCHESTER,
U.S. SENATOR FROM DELAWARE
Senator Blunt Rochester. Thank you, Chair Cruz and Ranking
Member Cantwell. And thank you both to Mr. Meador and Mr.
Kratsios for being here. I would like to start with a few
questions for Mr. Meador.
I appreciated our meeting yesterday, and we discussed
protecting consumers is at the heart of the Federal Trade
Commission's work. I shared with you in our meeting that I have
received an overwhelming outreach from my constituents from
calls and e-mails.
We had a town hall yesterday with over a thousand folks,
and many of them are concerned and some are just afraid that
Elon Musk and DOGE are accessing their personal data, from
their Social Security numbers to tax records. Not only are they
concerned about people accessing this but what they will use it
for.
As a consumer protection enforcer, what responsibility do
you think the FTC has to monitor DOGE with regards to sensitive
and private consumer data?
Mr. Meador. Thank you, Senator. I enjoyed our conversation
as well. It is good to be with you again. So as I mentioned at
the time, there are laws the FTC enforces, and there are also
laws to which the FTC is subject. And in the latter category is
included confidentiality protection.
So, when I was staff attorney practicing antitrust law, we
would collect information from third parties as part of the
investigation, and we were required to keep that confidential.
And that is very important, so that businesses can trust that
when they come to the FTC and share information as a witness to
help our investigations, that it won't be leaked. Those cover
the other side of the FTC as well and consumer protection
matters.
And so, the agency has an obligation to keep all of the
confidential information that it collects private and within
the agency. I can't speak to what the internal plans or
practices are for DOGE, but I can commit that if confirmed to
this position, I would ensure the FTC is following the laws
that it enforces as well as the laws that restrict it.
Senator Blunt Rochester. Thank you. Yesterday, we also
discussed our shared concern over pharmacy benefit managers or
PBMs. As we discussed, PBMs contribute to inflated drug costs
for Americans and play an outside role in the drug supply chain
at the expense of consumers.
In the House, I was able to co-lead a bipartisan effort to
rein in PBMs and want to continue to do that in the Senate.
Will you commit to supporting continued work at the FTC to
investigate PBMs and take necessary enforcement actions?
Mr. Meador. Thank you. I was fortunate to begin my career
at FTC in the health care division. And so, this is an area of
the economy that I care deeply about and is really one of those
kitchen table issues that people pay close attention to.
And if confirmed, yes, I am committed to ensuring we have
competitive markets in the health care space and using all of
the agency's tools in furtherance of that mission.
Senator Blunt Rochester. Thank you. Mr. Kratsios, in your
2019 confirmation hearing, you said ``workforce development
must be at the heart of everything we do at the Office of
Science Technology Policy.'' Do you still believe this?
Mr. Kratsios. I do, yes.
Senator Blunt Rochester. So I am laser focused on preparing
the workforce for jobs of today and the future. I was Secretary
of Labor in Delaware. I started a bipartisan future work caucus
in the House. And especially when we look at things like
biotech and AI and quantum, as Director of OSTP, would you
prioritize strategies to increase our emerging tech workforce?
And if so, how?
Mr. Kratsios. Absolutely. Whenever I think about how you
structure a national strategy around emerging tech, it
typically falls on four pillars. One is R&D. One is on
regulations. One is on international.
And the fourth pillar is always workforce. And within the
Federal Government, there is lots of levers that you can use to
drive those efforts. It can be through grants and fellowships
to researchers.
And it can also be through lots of other programs to allow
for training and reskilling. So I am a big advocate and would
be delighted to work with you on those issues.
Senator Blunt Rochester. Great. Much of the work is outside
of Government, but I am concerned about the mass firings of
scientists and engineers at NIH and NIST. Do they--does that
concern you? And do you think that the hollowing out of the
Federal Government for this technical talent risks losing
ground to economic competitors like China?
Mr. Kratsios. I think it is very important when you enter
into a new Administration to have the opportunity to assess the
team that you have on the field and determine what is the best
way to be able to drive the priorities of the American people
and the President. And I think it is very natural and common
sense and logical to do that evaluation.
And what I have observed from the outside is that these
considerations of employment are ones that do not--are not
specifically targeted to science and technology but are broad
across all the agencies. So I think it is an important and
necessary step to take when you start a new Administration.
Senator Blunt Rochester. My time has expired, but I will
submit some questions for the record, Mr. Chair. And one of
which is I wanted to know if you believe there is bias in AI or
has been bias in AI. Thank you, and I yield back.
The Chairman. Thank you. Senator Fischer.
STATEMENT OF HON. DEB FISCHER,
U.S. SENATOR FROM NEBRASKA
Senator Fischer. Thank you, Mr. Chairman. And thank you to
both of our nominees here today. I enjoyed meeting with both of
you before this hearing, so thank you for coming into my office
and having a good discussion. Mr. Kratsios, I welcome your
enthusiasm for advancing American leadership on emerging
technologies.
As you know, OSTP is responsible for coordinating science
and tech policy among Federal agencies. When you were the
United States Chief Technology Officer, one of your focuses was
advancing DOD's unique testing authorities to drive innovation.
And at the time, you stated that the Department of Defense
is at the forefront of cutting edge 5G testing and
experimentation. Do you still believe that?
Mr. Kratsios. I do, yes.
Senator Fischer. And when it comes to 5G and other spectrum
matters, do you believe that DOD testing should be faithfully
integrated into a national spectrum policy?
Mr. Kratsios. Yes, DOD is a critical component of the
spectrum strategy.
Senator Fischer. If you are confirmed to be Director of
OSTP, your role will still be influential on national spectrum
policy, even though it may be smaller compared to other
agencies. Previously, I understood you were involved with
America's Mid-Band Initiative Team, known as AMBIT, and you
brought that up a couple times yesterday in our discussion.
And so, I looked into it a little bit more to familiarize
myself with it. And that was an auction off mid-band spectrum
held by DOD, and it was to make those licenses available to
wireless companies. Is that correct?
Mr. Kratsios. Yes.
Senator Fischer. Did AMBIT auction, did that cause more
congestion for defense systems operating in that lower 3 band?
Mr. Kratsios. In my opinion, I think AMBIT provided an
opportunity for a technical analysis of that spectrum range and
find a way to be able to still complete the security mission by
moving some of the workloads that were in the auction band to
lower bands.
Senator Fischer. So they had to compress that band even
more then, in order to accommodate that into the lower 3? Is
that correct?
Mr. Kratsios. Yes. So some of the activities that were in
the band that ultimately were auctioned were moved down to
lower bands.
Senator Fischer. Are you familiar--oh, first of all, I
understand that AMBIT struggled on the back end with major
relocation costs from the defense systems that were de-placed
in that process of compressing them. Is that correct?
Mr. Kratsios. I don't--I haven't tracked the details of
that since I left office, but there is always transition costs
associated with freeing up bands typically.
Senator Fischer. Are you familiar with any of the costs?
Are those readily available to be--so we can access those? Do
you know how that cut into the net revenue that was expected
from the auction?
Mr. Kratsios. I am not familiar with those details but I
can try to see what is publicly available.
Senator Fischer. That would be great. Mr. Meador, over the
years, the Federal Trade Commission has faced off in court
against the deepening pockets of major corporations, especially
when it comes to big tech. If confirmed, how would you
prioritize litigation and effectively use agency resources in
upholding the FTC's mission?
Mr. Meador. That is a very important topic. I will say the
FTC staff have gotten very good at doing a lot with often much
less.
If confirmed, my first step will be to consult with the
Chairman, the Commissioners, and of course, the staff to
understand what challenges they are facing--what do we have on
our docket and what resources do we have available.
And then, work collaboratively with all of them to
determine which cases are the highest priority to protect the
largest number of consumers from the greatest threats.
Senator Fischer. It is my understanding that at times there
can be tension with that enforcement coordination with the
Department of Justice. Do you have any comments on that, or if
that would occur, what would you do?
Mr. Meador. Sure. Yes, this is something that has happened
frequently in the past. Some of it has unfortunately been very
public.
I am confident that President Trump has selected leaders
for this Administration who can work very well together. I
think is of paramount importance that both agencies be singing
from the same hymn sheet and be aligned on policy and
enforcement decisions. And there should really be no daylight
between them when it comes to how they are enforcing the
antitrust laws.
I think anything is possible if you don't care who gets the
credit. And so, when it comes to merger clearance, we should be
focusing on protecting consumers as fast as possible, not
trying to get one up on the other agency.
Senator Fischer. Thank you both for putting yourselves
forward to serve in these very dangerous times that we live in.
I really appreciate it and thank you to your families as well.
Thank you, Mr. Chairman.
The Chairman. Thank you. Senator Baldwin.
STATEMENT OF HON. TAMMY BALDWIN,
U.S. SENATOR FROM WISCONSIN
Senator Baldwin. Thank you, Mr. Chairman. The bipartisan
CHIPS and Science Act authorized one of the largest investments
in our Nation's history into public research and development.
These investments will help ensure the United States remains a
global leader in innovation for critical and emerging
technologies such as artificial intelligence and quantum
computing.
Unfortunately, it has been reported that the Trump
Administration is considering reducing the National Science
Foundation, their annual budget, by up to 66 percent, and I
believe this would be a disastrous step backward in the
international race to invest in and develop these technologies.
So Mr. Kratsios, do you support the bipartisan investments
that have been made under the CHIPS and Science Act?
Mr. Kratsios. I generally have for many years supported the
important role that federally funded, early stage, basic pre-
competitive research plays in the ecosystem. And----
Senator Baldwin. so, is that a yes, as far as the CHIPS and
Science Act?
Mr. Kratsios. I think components of the CHIPS and Science
Act are extremely important for ensuring U.S. leadership in
semiconductors and the broader AI ecosystem.
Senator Baldwin. OK. Do you think it would be wise to
reduce the budget of the National Science Foundation and cut
back on these critical investments in research and development?
Mr. Kratsios. I can't speak necessarily the top line of the
National Science Foundation budget----
Senator Baldwin. About 66 percent is what we have heard
floated.
Mr. Kratsios. So I will defer to the President and OMB as
they decide those top lines. But to me, I think what is
important is in some sense the absolute number, but more
importantly, how the dollars that actually are budgeted and
ultimately appropriated are spent in prioritizing them in areas
of the national interest.
When I served as the USCTO in the last Administration even
in constrained budget environments, we spent a lot of time
trying to ensure that we were prioritizing investments in the
areas that were most critical for the future of American
prosperity.
Senator Baldwin. But you wouldn't rule out a 66 percent cut
in NSF funding?
Mr. Kratsios. I would defer again to the process that the
President and OMB are going to lead.
Senator Baldwin. Thank you. We know that in order to remain
a global leader, we need our best and our brightest, regardless
of their gender, their race, their ethnicity, their sexual
orientation, to be on the front lines in these research
careers.
That is why the bipartisan CHIPS and Science Act requires
OSTP to develop and publicize guidance to Federal laboratories
and universities on best practices to help identify any
institutional barriers that limit the recruitment, retention,
and advancement of women and underrepresented minorities in
STEM research careers.
So, Mr. Kratsios, do you believe President Trump's
Executive Order ending DEI programs contradicts this bipartisan
law? And do you commit to executing this OSTP directive in the
law, even if you are directed by President Trump not to?
Mr. Kratsios. I do not believe that the DEI Executive Order
is in conflict with the law. I have for many years and will
continue to advocate for all Americans to be able to pursue
STEM degrees. In my opinion, there are not enough Americans
pursuing advanced degrees in STEM, and it would be my priority,
if I was to be confirmed, to try to get as many Americans as
possible to go back into STEM fields.
Senator Baldwin. Thank you. Mr. Meador, I really appreciate
your taking the time last week to stop by to discuss some of
the critical issues that are before the Federal Trade
Commission.
In our meeting, we discussed our shared concerns around the
market consolidation in the health care industry. I appreciated
hearing from you about your perspectives on private equities'
acquisition of hospitals, physician groups, and nursing homes.
Can you share with the Committee what role you believe the
Federal Trade Commission has in the interest of health care
quality and costs?
Mr. Meador. Thank you for raising that topic. The FTC plays
a critical role in its antitrust enforcement duties to ensure
that our markets remain competitive. That includes both
preventing anticompetitive conduct, but also policing mergers
to ensure there is not undue consolidation with any--within any
individual market.
There, it is important to look at the competitive effects
of a merger, regardless of who is purchasing it, to ensure that
in the aftermath we are going to have a competitive status quo.
That competition will be maintained so that all health care
providers feel that need to continue to provide better quality
services to patients.
Senator Baldwin. Thank you. So I only have 20 seconds left.
Mr. Kratsios, you may answer this either here or for the
record. You come to this role with significant prior experience
with artificial intelligence. With respect to healthcare, I
want to know what role you believe AI has in our healthcare
systems, and what, if any, guardrails you think should be in
place?
Mr. Kratsios. I think one of the greatest and most
impactful applications of artificial intelligence will be in
the world of health care, from drug discovery to the way that
we operate our health care institutions. So there is a
tremendous opportunity, both at places like HHS and in the
private sector to make an impact.
The Chairman. Thank you. Senator Curtis.
STATEMENT OF HON. JOHN CURTIS,
U.S. SENATOR FROM UTAH
Senator Curtis. Thank you, Mr. Chairman. Mr. Meador, in the
waning days of the Biden Administration, the FTC noticed two
proposed rulemakings regarding earnings claims. These rules
unfairly targeted the direct selling industry, which is a large
industry in Utah. It represents 38,000 jobs, $2.7 billion of
statewide earnings.
But more important, an industry that I know from firsthand
observation works diligently to obey all the laws, to stay
within all the parameters, and yet frequently finds themselves
attacked by bureaucrats. So my question for you is, can you
commit to voting against implementing the two proposed rules?
Mr. Meador. Thank you, Senator. Well, I can't commit to any
specific vote, should I be confirmed, but I can tell you that
if I am confirmed, I will work with staff to get up to speed on
that issue and approach it with an open mind.
Senator Curtis. Good. And I appreciate and understand that,
so I am going to rephrase what you said with a little more
emphasis and see if you could say yes to this. Can you commit
to giving full and fair consideration to their concerns of the
direct selling industry, and what they have about these two
proposed rulings?
Mr. Meador. Absolutely.
Senator Curtis. Great. Thank you very much. I appreciate
that. And it is very important to these companies to get it
right and to be able to also just to have that audience to be
able to explain their perspective. Thank you.
Mr. Kratsios--if I pronounce that wrong, you are probably
used to that. I am sorry. Thank you for coming by my office.
The Director of Office of Science and Technology Policy will
have a seat on the President Trump's National Energy Dominance
Council. We talked about that.
What do you see as his role on this council, and how will
you leverage that role to push forward new energy technologies?
Mr. Kratsios. I think on that council, one of our primary
missions, I guess first and foremost, is to provide important
technological and scientific advice to the rest of the council
members.
I think what OSTP can also advocate for are new and
emerging ways--new and emerging technologies that can be used
in energy--achieving energy dominance. Things like small
modular reactors. And it is something that I look forward to,
if confirmed, building out a team to help support.
Senator Curtis. Excellent. And I would love you to come see
in person Utah's innovation in this field, and I think they are
doing some amazing things. If you get a chance, come see us in
Utah.
Mr. Kratsios. Thank you. I would love to.
Senator Curtis. Yes. The second question, when we met we
talked about, your interest is this intersection between
national security and technology. Unsurprisingly, our greatest
rival is China.
What would be the national security implications of China
leading in emerging technologies, and how would you advise the
President on the best policy approach to ensure the U.S.
leadership in these technologies?
Mr. Kratsios. I think first and foremost we have to make a
priority to drive U.S. leadership in these critical fields,
which I think the President has done.
The next step is actually being able to execute and bring
to bear the totality of the American innovation ecosystem,
which is the Federal Government, the private sector, and
academia working together to develop and--these new
technologies, both sort of from discovery all the way to
fielding them.
I think one area that is also very important is taking
technologies that have proven very successful and sort of
represent American dominance in the field--take, for example,
large language models--and actually making the step to apply
those to the critical national security missions that we have
at the DOD and in the IC.
It would be a shame if we are able to lead in these
technologies, but we are not actually fielding them in support
of the warfighter. So I think there is a lot of work to be done
both in maintaining our leadership and things like AI, but also
fielding those technologies in Government itself as well.
Senator Curtis. I appreciate that. Appreciate both of your
answers. Thank you, Mr. Chairman. I yield.
The Chairman. Thank you. Senator Lujan.
STATEMENT OF HON. BEN RAY LUJAN,
U.S. SENATOR FROM NEW MEXICO
Senator Lujan. Thank you, Mr. Chairman. And thank you both
for being here today. Mr. Meador, when we met in my office, we
discussed the importance of an independent FTC. Unfortunately,
the current Administration is undermining that independence by
refusing to defend the Supreme Court's 90-year-old decision in
Humphrey's Executor.
In that decision, the Supreme Court held that FTC
Commissioners and members of other bipartisan, independent
agencies can only be fired for a cause. My office sent over the
text of Humphrey's Executor letter to Congress from the Acting
Solicitor General, stating that the Administration will no
longer defend the Constitutionality of certain for cause
removal protections, and a statement from Chair Ferguson that
he agrees with the Acting Solicitor General's position. Did you
receive that information?
Mr. Meador. Thank you, sir. I received it late last night,
yes.
Senator Lujan. Did you have a chance to review them?
Mr. Meador. In brief, I did.
Senator Lujan. Appreciate that. Do you agree with the
Solicitor General's position?
Mr. Meador. So, Senator, thank you for bringing up this
important topic. I can't weigh in too much on the substance,
given that it is the subject of ongoing litigation involving
the FTC, but I think I can share some additional thoughts. I
agree with some of the scholarship of Justice Elena Kagan on
this.
She has written about Presidential Administration and made
the observation that direct Presidential control of Federal
agencies increases democratic accountability. I believe on
November 5, the American people give a very clear signal that
they want greater accountability in how the Federal Government
is administered, and that is what led to the election of
President Trump.
And I can commit that, if confirmed to this position, that
I will work to serve the American people and will do so by
advancing the agenda of the President that they elect.
Senator Lujan. Mr. Meador, can you repeat again why you
can't answer that question?
Mr. Meador. The underlying legal question, Senator, is
subject to ongoing litigation in which the FTC is involved. And
so, it wouldn't be appropriate for me to weigh in on that.
Senator Lujan. Appreciate that. So is it appropriate for
Mr. Ferguson to weigh in?
Mr. Meador. I would defer to Chairman Ferguson on that.
Senator Lujan. But you believe that you should not because
it is currently before the courts?
Mr. Meador. I believe----
Senator Lujan. And you stand strong behind that?
Mr. Meador. It is inappropriate for me as a nominee to
weigh in on pending litigation----
Senator Lujan. If you were an FTC Commissioner, would it be
appropriate for you to weigh in?
Mr. Meador. I would have to consult with the Office of
General Counsel. I expect they would likely reach a similar
conclusion, but I haven't asked them that question from the
standpoint of a confirmed Commissioner.
Senator Lujan. Mr. Chairman, you are a legal scholar. I am
not. I am a lay person. I think that that answers the question
resoundingly, and I very much appreciate that clarification.
Mr. Meador, if you are confirmed and the Supreme Court
overturns Humphrey's Executor, how are you going to maintain
your independence?
Mr. Meador. Senator, I view this question as having the
same answer, regardless of how the legal proceedings play out.
My understanding is that the President has nominated me to
serve the American people. And regardless of how the court
decides these matters, I will show up each day to serve the
American people by working to enforce the law fully and fairly.
Senator Lujan. Do you believe the FTC should be
independent?
Mr. Meador. Senator, I will defer to the courts, and
Congress, and the President on the resolution of that matter. I
view my job as a narrowly focused one on enforcing the law to
the best of my ability.
Senator Lujan. And it speaks for itself. The previous
Administration, the FTC with their work, with their mission
with PBM--I think that there was a question asked by Lisa Blunt
Rochester in this space. Will you commit to continuing the
important work of holding PBMs accountable with their
practices?
Mr. Meador. Thank you. Yes, as I mentioned for Senator
Blunt Rochester, this is a very important topic, and I am glad
to see the interest in it among the Committee members. If
confirmed, I can absolutely commit to ensuring we are enforcing
the competition laws across the entire health care space.
Senator Lujan. Last Congress, I pressed Merck CEO to ensure
that they wouldn't play patent games when the primary patent
for their cancer drug, KEYTRUDA, comes up.
He agreed that they wouldn't for the intravenous version of
the drug, but soon after it came out the subcutaneous version
of the drug, which you may be aware is between the skin and the
muscle--so it tries to get below all the skin, but right above
the muscle. A blatant example of the games companies play
called ``product hopping''.
What will you do at the FTC to address these uncompetitive
practices?
Mr. Meador. Thank you. This was a topic I had the--well, I
wouldn't say the fortune since we don't like to see anti-
competitive conduct, but I had the experience of working on
these matters as an attorney in the health care division.
And if confirmed, I will be working with that staff and the
other Commissioners very closely to ensure that we are
enforcing the law to its fullest extent.
Senator Lujan. Mr. Kratsios, yes or no, do you believe the
national labs are critical to our Nation's scientific research
and technological advancement, including supporting our
Nation's energy future and ensuring our national security?
Mr. Kratsios. I do. I have for many years has been a fierce
advocate of our DOE lab system.
Senator Lujan. Do you see a role for the national labs in
using AI for national security risk assessment?
Mr. Kratsios. I think the DOE already does that, and I
think they should continue to do that work.
Senator Lujan. You previously testified on the importance
of quantum as a key industry of the future. Do you support the
reauthorization of the National Quantum Initiative Act to help
advance American leadership in quantum?
Mr. Kratsios. I was a big advocate of the initial passage
of the bill, and I would love to work with this committee again
to see if we can get it reauthorized.
Senator Lujan. Appreciate that. Mr. Chairman, just a little
sidebar there. I remember asking a question about quantum
computing. It may have been in a SCIF.
And the individual that was presenting to us at the time
said that they should not answer the question on quantum
because it is classified. I then held up a copy of Fortune
Magazine, which that issue decided to cover quantum. So it is
just refreshing to be able to have that conversation in this
committee. I appreciate it, Mr. Chairman.
The Chairman. Well, and I agree that far too much is
classified that you can read in the newspaper. I will say also
to my friend from New Mexico who raised good questions, I do
not have any of the constraints the nominee has.
And so, I am happy to answer your question, which is that I
think Humphrey's Executor was wrongly decided and should be
overruled. As I read Article II, all Executive power is vested
in the President of the United States.
And I would note this is a similar exchange that this
committee had with Secretary Howard Lutnick, where some members
of the Committee were surprised that Secretary Lutnick,
appointed by President Trump, was going to work to implement
the President's agenda.
And I would suggest that is not a surprising thing. I would
expect President Trump's nominees to work to implement his
agenda, just as President Biden's nominees worked to implement
his agenda, as did President Obama's and every President we
have had.
And the beauty of our Constitutional structure is the
President is democratically accountable to the people. Senator
Hickenlooper.
STATEMENT OF HON. JOHN HICKENLOOPER,
U.S. SENATOR FROM COLORADO
Senator Hickenlooper. Thank you, Mr. Chair. Gentlemen, I
appreciate your commitment to working in the public interest.
Let me start off with Mr. Kratsios. In your role as Director of
OSTP, you will be responsible for working with various advisory
bodies, the President's Council on Advisors and Science and
Technology, PCAST, the National Science and Technology Council.
Obviously, I am--you know, in Maslow's hierarchy of
science, a geologist is near the bottom, but I am a scientist,
have published peer reviewed research, and I think it is
important that we make sure that science remains impartial,
objective, and nonpartisan.
So we need to make sure that our scientific enterprise is
examined, and reexamined, and continues to be modified to be
more successful in those essential needs of our country. If you
are confirmed, how do you commit to, or can you commit to
ensuring OSTP works with scientific community's voice? That the
scientific community is fairly represented, and their voice is
truly uplifted?
Mr. Kratsios. Yes, I--thank you for bringing that up. I
think to me, one of the most important goals that I even
mentioned in my opening statement was to ensure that the team
that we build at OSTP is representative of a wide variety of
scientists and technologists that support the important policy
priorities of the President.
So in any Administration, OSTP starts with very few people
on the team, and the next year is spent finding the best
scientists and technologists from across the interagency to
bring into the White House to work with the agency. So I commit
to doing that.
And I think it is critically important that any policy
processes around the White House is informed by high quality,
sound science. And that is something I look forward to bringing
to bear on, on what we do at the White House.
Senator Hickenlooper. Great. Well, that is something we
will support you on as it gets complicated, and as I am sure it
will. Mr. Meador, a national privacy law would require a great
amount of oversight to be able to hold businesses accountable.
Sometimes these are very large businesses with immense
capability.
State Attorneys General experience investigative teams that
cover a range of consumer protection laws. Do you believe it is
appropriate for State AGs to help the FTC enforce a Federal
privacy law, especially if that Federal law preempts State
laws? So why or why not?
Mr. Meador. Thank you, Senator. I believe that is
ultimately a decision for Congress to make, at the time that it
would pass a Federal privacy law to put structures in their
governing--coordination with State AGs.
I can say that on the antitrust side of FTC, there has been
very productive relationships between State AGs and the FTC.
And so, hopefully, you know, should Congress give the agency
additional powers in that area, we would see equally productive
relationships there.
Senator Hickenlooper. In terms of recognizing the immense
power of these very large companies and what we have seen with
social platforms and in many cases the lack of any ability of
Government to curtail some of the things we recognize are--I
mean, some of the deepfake pornography, that is one example
that comes up. How do you think we should be looking at AI on
that same--within that same context of being able to get the
market to have some balance?
Mr. Meador. Yes. That is an incredibly important topic that
I think is only going to increase in prominence in the coming
years. I think the first step is to view it through the lens of
our existing enforcement authorities. So the FTC has the
ability to police unfair and deceptive practices.
And we know that AI is already being used to turbocharge
many of those acts. And so, it would be incumbent upon the FTC
to keep a close eye on that activity, to make sure we are not
letting anything slip through the cracks.
And should we become aware of something that we are not
able to address with existing authorities, to consult with you
and other members of the Committee to make sure that that is
resolved.
Senator Hickenlooper. Right. And then the last thing we
talked a little bit in our office about the importance of
markets being balanced, how sometimes it is Government,
sometimes it is private industry, but everybody is trying to
distort markets when it is to their advantage.
Last week, FTC Chair Ferguson announced the agency will
maintain the 2023 joint merger guidelines with the DOJ, with
Department of Justice. And these guidelines--the guidelines
outline the criteria for the FTC to consider as it looks at
mergers and acquisitions.
You know, a lot of these decisions have direct effect on
the markets themselves. How can the FTC ensure we maintain fair
competition in markets as we keep a forward looking vision?
Mr. Meador. That is a great question. I really enjoyed our
conversation. I thought you made several excellent points about
the need to balance the prevention of anti-competitive conduct
with not going too far to burdening markets with too much
intervention.
And I think that has to remain at the forefront of every
enforcement decision that the FTC takes, looking to ensure that
they are actually improving the lives of consumers when they do
act, but not going so far as to micromanage the economy in any
area.
Senator Hickenlooper. I appreciate that. I yield back to
the Chair. Thank you.
The Chairman. Thank you. Senator Young.
STATEMENT OF HON. TODD YOUNG,
U.S. SENATOR FROM INDIANA
Senator Young. Thank you, Chairman. Congratulations to our
nominees. And I am very excited about your service and doing
some good together. Mr. Kratsios, thanks for taking some time
to visit with me a number of days ago.
And in that meeting, we discussed the critical importance
of emerging technologies to our national security and our
economic competitiveness. We discussed the CHIPS and Science
Act. You know that is important to me as the Republican co-lead
of that effort. I am still focused, as I indicated to you in
that meeting, on achieving through the CHIPS program office for
the reshoring and on shoring of our semiconductor manufacturing
base.
And you offered me reassurances about those efforts, should
you be confirmed. I just want to ask you to commit on the
record to honoring existing CHIPS agreements to ensure
stability for this growing industry as we work to further
implement this program?
Mr. Kratsios. The specific agreements, I will have to defer
to Secretary Lutnick in Commerce. But what I will certainly
commit to, if confirmed, is working very closely with the
Secretary and with a larger interagency on sort of the two
pronged goal of being able to reshore the critical fabrication
of high-end semiconductors to the United States. And part two,
creating the R&D ecosystem necessary to continue to be the
world leader in the design of these chips.
Senator Young. Great. And I trust that Secretary Lutnick
will be following Congressional directives and intent and look
forward to working with him on those efforts. You played a
role, Mr. Kratsios, a key role in AI policy in the first Trump
Administration.
I would expect in this different capacity, you will
continue to play an important role. You played a very important
role in the February 2019 Executive Order on maintaining
American leadership in AI. If confirmed, do you plan to build
on this work? And if so, in what way?
Mr. Kratsios. Absolutely. I think that was the first
Executive Order ever signed by a President on artificial
intelligence. That was signed by President Trump in February
2019.
I think the core crux of that Executive Order is the
necessity for a whole of Government approach to achieving
sustained American leadership in AI. We have to lead the world
in artificial intelligence R&D.
We have to lead the world in creating a regulatory
environment that allows our artificial intelligence companies
to grow and succeed in the U.S.. We have to create an
environment where our workforce can actually thrive and take
advantage of new technology.
And the last pillar is around international engagement of
how we can work with like-minded partners to ensure that U.S.
AI becomes a default AI of the world versus some of our
adversaries.
Senator Young. Thank you for that comprehensive answer. You
know, there is a welcomed and I think important emphasis by
certain incoming members of the Administration on making sure
that we don't unduly throttle innovation as it relates to AI
and that we encourage deployment. Can we better leverage
public-private partnerships in emerging technologies more
broadly to ensure that the U.S. remains a leader in innovation?
Mr. Kratsios. We can, Senator, yes. I think both in the
world of AI and in quantum, we have seen examples where AI
centers, both from NSF and DOE, have shown the opportunity
where the private sector can come in and work with academia and
Government together to do the important basic R&D, and then
ultimately be able to translate that into use cases for the
commercial sector. So I think we need to continue to look at
those opportunities and do more of that.
Senator Young. I will move on to biotechnology briefly. Mr.
Kratsios, I have chaired for the last roughly 18 months a
National Security Commission on Emerging Biotech. We will
produce our final report for Members of Congress in the next
couple of months.
And I have come to learn how important this technology will
be to our national security and our economic vigor for the next
generation and beyond. If confirmed, how will you ensure the
U.S. is prepared to take advantage of this key platform
technology?
Mr. Kratsios. Yes, similar to other emerging technologies,
the way that you can achieve U.S. leadership is through a whole
of Government approach that is able to leverage the strengths
of individual agencies and how they can plug in to the larger
strategy.
I think just like we have seen with AI and quantum, you
need coordination between agencies like DOE, the National
Science Foundation, and Commerce, and even agencies like DOD
that ultimately use this technology. And I think the same will
go with biotech.
Senator Young. More specifically, what role will our
ability to produce, gather, and put in readable format
biological data play in our staying ahead of the competition?
Mr. Kratsios. I think it is very critical. If we look at
some of the largest players in in China, I think their sole
mission is to hoover up as much of that as possible. And I
think the U.S. has been in a position to prioritize and think
about the value of this genetic data.
Senator Young. One final thing from Mr. Meador. Noncompete
reform has been a priority of mine. I think that non-
competition agreements are overbroad, they are over utilized,
and there are better instruments existing under labor law to
deal with the stated concerns of employers.
This is an impediment to upward mobility and so forth. I
think Ms. Khan acted illegally. The courts vindicated my view
as it relates to this policy issue, but I think on the
substance, directionally, they were headed in the right
direction.
Do you have any plans as it relates to noncompete reform?
And can you assure me that you will work with this committee if
you start to rulemaking in--as it pertains to this issue?
Mr. Meador. Yes, Senator. Thank you. I share your concerns
with regard to non-competes. I agree they have been overused
and abused. And I won't comment on the legal status of the
rulemaking since I know that is subject to litigation, but I
can say there is a lot more the FTC can do, including through
competition enforcement actions. I think that would be a good
next step for the agency to take, is to investigate how we can
use our traditional enforcement powers to address those harms.
Senator Young. Fantastic. I look forward to working with
you on that, should you be confirmed. Can we work together?
Mr. Meador. Absolutely.
Senator Young. Thank you, sir. Chairman.
The Chairman. Thank you. Ranking Member Cantwell.
Senator Cantwell. Thank you, Mr. Chairman. And thank you
again to both of the nominees, and your willingness to serve,
and your families. Kids have been camped out there in the ante
room having a good time, but they said that they can't wait to
hear you answer more questions, so.
[Laughter.]
Senator Cantwell. Mr. Meador, on 13(b)--you know, we have
had the FTC Commissioners before us. I almost think you could
almost get to a resolution before we could get to a resolution.
But you agree the importance of having 13(b) for consumers?
Mr. Meador. Yes, Senator. I think it is incredibly
important that the Federal Trade Commission have the ability to
return money to consumers who have been harmed.
Senator Cantwell. Right. So, do you have any thoughts about
how to come to an agreement on restoration of that authority?
Mr. Meador. I would defer to this committee and Congress as
a whole as to how best to navigate that. But if confirmed, I am
ready and willing to consult and assist with your office or any
others to figure out how we can make that happen as quickly as
possible.
Senator Cantwell. But you see that refunds are part of
that?
Mr. Meador. Yes. I believe when we have consumers who have
been harmed by unfair or deceptive practices, one of the best
things the FTC can do is get the money back to the consumers.
Senator Cantwell. So, but refunds writ large are a good way
of preventing anti-competitive behavior?
Mr. Meador. They can certainly be a tool, I think. You
know, everything is obviously fact specific. It depends on the
case. But if confirmed, I look forward to working with the
staff to examine what has been effective in the past and what
we would want to do in the future.
Senator Cantwell. OK. Thank you. And then I know you got a
question from one of my colleagues on PBMs, but Senator
Grassley and I have reintroduced our PBM bill that is about
outlawing spread pricing and clawback actions by PBMs. Do you
have thoughts about that?
Mr. Meador. I will tell you; I enjoyed working with Senator
Grassley staff in the Judiciary Committee on many of these same
issues. And if confirmed, I would really appreciate consulting
with your office and others to talk about what the best
Legislative solution could be in this industry.
Senator Cantwell. But do you think that that is--you know,
I like this anti-manipulation authority. I have given anti-
manipulation authority to the Federal Energy Regulatory
Commission. I gave it to the Commodities Futures Trading
Commission. They both have established a very aggressive
oversight of very anti-competitive and manipulative practices.
In fact, both agencies have gotten billions of dollars in
fines against companies. The FTC not--hasn't done so much here.
But Senator Grassley felt very specific about saying these
types of practices are illegal. You don't have any problem
saying that?
Mr. Meador. I would want to see the final report for the
6(b) study that is currently pending before the Commission. I
think that is the first step we have to take. I have been
looking at PBM since I was in law school, writing about them.
I am familiar with a lot of the concerns in the industry. I
also know things have changed a lot since then, so I think it
is important we understand what is happening in the marketplace
today, and then we will know what steps to take.
Senator Cantwell. Yes, well, there could be good actors who
basically do get you a discount. But if somebody goes to a
large employer and says, I will get you a 35 percent discount,
and then they pocket 30 percent of it at the PBM and only give
the company and the workers 5 percent, that doesn't seem like a
fair way to do business.
OK, I have to ask your seatmate there, Mr. Kratsios, about
technology. I am sure people talked about testbeds while I was
gone. You believe that that is a vital role that we play at the
Federal level when, you know, aviation, or quantum or, you
know, somebody can't do the scale at which an industry needs to
get an answer?
Mr. Kratsios. Yes. Testbeds have served a very important
purpose for a wide variety of technologies. NIST, for example,
has a lot of experience in building testbeds as well.
Senator Cantwell. And so, where do you fall--I love that
Senator Lee was here, as well as Senator Hagerty, because they
both--well, one comes from a very benefited DOE state and the
other one is chairing now the Energy Committee, and these are
initiatives oftentimes on the testbed side that are at DOE or
at NSF.
What are your thoughts about the President's NSF comments,
and how do you think these two agencies fill that role of doing
that testbed work?
Mr. Kratsios. I think both NSF and DOE have proven with the
CHIPS Act implementation, and with work that was done even
before that for both AI and quantum centers, there is great
opportunity to leverage those two agencies with their rich
history of funding and creating and organizing user facilities
to be places where a lot of these very important testbeds can
reside for their communities.
Senator Cantwell. So, you want to speak loudly about how
robust that is. Is that correct? Is that--I want to make sure I
get the characterization. I don't want to--you say this and
then we will find out, oh, yes, go ahead. Take a meat cleaver
to NSF.
Mr. Kratsios. I think it is critically important that
through an interagency process, that OSTP is able to relay the
importance of the scientific and technological community to the
larger discussion and ultimately to the decision of the
President. And I commit to bring to bear the science and
technology advice to those conversations.
Senator Cantwell. OK, that sounded more like a politician
than a science guy, but OK. What about spectrum? Do you think
that we could use a little testbeding on the spectrum
technology to help us really move ahead of our competitors here
and really get the solution for the future?
Mr. Kratsios. I do. I think it is important to do kind of
advanced spectrum testing. When I served as Acting
Undersecretary of Defense for Research and Engineering, we did
some work around 5G testbeds at some of our military bases.
And why that was sort of an interesting opportunity was
that some of the regulations around approvals for these types
of tests were much easier when they were done on military
facilities. So I think across all emerging technologies, I
think we have to be innovative and thoughtful on how to be able
to make sure that the U.S. is continually leading on these
technologies.
Senator Cantwell. Thank you. I will have more questions for
the record on that. Thank you. Thank you, Madam Chair.
STATEMENT OF HON. MARSHA BLACKBURN,
U.S. SENATOR FROM TENNESSEE
Senator Blackburn. Thank you, Senator Cantwell. And
welcome. We are delighted that you all are here, and
congratulations on your nominations. Mr. Kratsios, I know that
Senator Lujan asked you about the Quantum Initiative and
getting that back in gear. I want you, for the record, just
talk about what you can do in this position as--if confirmed,
to really advance quantum.
In Tennessee, this is something that is important.
Chattanooga and the electric powered board there, they are
working to commercialize the first open, available--
commercially available quantum network. So, I would love to
hear that from you.
Mr. Kratsios. Yes. So OSTP plays a special role in quantum,
and that is the home for the National Quantum Coordination
Office. And it is essentially the focal point for the larger
interagency on how sort of quantum policy is run for the
Federal Government.
I think for me, we have an incredible opportunity before us
in this Congress to reauthorize the National Quantum
Initiative. I think there is important work to be done on the
way that sort of a lot of the very great and vital basic
research that is done on quantum is ultimately translated into
things that can actually benefit the American people through
use cases. The other thing that I think we also need to
always----
Senator Blackburn. Testbeds for near-term applications?
Mr. Kratsios. Yes, testbeds are a great opportunity and a
place where that translation can happen. I think the closer
that we can get sort of commercial operators to the folks who
are doing the basic R&D and actually accelerating that lab to
market, I think is very important. And I think a lot of the
centers that have been set up both at NSF and at DOE can serve
that opportunity.
Senator Blackburn. Let me ask you about standard settings.
This is something Senator Warner and I have talked a good bit
about. We are concerned about China's aggression as--whether it
is the WRC or whether it is any number of other applications,
and we are trying to encourage U.S. leadership in that regard.
And is that on your radar? Are you watching that?
Mr. Kratsios. It is, yes. I think whenever I think of a
comprehensive strategy for emerging technology, how the U.S. is
able to posture globally to be the ones who will be the
standard setters in the standard setting process is important.
In the 2019 Executive Order, the President called on NIST
to drive these types of standards setting initiatives on AI
globally. And I think the same important work can and should be
done in quantum.
Senator Blackburn. OK. And hypersonics? You know, in
Tennessee, we have got the only place where hypersonic testing
can be done. And we know Russia and China, North Korea is
over--meddling with hypersonic technology. So is--tell me what
you are looking at there.
Mr. Kratsios. Yes. So hypersonics are a critical technology
that the DOD and the U.S. must lead on. In the first Trump
Administration, a very large--a policy decision was made to
refocus a big and significant portion of the research
engineering budget toward hypersonics efforts, and I think
those continue. And I think it is incumbent on sort of our
larger defense tech ecosystem to continue to drive on
hypersonics.
Senator Blackburn. OK. And Mr. Meador, we look forward to
seeing you go to the FTC. The BOTS Act is something that was
passed in 2016, and the FTC has taken up only one case in the
BOTS Act. Enforcement on that is necessary. It is important to
our Tennessee entertainers, and indeed anybody with a live
venue. So have you looked at that issue?
Mr. Meador. Somewhat yes, Senator. I think it is incredibly
important. I have been active in the ticketing space and
ensuring that we have competitive markets that are free from
interference by unfair and deceptive practices. And so, if
confirmed, I look forward to working with the Commission and
staff to make sure we enforce that law fully.
Senator Blackburn. OK. And children in the virtual space.
We have got some young attendees here today. And of course,
protecting children in the virtual space is terribly important.
The Kids Online Safety Act, we have tried to get that passed
very--we have done well within the Senate.
We are working with our friends over in the House who just
couldn't seem to get there to protect kids. So I would hope
that you will work with us as we try to get this legislation
passed and on the books.
Mr. Meador. Yes, Senator. I care personally very much about
this topic, and I would be happy to be a resource and work with
your office.
Senator Blackburn. Absolutely. Well, congratulations. We
appreciate that you all are here. Senator Markey, you are
recognized for five minutes.
STATEMENT OF HON. EDWARD MARKEY,
U.S. SENATOR FROM MASSACHUSETTS
Senator Markey. Thank you, Madam Chair, very much. In 1998,
I authored the Children's Online Privacy Protection Act, which
is still the only Federal privacy legislation to protect young
people online. Mr. Meador, in our meeting yesterday, you
acknowledged that you were not that familiar with COPPA. If
confirmed, can you commit to quickly getting up to speed on
that law?
Mr. Meador. Yes, Senator, I look forward to it.
Senator Markey. And if confirmed, will you commit to
strictly enforcing the Federal Trade Commission's COPPA rules?
Mr. Meador. Yes, Senator. I think it is important for the
FTC to strictly enforce all the authorities Congress has given
it.
Senator Markey. Thank you. And while the original COPPA has
been a major success, it is past time we updated COPPA's
protections to account for new predatory practices online.
According to the Centers for Disease Control and Prevention, in
2023, 1 in 4 teenage girls seriously considered suicide, 1 in 8
teenage girls attempted suicide, and 1 in 5 LGBTQ youth high
school students attempted suicide.
And that is why for over a decade, I have been fighting to
modernize COPPA to protect teenagers from targeted ads that
promote content related to eating disorders, amongst other
things. Mr. Meador, do you agree that Congress should protect
children and teens' online privacy?
Mr. Meador. Senator, I think protecting children is one of
the most important missions for both the FTC and Congress and
would love to work with your office on that.
Senator Markey. And I am glad to hear that because we do
need to address the pervasive tracking and targeting of young
people, and we do need COPPA 2.0 to become the law in the
country.
Now, I want to turn to the baseless claim that big tech has
unfairly censored conservatives. Mr. Meador, when we met
yesterday, you said that you needed to learn more information
about the issue and would follow the facts.
But when Chairman Cruz asked earlier this morning whether
you agree that ``big tech censorship poses the greatest threat
to free speech and free and fair elections in this country,''
you said you agreed.
So that answer is inconsistent with our conversation
yesterday. So let's be completely clear. Do you believe the big
tech has censored conservative speech?
Mr. Meador. Senator, thank you for that question. So I
would make a distinction between sharing the concern about the
behavior of big tech and how they conduct their online
platforms, and whether or not that conduct amounts to a
specific violation of the FTC Act.
And so, when we were speaking yesterday, that is how I view
that discussion, is how would I look at the question of whether
any specific action by an online platform violates one of the
provisions of the FTC Act. That is something that I don't want
to prejudge. I would have to look at it at a fact, case by case
basis, comparing the facts to the law.
I am glad that the FTC has taken the first step to start
collecting that information so we can assess that important
question, but I do share the overarching concern about how
content moderation has been implemented by many online
platforms.
Senator Markey. Well, again, that is not the answer, in my
opinion, that you gave to Senator Cruz today. Last week, the
Federal Trade Commission began collecting comments on whether
the platforms have censored users based on their speech, and
this action is clearly designed to intimidate the platforms to
adopt speech policies that promote conservatives. Mr. Meador,
is it the FTC's responsibility to ensure that the platform's
content moderation rules support conservative viewpoints?
Mr. Meador. Senator, I believe it is the FTC's
responsibility solely to enforce the laws that Congress has
given it.
Senator Markey. OK. Well, many people like myself strongly
believe that the platforms did not improperly censor
conservatives. In fact, a peer reviewed study from last year
found that while conservatives were suspended more often on
Twitter, they were also much more likely to share
misinformation. Madam Chair, I would like to include that study
in the record.
Senator Blackburn. Without objection.
[The information referred to follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Markey. Mr. Meador, will you commit to objectively
following the facts in any of these conspiratorial fishing
expeditions into censorship of conservatives?
Mr. Meador. Senator, I commit to fairly looking at the
facts in every case that would come before me if I am confirmed
as a Commissioner.
Senator Markey. Well, again, I remain deeply concerned
because your comments earlier today suggest that you have
already come to a conclusion on this issue. Chairman Ferguson
has made similar comments.
Mr. Meador, if the FTC career staff conclude that no
further investigation or enforcement action is warranted
against the big tech platforms for supposedly censoring
conservatives, will you commit to following that
recommendation?
Mr. Meador. Senator, I can commit to closely examining the
evidence collected by staff, along with their recommendations,
and consulting with my fellow Commissioners, if confirmed, to
ensure that we are reaching the right decision based on the
facts and the law.
Senator Markey. Well, that is deeply disappointing because
in my opinion, you know, objectively looking at it, the staff
will come to a conclusion that there has been no censorship.
But my fear is, of course, is that President Trump is clearly
trying to turn the FTC into the Federal Truth Commission. And I
think that is going to be very, very damaging to our country.
So I am going to be watching very closely. And I thank you, Mr.
Chairman, for this time.
The Chairman. Thank you. Senator Schmitt.
STATEMENT OF HON. ERIC SCHMITT,
U.S. SENATOR FROM MISSOURI
Senator Schmitt. Well, it is interesting because as
Attorney General of Missouri, I followed the Missouri v. Biden
lawsuit that uncovered the vast censorship enterprise. The idea
that there wasn't censorship is nonsense, total nonsense.
We saw the weaponization of the whole of Government against
political opponents because they dared to dispute the efficacy
of masks or had concerns about the vaccine. The idea that there
wasn't censorship does a real disservice.
I think the worst abuse of the First Amendment we have ever
seen in the United States of America. So I hope, I hope you
continue to look at this, because I think we have just
scratched the surface. And it is--the idea that the Federal
Truth Commission--how about the Disinformation Governance Board
that was established under President Biden?
This is Orwellian stuff. So the FTC is right. I think glad
that the leadership has been shown to sort of open up and find
out what other examples exist, because there is no way we are
effectively going to deal with this until we admit that there
was a problem.
And my friend from the other side who just made the
statement is just totally ignorant of the facts. And by the
way, who decides the truth like the Government doesn't. People
get to decide that. You only get to do that in a free and open
society where people are--have the ability to speak their
minds. And so, I guess, Mr. Meador, I want to ask you this
question then I guess. What other steps can be done to ensure
that people can speak their minds?
I know--we have talked about the coordination between the
Government and big tech. That is certainly a thing because that
is a direct violation of the First Amendment. But I know that
you have got a couple of different buckets, whether it is
violating terms of service or violating the core tenants of
Section 230 protections. What is sort of--how do you view this
in the role the FTC has?
Mr. Meador. Thank you, Senator. So, I think there are two
avenues through which the FTC could potentially address this
kind of conduct. There is the antitrust laws. So if you have
competitors colluding on content moderation standards, that
could potentially amount to a violation of the antitrust laws.
And on the consumer protection side, if the application of
terms of service or other promises made by a platform end up
being deceptive in some way to consumers, you could potentially
have a concern there under the FTC Act.
Senator Schmitt. And I think when Europe is really messed
up on AI as it has been overregulated and it is--they are sort
of pushing a political bias, which has, I think, demolished
Europe's chances at being a leader in this, which I guess that
is good for us.
But how do we avoid that? How do we avoid woke AI? How do
we avoid black George Washington? Like what do we do to make
sure that this doesn't become the next frontier for this level
of censorship, with quantum chips fueling it?
Mr. Meador. Yes. Here, I think the best thing the FTC can
do within its remit is to fully enforce the competition laws to
ensure that markets are not unduly concentrated or dominated by
a single actor and that consumers have choice.
Ultimately, I think we can trust that the market will work
if we give it a chance, but that means we have to maintain
competition so that consumers can take their business elsewhere
if they are unhappy with the services they have received.
Senator Schmitt. Thank you. Mr. Kratsios, thank you for
your willingness to serve as well. Highly qualified. I have
respected you for years. We have gotten to know each other. The
President has announced a national initiative to drive
innovation, like the American AI Initiative.
David Sacks is a great pick to be helping with a lot of
this stuff in the National Quantum Initiative. How do you view
your role in making sure those programs are successful--those
initiatives are successful?
Mr. Kratsios. Yes. The Office of Science Technology Policy
has the role in the White House to coordinate these efforts
across the Federal Government.
So whether you are driving a national strategy on
artificial intelligence or on quantum information science, all
the wide variety of agencies that all have a very important
role to play, from basic research funding at the National
Science Foundation, to more applications work at some of our
DOE labs, to some standards related work at NIST.
And where OSTP plays a more critical role is being the
convener and the coordinator for these efforts across the
Government. And that is what we did in the--in 45 with a
variety of emerging techs, and we hope to do again in 47.
Senator Schmitt. What do you think the biggest challenge is
right now for the United States to be the leader--and AI gets
thrown around, you know, sort of broadly, but to be the leader
in kind of innovation? And, you know, obviously DeepSeek is a
wakeup call. I mean, there is no way they did it for $6
million.
But the fact is, I think our assumptions about how far
ahead we were, have been shattered to some degree, right. So
this is a very serious race we have with China. What do you
think our biggest obstacle is to continue to be the leader?
Mr. Kratsios. I think our biggest obstacle is effectively
pursuing a promote and protect strategy. So you can have an
institute, a set of export controls, for example, around high
end chips, but if you are not successfully enforcing those
export controls and not actually limiting the access of bad
actors in the PRC from accessing those chips, you are not
actually protecting well.
And the same goes on the promote side. You can encourage
the, you know, research and development, and translational
research in these emerging tech fields, but if you are not
effectively allocating those dollars to the biggest and hardest
problems in those fields, you are not actually moving the ball
forward.
So I think the strategy is there. I think you just have to
effectively execute on the two sides of that coin to promote
and protect.
Senator Schmitt. Thank you. Thank you, Mr. Chairman.
The Chairman. Thank you. Senator Klobuchar.
STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA
Senator Klobuchar. Thank you very much. Thank you.
Congratulations to both of you. I think I will just start with
one question of you, Mr. Kratsios. In your testimony, you
mentioned helping to double R&D spending during President
Trump's first Administration.
You have already seen this Administration's attempt to gut
funding from many important research agencies, including NIH.
If confirmed, will you commit to funding research and
development at levels authorized by Congress?
Mr. Kratsios. I will have to coordinate with the President
and with OMB obviously on budgets, but my commitment is to
bring to the table and bring to those conversations the
importance of research and development in these emerging
technologies.
Senator Klobuchar. Right. Do you agree that domestic
semiconductor production should continue to be a priority for
the U.S.?
Mr. Kratsios. Absolutely. We have to be able to produce
high-end chips here in the U.S.
Senator Klobuchar. Excellent. Thank you. Mr. Meador, I
worked closely with you, with my staff I know did on antitrust
and competition issues during your time in Senator Lee's
office. And I hope, if confirmed, you will continue to work in
a bipartisan manner as you did there.
Today, the Commission is litigating antitrust cases against
Meta, Amazon, John Deere, a pesticide manufacturer, a medical
provider, many others. Will you commit to continuing to
prosecute the antitrust cases currently at the Commission, and
to pursue remedies that will protect consumers from anti-
competitive conduct?
Mr. Meador. Thank you, Senator. It's good to see you again.
Senator Klobuchar. Yes.
Mr. Meador. So, while I can't commit to any specific
action, obviously I share the concerns that the agency is
seeking to address. I think it has a lot of important work on
its docket, and I can commit to taking that very seriously, if
confirmed, to ensure we are doing everything we can to enforce
the law.
Senator Klobuchar. Thank you. Appreciate that. You have
written that, ``It's long past time for our government to
finish what they've started, break up Live Nation-Ticketmaster,
and bring real competition back to the live event ecosystem.''
While you worked for Senator Lee, I teamed up with him, as
you know, to hold a rather memorable hearing. Senator Cruz was
there in Judiciary on Live Nation-Ticketmaster's monopoly over
venues, artists promotion, and online ticketing.
While the Justice Department, I know you are aware of this,
is litigating that case, can you elaborate why it is so
important to take on monopolies like Live Nation, Ticketmaster,
and how will that experience help you at the FTC?
Mr. Meador. Absolutely. So, in that case, we have an
industry that has many parts in sort of a vertical chain. And
what we have seen is that combining all of them into one firm
has allowed them to engage in what is called foreclosure in
many instances.
So when one company controls both the primary ticketing
service that artists use and venues use, as well as the actual
venues themselves, it gives them the ability to lock up the
entire industry, which ultimately raises prices for consumers,
reduces the quality of their experience at these events,
deprives artists of the money that they would have otherwise
earned, and it just leads to a worse ecosystem overall.
And so, if confirmed to this position, I would take those
concerns from that industry and be on the lookout for similar
situations in other industries to make sure that if one firm is
seeking to dominate an entire industry, it is not doing so to
the detriment of consumers.
Senator Klobuchar. OK. Very good. FTC independence, I know
that Senator Lujan asked you some questions along these lines,
but do you agree that the sole focus of the FTC should be to
protect consumers from unfair methods of competition and
deceptive practices, which is clearly in their act setting them
up, without concern for political pressures from the White
House?
Mr. Meador. Yes, with the one caveat that we have about 80
statutes we enforce total. And so, I would----
[technical problems].
Senator Klobuchar. That is what I thought. Actually, as I
asked the question, I thought that might be a very smart answer
on your behalf. As you know, I worked with Senator Grassley to
update corporate merger fees for the first time in 20 years to
give our antitrust agencies more resources to hire attorneys
and economists.
And Senator Lee and I coordinated on his bill on the tech
cases, allowing the State AGs to keep them in their
jurisdictions, which was a Lee, Klobuchar bill. Thank you. As
well as this bill that I had with Grassley, and both passed.
Do you agree that to take on some of the biggest companies
in the history of the world, that the FTC must be funded and
staffed with the best people possible?
Mr. Meador. Yes, Senator. I think it is obviously important
for the FTC to have everything it needs. And I was honored to
work with your office on that legislation and create the
possibility of antitrust enforcement that is self-funded
without burdening taxpayers.
Senator Klobuchar. OK. How will you work with State AGs--
there is a lot of action going on in the states right now--to
enforce antitrust and consumer protection laws?
Mr. Meador. I think that is one of the unique things about
American antitrust that I really appreciate is the multiple
levels of enforcement that we have, including private suits,
Federal suits, but also State AGs. And I know the FTC has a
long history of working productively with State AGs, and if
confirmed, I would look forward to continuing those
relationships.
Senator Klobuchar. All right. Thank you. I want to thank
both of you for actually answering the questions and doing it
in a short period of time and not filibustering. So, that was
actually miraculous. Thank you. And if we have any other
questions, I will put them on the record. Thanks.
The Chairman. Thank you. Senator Moreno.
STATEMENT OF HON. BERNIE MORENO,
U.S. SENATOR FROM OHIO
Senator Moreno. Thank you, Mr. Chair----
The Chairman. [Technical problems]--chance for a
filibuster.
[Laughter.]
Senator Moreno. Thank you. I am new. I haven't quite
learned the skills of just talking endlessly about nothing, but
I am sure it will come naturally as time goes on. In that vein,
Mister----
The Chairman. Given that you sold cars, I don't believe
you.
[Laughter.]
Senator Moreno. Well, you know what--you know what----
Senator Klobuchar. Well, I did not say that.
Senator Moreno. I was trying to improve my life status from
car dealer, and I went backward--politician. If I get my law
degree, I am toast.
[Laughter.]
Senator Moreno. But anyway, Mr. Meador, back to you, who is
a lawyer, so I mean that the nicest way possible. Thank you for
agreeing to serve again in this Administration. How--if you
were to describe this--your job to a 13 year old, is that
right? How would you describe your job?
Mr. Meador. Senator, I believe my job is to make the lives
of American families better. And that is primarily through
protecting the markets that they rely upon to put food on the
table, to get health care for their children, and just to go
about their daily business.
And that includes competitive markets so that they have
options that are affordable and high quality, and that in the
midst of trying to provide for their families, they aren't
deprived of their wealth or security through scams and other
fraudulent behavior.
Senator Moreno. And as you think about this job that you
are about to undertake, what would be your top one or two
priorities?
Mr. Meador. Senator, I am focused on the sort of the
kitchen table issues. Again, going to those things that affect
the average person on a daily basis, making sure that they
have, you know, competitive markets that provide affordable
housing, energy, health care, food. All of those, I think
should be top of mind for the FTC.
Senator Moreno. That is right. And having your fellow
Commissioners here to support you shows that the agency really
should be free of politics and should be somebody that does the
right thing. So I appreciate your willingness to serve. Mr.
Kratsios, I appreciate you being here and your willingness to
serve. I also applaud your parents being here.
As you know, I am a first generation immigrant myself from
Columbia, South America. So we know the Spanish Empire was the
greatest empire, not the Greek Empire. But I appreciate you
being here. I am sure your parents are extremely proud of you
serving once and now doing it again.
I just want to remind my Democrat colleagues that you were
unanimously confirmed, and to keep that in mind despite their
tendencies to want to be partisan. You are taking on a big job,
report directly to the President of the United States.
It will be great to have a President of United States who
understands artificial intelligence, and not somebody who
actually needed it injected into his brain. So that is a step
up from the previous Administration. And in the previous
Administration, the person who had your job talked a lot about
electrifying America.
What is your thoughts on this idea that everybody should
have electric stoves, everybody should have electric cars, and
there is only one-size-fits-all? Is that based on science in
your mind?
Mr. Kratsios. I think to solve the energy problems of this
country, we have to take an all the above energy approach. And
electricity is obviously one part of it, but there is a whole
lot more there. And I look forward to working with the
President's Energy Dominance Council to make sure that is a
reality.
Senator Moreno. So forcing everybody to drive electric
cars, even though they don't want it, seems like probably not
science-based or practical.
Mr. Kratsios. No, the Government should not be forcing
anyone to drive a particular type of vehicle.
Senator Moreno. That is good to hear in California. Maybe
they haven't quite heard that memo. But speaking of California,
objectively a pretty state run by terrible people, would you
think that California should set standards for the rest of the
country? Meaning, do you think it is up to California to decide
what kind of cars people in Ohio should buy?
Mr. Kratsios. I am not very familiar with how the policy
around that works, but I think in principle that probably is
something that should be looked at and more carefully.
Senator Moreno. Yes. I would think my colleagues would want
to have the Federal Government set even standards for the
entire country and not have one state or another. That makes
sense, right? We do regulate interstate commerce here in the
Federal Government. Does that make sense to you?
Mr. Kratsios. Yes, and we have seen that in the technology
policy domain around issues like privacy. When if there is an
inability to create a Federal privacy law, you end up having a
patchwork sort of created by states and that that ultimately
is--doesn't do the best thing for industry or for consumers.
Senator Moreno. And do you think it is also important that
business gets certainty for a long--as long a horizon as
humanly possible and not think about a policy that lasts for a
year or two or three or four, but rather over maybe a decade?
Mr. Kratsios. Yes. I think regulatory certainly certainty
is a big driver on encouraging investment, particularly in
science and technology. So, I do believe that, yes.
Senator Moreno. And we should be--I think you would agree,
we should be the leaders. I mean, this is the country that
innovation is born here. That we should be the leaders not only
in artificial intelligence, quantum computing, blockchain
technology, the technology--human machine interaction. These
are all the things that are ahead of us. And what--how do you
see Government's role in that? Like where do you see
philosophically the role of the Government making that happen?
Mr. Kratsios. Yes. So I think the Government plays
essentially I think a role in four categories. The first is on
early stage basic competitive R&D. So this is investing Federal
dollars in areas where the private sector is not incentivized
to do yet.
And we have been doing that for 50 or 60 years. We need to
keep doing that. The second piece is around regulations. And
the way I usually think about it is removing barriers to
innovation.
So finding ways that you can actually unlock the potential
of these technologies and allow them to flourish, and not have
regulation get--kind of get in the way. The fourth is through--
the fourth is through workforce programs.
So it is critical that both we have individuals who are
able to actually become the next great scientists and
technologists to make these discoveries, and also prepare
American workers to wield these technologies in their daily
life.
And the fourth is around international engagement. We as a
Government need to make sure that we are partnering with our
allies on using these technologies globally and pushing back on
actions like the ones that the CCP take to try to push their
technology globally.
Senator Moreno. Well, that is a fantastic answer. Great
job. Look forward to having both of you unanimously confirmed,
getting you in office, and most importantly, having you visit
the greatest state in America, Ohio.
The Chairman. Senator Kim.
STATEMENT OF HON. ANDY KIM,
U.S. SENATOR FROM NEW JERSEY
Senator Kim. Yes. Thank you, Chair. Mr. Meador, I think I
would like to start with you just to be able to build on some
of the conversation that has happened here. FTC has a
particular structure in terms of its leadership. It is one that
has bipartisan tradition in that way. I guess I just wanted to
ask you, do you see benefit in that type of structure and that
type of bipartisan nature of the FTC?
Mr. Meador. Thank you, Senator. Yes, my experience both as
an attorney at FTC and as a practitioner appearing before it is
that the consensus building that took place at FTC always made
its enforcement action stronger.
Senator Kim. You know, I guess I just kind of raised that
because, you know, I know there was some talk about the
independence of FTC and why I think it is so important that we
ensure that because, you know, there is a sense of credibility,
right.
Like, I would imagine you believe that for FTC, for its
rulings to be considered, for it to have the kind of resonnance
with the American people about a sense of fairness, that
credibility is critical for FTC to be able to function, is that
right?
Mr. Meador. Absolutely, Senator.
Senator Kim. Yes. So I just--as we kind of proceed on
this--you know, I know there is lots of politics swirling
around, but you and I had a really good conversation talking
through some critical issues, like for instance about the role
of FTC when it comes to big tech.
And I would believe that for FTC to make decisions that are
potentially going to be controversial around big tech, it is
important, right, that it be seen as being done from a sense of
what is right for the American people and a sense of fairness,
rather than something that is political or something that is
associated with a political donor or a special interest group.
Is that right?
Mr. Meador. So, Senator, the way I would view my job if
confirmed is to show up each day working to serve the American
people and enforcing the law the way that it has been written.
And while I can't speak for the other Commissioners, I am
confident that they share that view as well.
Senator Kim. I hope so. And I think that that is something
that--again, you know, for the majority of people watching, I
mean, I talk to people in new Jersey about this, they don't
necessarily fully understand the debate about independence of
different agencies. You know, I think that is much more of a
D.C., you know, world view in that way.
But they do understand fairness, and they do understand a
sense of whether or not their interests are being put forward.
So I ask, you know, if you are confirmed that you keep that in
mind, you know, about this.
And if the FTC loses that sense of credibility, if it is
seen as a political entity that is carrying out actions based
off of whoever, which party is in control, I do think that it
just very much will undermine the capacity for the FTC to be
able to engage.
Mr. Kratsios, I wanted to ask you some questions here. You
know, I heard you speak on this from a different--a couple
different angles, but I guess I just wanted to ask kind of
directly. Do you think we as a nation are spending enough on
basic science research?
Mr. Kratsios. I think over the years since I guess the
1950s and since sort of NSF was initially created, the amount
of federally funded R&D has continued to generally increase,
and I think has been critically important to the way that we
have been able to sort of make these discoveries.
I think what has changed a lot over the years is the
contribution that the private sector makes to the larger R&D
ecosystem. I think right around the time of World War II, the
percentage of R&D that the Federal Government was funding was
more than 50 percent, and that has changed dramatically.
And I think that is actually a good thing for the country.
We are actually seeing some of the greatest innovations coming
from the private sector.
Senator Kim. But do you think that just overall spending,
not just Government spending, but private sector included,
academia. Like, where are we? You know, I keep hearing a lot
about China increasing their basic science research funding
upwards of double digits. We are obviously not keeping pace
with that trajectory. Does that concern you in terms of overall
spending?
Mr. Kratsios. I think as someone who is deeply obsessed
with American leadership in science and technology, I do
believe that as an economy, continuing to invest in this
critical R&D kind of across the board is beneficial to the
country.
Senator Kim. So right now, the foundation of it, as you
said Government, private sector--sort of the largest amount
Government has been decreased in terms of total percentage. I
think it is right around 40 percent Government funding right
now, 37 percent private sector.
Does that seem fair to you? Is that sort of a right level?
I am trying to think through and understand your calibration
here in terms of what you would like to see and whether or not
you think the private sector should take over more of what the
Government does when it comes to basic science research?
Mr. Kratsios. Yes. I think what is amazing about the U.S.
ecosystem is that a lot of these changes are driven by what I
spoke about in my opening statement, this free market approach
to scientific discovery in the U.S.
I think the challenges and I think the problems with a sort
of authoritarian or CCP type approach to science funding is
that you end up having over allocation to the wrong things and
under allocation to the right things. And thinking that, you
know, you can sort of be God for the day and make sure that you
allocate things to the right places I think is a mistake.
I think in the U.S., the reason why we do have the greatest
chips, and the greatest algorithms in the world, and various
applications in the world is because we go back to that free
market approach to innovation.
Senator Kim. I don't discount that. And I will yield back
to the Chair in a second. But, you know, when you listen
through in your opening statement, splitting the atom and
getting a man to the moon, you know, the transistor and the
creation of the microchips.
I mean, so much of that was based off of Government
research funding or Government acquisition with microchips
early on. So I just say, look, you know, there is certainly
models in that direction, but I do think that we need to be
careful about moving too much toward one that is just solely
based off of profitability. With that, I yield back.
The Chairman. Thank you. Senator Peters.
STATEMENT OF HON. GARY PETERS,
U.S. SENATOR FROM MICHIGAN
Senator Peters. [Technical problems]--Mr. Chairman. And
congratulations both of you in your nominations. Mr. Meador,
you know, regardless of your own accomplishments and
qualifications, I want to follow up on a question that Senator
Kim asked and that deals with the independence of the
Commission, because I am deeply concerned that the situation
that you are entering into if confirmed in this position.
From my viewpoint, the FTC appears to be at the center of a
broader effort by President Trump to further consolidate his
own power and disrupt literally nearly a century of precedent
regarding the role of independent Executive Branch agencies.
So my question for you is pretty straightforward following
up on Senator Kim's comments. Do you agree with the DOJ's
position announced earlier this month that it now believes that
for cause removal protections applicable to independent
Commissions are unconstitutional?
Mr. Meador. Thank you, Senator. So I will defer to the
Department of Justice and the White House on the legal
positions. FTC is involved in litigation involving this
question right now as well, that it would be inappropriate for
me to comment on. What I can speak to are my own intentions,
should I be confirmed, which is to show up each day to enforce
the law, to serve the American people without fear or favor
with respect to any party.
Senator Peters. So, if confirmed, and a motion comes up
after your confirmation that aligns the FTC position on the
matter that the Trump Administration, which is trying to
basically neuter the independent status of these agencies, what
side would you fall on?
Mr. Meador. Senator, I wouldn't be able to commit to how I
would vote on any matter that might come before me as a
Commissioner.
Senator Peters. Well, you know, I am still very concerned
about what is happening here. And I would hope Commissioners
understand the importance of independence, something that has
been happening for many, many years--decades.
That this is a dangerous course. I know it is part of this
unitary Executive philosophy. Folks want to know what a unitary
Executive is, think of Putin, for example. That is a unitary
Executive. That is the direction that we are going
unfortunately.
Mr. Kratsios, you previously worked on President Trump's AI
Executive Order in 2020, which among other things, required
agencies to publish AI use cases and ensured that agencies
protected privacy, civil rights, as well as civil liberties.
So my question for you is, do you still agree with that
Trump Executive Order that agencies should publish use case
inventories that use their AI uses to protect privacy, civil
rights, as well as civil liberties?
Mr. Kratsios. I do believe that the AI inventories that
were started under the first Trump Administration are very
important, and the Biden inspiration continued those. For both
the White House, and more broadly for other agencies, the
American people to see what these use cases are and how the
Government is using AI I think is very valuable.
I think one tweak or something to think about with those is
that AI is becoming more and more pervasive across everything
that we do as Americans, and everything that individual people
and civil servants do across Government.
So I think maybe one way to--a more valuable sort of list
going forward, maybe some categorization of high impact use
cases, so you are not inundated with, you know, the next
Copilot that is being used in a browser, for example.
Senator Peters. Certainly that all those should be
protected, but obviously there are different risk levels. So is
what you are saying, make sure that we have category of risk
levels? The risk of autonomous lethal weapon system is a whole
lot different than a predictive maintenance for trucks. Is that
what you are referring to?
Mr. Kratsios. I am, yes. And I think for the purposes of
these inventories, I think impact is probably a better cut than
risk. I think to me, I like impact, of how is this particular
AI application making a difference in the way that an agency is
providing its services to citizens.
Senator Peters. I am also concerned about the brain drain
that is occurring in Federal science agencies. The so-called
Department of Government Efficiency has fired, as you know,
broad swaths of workers without--not on the basis of poor
performance, basically indiscriminately, and sometimes without
even knowing what those workers were responsible for--in the
case of workers that were overseeing the nuclear arsenal, for
example.
These firings included scientists and experts at NASA, the
National Science Foundation, the National Institutes of Health,
and the National Institutes for Standards and Technology, or
NIST. DOGE has also created a workplace environment where issue
area experts are essentially being harassed with the explicit
goal of getting them to resign.
This environment is not conducive to ensuring the
Government can retain the top talent in science fields, which
is essential for our competitive advantage, which we need for
AI, and space exploration, and manufacturing, et cetera.
So my question for you, sir, is do you agree that it is
essential to retain top science and technology talent in the
Federal Government to further success of the United States? And
if so, how would you advise the President to reverse course in
these policies that are actually having these folks with very
specialized and important talent being fired?
Mr. Kratsios. I do believe that it is important for all of
our science and technology agencies to have high skilled,
technical and scientific folks there to do the very important
work for American people. I also think it is entirely
reasonable for a new President to be able to evaluate the team
that he has on the field across his agencies, and sort of make
the necessary changes to ensure that he can achieve the goals
that he campaigned on and won.
Senator Peters. Well, the key word there is to evaluate.
There is no evidence that there was any evaluation going on. It
was indiscriminate across the board. In fact, the thing that
really caught me is that because it is probationary employees
that are new ones, there was basically people who were
promoted.
So they were outstanding performers. They got promoted to a
different job, and now that is probationary. So we actually
fired people who just got promoted because of their outstanding
work.
Congratulations, you did a great job. You are now fired. I
don't think that works in any business. I hope that you would
step up and say that doesn't work in the science enterprise as
well. Yes or no?
Mr. Kratsios. Oh, thank--yes, if I am involved in any of
this in the future, I certainly will bring to bear important--
the importance of science and technological advice at all of
these agencies.
Senator Peters. Very good.
The Chairman. OK. I am now going to recognize Senator
Rosen. And I am going to entrust the gavel to Senator Rosen
while I run to vote. And I am going to have trust and
confidence that in my absence, she is not going to seek
unanimous consent to dissolve the White House, or the
Department of Commerce, or something else.
STATEMENT OF HON. JACKY ROSEN,
U.S. SENATOR FROM NEVADA
Senator Rosen. I will not. Maybe I will just declare my
birthday a holiday or something.
The Chairman. There you go. Knock yourself out.
[Laughter.]
Senator Rosen. Thank you, Mr. Chairman. And thank you for
the nominees, your families, for being here today, for your
willingness to serve. I am going to talk a little bit about
consumer prices, because over the past several years, Americans
have seen skyrocketing prices for everything from groceries to
housing.
And in many sectors, consolidation, of course, has led to
higher costs, less competition, and often no choice for
consumers of where to shop. And that is why last year I pushed
the FTC to sue to block the Kroger, Albertson's grocery store
merger, the mega merger that would have eliminated good paying
jobs and led to even higher food prices in my home state of
Nevada and across the country. So, Mr. Meador, if confirmed,
would you support actions by the FTC to block mergers up and
down the grocery supply chain to prevent further price
increases for Nevadans? And of course, everybody in this
country has to eat no matter who you are, so I will say for
everyone.
Mr. Meador. Thank you, Senator. I share those concerns. As
a father of six, I pay a lot attention to our grocery bill, and
I think it is an incredibly important topic. And yes, I can
commit that if confirmed, I will do everything I can to work--
ensure that we are enforcing competition up and down the
grocery supply chain.
Senator Rosen. And would you take action to review whether
bad actors are taking advantage of the current supply chain
issues? We know that there is dire egg shortages. We want to be
sure that people aren't price gouging. And so, will you commit
to working on that as well?
Mr. Meador. Yes, Senator. I would be happy to help the
staff and Commissioners look into those issues.
Senator Rosen. And another thing, we are talking about AI
and, of course, surveillance pricing. It is a new strategy
where companies use personal data to change prices in real time
for individual consumers.
And so, this presents clear opportunities for
discrimination and for price gouging as the goal of
surveillance pricing is to offer the highest price to the
specific customer who is willing to pay. For example, a new mom
shopping for diapers, seniors for over-the-counter medication,
or construction workers--well, Las Vegas, it is pretty hot out
there and a Gatorade on a hot, sunny day.
As the new FTC Chair recently withdrew the request for
comments that the Commission had open on surveillance pricing--
he closed it nearly 3 months early. I am concerned that this
signals a lack of concern about rising consumer prices and the
FTC's mandate to protect Americans from these discriminatory
practices.
So, again, would you commit to support publishing the
comments received under the FTC's RFI and surveilling pricing,
and support the publication of those findings? I think this is
akin to price gouging in some ways as they track you around and
decide who is going to pay what depending on who you are.
Mr. Meador. Thank you. Senator. I can commit, if confirmed,
to working with the staff to get up to speed on this issue and
understand what investigative efforts they have undertaken to
look into it, getting up to speed on the record and then
working collaboratively with the Commission to find the best
path forward.
Senator Rosen. Because like you said, you are a father of
six, and I bet you buy a lot of cereal in your home. And that
you don't want to--suddenly you go in and the price of cereal
is double the price for--I am an empty nester. Double the price
or triple the price it is for me.
Mr. Meador. We would be target number one.
Senator Rosen. You would be target number one. I hope not.
I hope not. Thank you. I want to move now to talking about
DeepSeek and China. So, Mr. Kratsios, in your role as Director
of OSTP, you will be required to develop and lead the Nation's
AI strategy.
We have seen huge and alarming AI advancements in China,
with more efficient models like DeepSeek and investments in
advanced data centers. With this innovation comes serious
threats. I am concerned about the possibility of new AI
platforms like DeepSeek being used to extract sensitive data
from users.
Additionally, DeepSeek is open source. The loopholes in its
code could easily be copied into other platforms. I am the only
former computer programmer in the U.S. Senate. This can happen
pretty darn easily. And recent reports also indicate a DeepSeek
unintentionally exposed sensitive data, including chat history
on publicly accessible databases.
So, Mr. Kratsios, how do you plan to collaborate with the
private sector to ensure that our AI models have minimum
security requirements, so they don't create a backdoor or allow
public access to user data, to private data? And how should
Congress be thinking about this challenge with respect to the
models coming out of our adversary nations?
Mr. Kratsios. I think those are all excellent points, and I
think it is critical, at least for the Government, to be
thinking very carefully on how to work with these individual
model developers to think through some of these issues. I think
a lot of them are very technical and scientific in nature.
And one most important--or one of the most important things
that the Federal Government can do is support the measurement
science necessary in order to be able to test and evaluate
these models. And an agency like NIST is a great place to
refine the measurement science around model evaluation.
I think the CEO of Anthropic was here in the Senate just
two years ago, and when he was discussing some of the
challenges he is facing was that the technological
methodologies necessary to actually evaluate these models still
did not exist.
This is a great opportunity for standards making agencies
like NIST to do the appropriate work on how you measure these
models, and then they can be tested for all the variety of
things that you discussed.
Senator Rosen. Thank you. And before I close it out, I am
just going to say I hope you would agree that we need a highly
technical and skilled workforce in order to do this and protect
America. And I hope that you would support keeping the skilled
workforce that you have and not supporting these willy, nilly
cuts. Thank you.
Mr. Kratsios. A skilled workforce is absolutely critical.
The Chairman. Thank you. Senator Duckworth.
STATEMENT OF HON. TAMMY DUCKWORTH,
U.S. SENATOR FROM ILLINOIS
Senator Duckworth. I was this close to the gavel, Mr.
Chairman. This close.
[Laughter.]
Senator Rosen. I know.
Senator Duckworth. It was right here. Thank you, Mr.
Chairman. Mr. Meador, welcome. On February 12, 2025, Acting
Solicitor General Sarah Harris notified Senator Dick Durbin,
the Ranking Member of the Senate Judiciary Committee that the
Department of Justice has determined that the statutory tenure
protections for members of FTC are unconstitutional.
Chairman Ferguson also publicly stated his agreement with
this position. I know Senator Lujan asked about FTC
independence. Mr. Meador, do you believe that the President
should be able to fire FTC Commissioners at will?
Mr. Meador. Senator, I believe that Americans are concerned
about high prices and the cost of living, and that the
President is committed to improving their condition. I believe
that is why I was nominated to this position. And what I can
commit to is that if confirmed, that is what I will work to do
every day, is to serve the American people by helping improve
the cost of living and of markets and protecting them from
unfair and deceptive practices.
Senator Duckworth. That is good sucking up to the
President, but you didn't answer my question.
Mr. Meador. Senator----
Senator Duckworth. Do you believe that the President of the
United States should be able to fire FTC Commissioners at will?
It is a simple question, yes or no?
Mr. Meador. It is a simple question that is subject to
litigation in which the FTC is currently involved. I can't
speak to that. What I can commit to and comment on is what I
would do if confirm which, again, Senator, would be to
faithfully serve the American people.
Senator Duckworth. If the President gave you an illegal
order, would you carry it out?
Mr. Meador. Senator, what I would do, if confirmed, is show
up every day to enforce the law----
Senator Duckworth. If the President gave you an illegal
order, would you carry it out? It is very simple--or
unconstitutional?
Mr. Meador. Senator, I would enforce the law without fear
or favor.
Senator Duckworth. So will you carry out an illegal order
if President Trump gave you an illegal order to carry out?
Mr. Meador. I would enforce the law without fear or favor
to any party.
Senator Duckworth. So you are not answering me. OK. Mr.
Meador, do you believe the FTC has any independence from the
President?
Mr. Meador. Senator, I think this falls under the same
category we discussed a moment ago.
Senator Duckworth. OK, you are not being willing to answer.
Mr. Meador, do you believe the President can zero out the FTC's
budget without any action from Congress?
Mr. Meador. Senator, I believe that Congress has the power
of the purse and works closely with the Congress--with the
President to determine funding for the Executive------
Senator Duckworth. Is the President allowed to zero funding
for the FTC, yes or no?
Mr. Meador. I have not looked into that. I am not aware of
what the legal precedents are there.
Senator Duckworth. OK. I will submit the question for the
record. Please respond to me within 30 days.
Mr. Meador. Yes, Senator.
Senator Duckworth. Thank you. Over the past few years, I
have worked closely with FTC on addressing shortages of infant
formula, which have affected families across the country.
Last year, the FTC issued its report on infant formula
supply chain disruptions, which came after a multi-year
investigation.
Mr. Meador, would commit to supporting investigations by
the FTC that highlight markets where there has been a lack of
competition, such as in the infant formula market?
Mr. Meador. Yes, Senator. I think it is important we focus
our enforcement efforts where there are the most competitive
harms. I would be very eager to work with staff to achieve
that.
Senator Duckworth. Thank you. Do you believe that the FTC
has a role to play in investigating practices that may be
increasing the cost of living for Americans?
Mr. Meador. Absolutely. Where we have a reason to believe
that those practices violate Section 5 of the FTC Act or
another statute that we enforce, we should proceed with an
investigation.
Senator Duckworth. OK. As you may know, Illinois has one of
the strongest biometric privacy laws in the country, the
Illinois Biometric Information Privacy Act. Many Americans are
concerned about the use of their biometric data, like face and
eye scans, fingerprints, or voice patterns for unauthorized
purposes.
For example, in 2023, the FTC and DOJ charged Amazon with
violating children's privacy laws by keeping children's voice
data from Alexa recordings in order to make their AI smarter.
In 2023, the FTC issued a Commission policy statement about the
use of biometric information.
Mr. Meador, do you agree with the principles of that FTC
statement, the Commission policy statement about the use of
biometric information?
Mr. Meador. Senator, I have not had an occasion to review
that policy statement, but if confirmed, I would look forward
to getting up to speed on those matters.
Senator Duckworth. Will you report back to me?
Mr. Meador. Yes, Senator.
Senator Duckworth. Thank you. How would you, Mr. Meador,
work with states like Illinois to protect biometric
information?
Mr. Meador. So I think cooperation between the FTC and
states is one of the most important things we can do. We do it
a lot on the antitrust side. I think it would be a benefit on
the consumer protection side as well.
Senator Duckworth. Just on background, for your
information, the FTC's 2023 Commission policy statement about
the use of biometric information raised significant concerns
around the misuse of biometric data, such as discrimination
against protected classes, AI applications like deepfakes, and
unauthorized disclosure leaks of biometric data.
So I hope you will keep that in mind. I am going to yield
back 24 seconds, Mr. Chairman. Thank you, Mr. Meador.
The Chairman. Thank you very much. Thank you to both our
nominees, Mr. Kratsios and Mr. Meador. My final question is
required of all nominees. If confirmed, do you pledge to work
collaboratively with this committee to provide thorough and
timely responses to this committee's request and to appear
before this committee when requested?
Mr. Kratsios. I do.
Mr. Meador. Yes, Mr. Chairman.
The Chairman. Thank you. I have 17 various letters of
support from multiple organizations for Mr. Kratsios's
nomination and Mr. Meador's nomination that I ask unanimous
consent to be inserted in the hearing record. Without
objection, so ordered.
[The information referred to follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairman. Senators will have until the close of
business on Thursday, February 27 to submit questions for the
record.
The nominees will have until the close of business on
Monday, March 3, to respond to those questions. That concludes
today's hearing. The Committee stands adjourned.
[Whereupon, at 12:15 p.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. John Thune to
Michael Kratsios
Question 1. Advanced artificial intelligence (A.I.) is a
revolutionary technology that has the potential to improve health care,
agriculture, logistics, supply chains, and countless other industries.
How would you approach A.I. regulation to protect consumers, harness
major advancement, and limit government intervention?
Answer. I share your view that artificial intelligence holds
immense promise for innovation across sectors. If confirmed, I would
work with stakeholders in government, industry, and academia to ensure
we take a balanced approach: protecting consumers and national
interests while maintaining an environment where innovation can thrive.
Question 2. Will you commit to working with this committee on a
light-touch, pro-innovation legislative framework for A.I.?
Answer. Yes. If confirmed, I look forward to working with this
committee to forward a legislative framework for AI that will ensure
continued American leadership in AI and public trust in the development
and use of AI systems.
Question 3. Coordination across Federal agencies is essential to
ensuring the economic benefits of licensed and unlicensed spectrum do
not compromise national security efforts. Can you commit to working
with your counterparts across the administration and members of this
committee to expand access to licensed and unlicensed spectrum without
compromising national security?
Answer. Yes. I believe effective interagency coordination can help
ensure that expanded access to spectrum provides economic benefits to
the American people without compromising our national security.
Question 4. As a member of Secretary Burgum's National Energy
Dominance Council, will you commit to helping the President's
administration achieve an all-of-the-above energy strategy that will
help the U.S. achieve global energy dominance?
Answer. Yes. American energy dominance is critical to our plans to
lead the world in the development and deployment of emerging
technologies such as artificial intelligence and quantum information
science. If confirmed, I look forward to supporting the work of the
Council.
______
Response to Written Questions Submitted by Hon. Jerry Moran to
Michael Kratsios
Question 1. Mr. Kratsios, during Congress's development of the
CHIPS and Science Act, I advocated for increased funding to states that
have historically received a very small fraction of the Federal
research and development resources. Efforts to increase such funding in
the CHIPS and Science Act include provisions raising the percentage of
NSF research funding to EPSCoR states like Kansas from 13 percent to 20
percent. I believe engaging researchers across the country is critical
for U.S. competitiveness in key technology areas, including advanced
manufacturing and biotechnology.
If confirmed, how do you plan to support policies that
increase scientific and technological development in states
like Kansas?
Answer. I recognize the importance of broadening our national
research base so that every region can contribute to--and benefit
from--U.S. innovation. If confirmed, I would work with Federal
departments and agencies and Congress on programs like EPSCoR, in an
effort to continue expanding research opportunities, foster
partnerships with local universities and businesses, and strengthen our
Nation's overall scientific capacity.
Question 2. Congress is concerned about intellectual property theft
and the transfer of sensitive technologies to China through U.S.
universities.
Mr. Kratsios, what steps would you take as OSTP Director to
mitigate these risks without stifling academic research?
Answer. I recognize the importance of protecting sensitive
technologies while maintaining an open, collaborative research
environment. If confirmed, I would work with Federal agencies,
universities, and industry to ensure research and innovation thrives
while safeguarding our national interests.
Mr. Kratsios, how would you address participation by U.S.
academics in Chinese talent recruitment programs, such as the
Thousand Talents Program?
Answer. Chinese talent recruitment programs may pose serious risks
to national security and may violate conflict-of-interest policies at
educational institutions receiving Federal funding. If confirmed, I
would work with relevant Federal agencies, universities, and industry
to ensure there is transparency, as provided by relevant statutory and
regulatory requirements.
Mr. Kratsios, what specific policies or guidelines would you
propose to universities to ensure transparency regarding
foreign funding, particularly from Chinese sources, without
imposing overly restrictive regulations?
Answer. I believe in a balanced approach that enhances visibility
into foreign contributions without creating excessive burdens on
legitimate research. If confirmed, I am happy to work with Congress on
proposals that may bring more transparency.
Mr. Kratsios, given your experience with emerging
technologies, how would you leverage OSTP's authority to
strengthen U.S. academic resilience against Chinese influence
in fields like AI, quantum computing, and 5G?
Answer. If confirmed, I would encourage coordinated interagency
strategies--partnering with institutions on best practices to protect
sensitive research and facilitate safe, productive international
partnerships where appropriate.
Question 3. Mr. Kratsios, how do you see the commercialization of
space exploration shaping the future of U.S. leadership in space, and
what role should OSTP play in advancing this agenda?
Mr. Kratsios, during your time as U.S. Chief Technology
Officer, you championed emerging technologies. How would you
apply that experience to accelerate the growth of the
commercial space sector?
Answer. Commercial space exploration significantly shapes America's
leadership. If confirmed, I would encourage a strong ecosystem that
involves government, industry, and academia, ensuring we stay at the
forefront of space innovation and economic growth.
Mr. Kratsios, NASA has increasingly partnered with companies
like SpaceX and Blue Origin. How would you strengthen public-
private partnerships to ensure they benefit both U.S. taxpayers
and the commercial space industry?
Answer. During my time as U.S. CTO, I worked to prioritize emerging
technologies and streamline regulations. If confirmed, I would build on
these efforts, partnering with NASA, the FAA, and other agencies to
create a supportive environment for commercial space ventures.
Mr. Kratsios, what policies would you advocate for to
encourage small and medium-sized enterprises to enter the
commercial space market, beyond the dominance of major players?
Answer. I believe a dynamic space sector requires diverse
participants. If confirmed, I would advocate for simplified regulations
and Federal opportunities that encourage smaller innovators to compete
and thrive.
Mr. Kratsios, how would OSTP under your leadership
coordinate with agencies like NASA, the FAA, and the Department
of Commerce to streamline regulations for commercial space
activities?
Answer. Interagency coordination is key to creating a predictable
regulatory environment. If confirmed, I would champion collaborative
efforts to align Federal policy, ensuring our space industry remains
agile and competitive.
Mr. Kratsios, how would you encourage private investment in
high-risk, high-reward space technologies that may not yield
immediate commercial returns?
Answer. High-risk, high-reward research has the potential to
generate significant technological breakthroughs. If confirmed, I would
explore ways to ensure private capital is not deterred from supporting
next-generation space capabilities.
Question 4. Mr. Kratsios, you have been a strong advocate for
American leadership in aviation innovation, especially under the first
Trump Administration. Our global adversaries, particularly China, are
investing in Advanced Air Mobility (AAM) and drones, and President
Trump has spoken of the need to lead the world in AAM. What do you plan
to do make certain the U.S. leads in this technology, and would you
support an Executive Order to make AAM a national priority?
Answer. Advanced Air Mobility is poised to reshape aviation. If
confirmed, I would collaborate with industry and agency partners to
identify key research areas, workforce needs, and regulatory challenges
facing the industry. As for an Executive Order, I would offer any
insights requested by the President to prioritize AAM.
How would you define `aerospace dominance' in the context of
U.S. national interests, and what role should OSTP play in
securing it over the next decade?
Answer. Aerospace dominance entails sustained leadership in
technology, manufacturing, and operational capabilities across the
aerospace sector. OSTP can help set research priorities, coordinate
policy across agencies, and foster international partnerships that keep
the U.S. at the forefront of aerospace innovation over the next decade.
Given your experience as U.S. Chief Technology Officer, what
do you see as the greatest threats to U.S. aerospace dominance
today, and how would you address them?
Answer. Factors include global competition, supply chain
vulnerabilities, and talent shortages. If confirmed, I would work
through the policy coordination process with relevant agencies to craft
a coordinated Federal strategy to ensure U.S. aerospace dominance.
How would you ensure that U.S. advancements in aerospace
technology continue to set the global standard, particularly in
the face of rising competition from China and Russia?
Answer. I believe coordinated Federal R&D efforts, strong private
sector partnerships, and active international engagement help shape
global norms. If confirmed, I would work with agencies and industry to
maintain our competitive edge.
What policies would you propose to bolster the U.S.
aerospace supply chain, particularly in light of recent
disruptions and dependencies on foreign components?
Answer. Recent disruptions highlight the need for resilient supply
chains. If confirmed, I would consult with stakeholders and agencies on
potential strategies--like diversifying suppliers and supporting
domestic manufacturing--to reduce dependencies on foreign sources.
Aerospace dominance relies on a skilled workforce. How would
you work to strengthen STEM education and training programs to
meet the demands of the aerospace industry?
Answer. A robust pipeline for STEM and STEM-adjacent occupations is
essential. If confirmed, I would advocate for collaborative programs
among government, academia, and industry that expand access to
aerospace-related fields at all education levels.
What strategies would you pursue to retain top aerospace
talent in the U.S. and prevent brain drain to competitor
nations?
Answer. If confirmed, I would support policies that promote
aerospace innovation here in the United States, such as advanced
research opportunities and competitive career prospects, encouraging
top talent to build and work domestically.
How would you streamline regulations to encourage innovation
in the aerospace sector without compromising safety or
security?
Answer. If confirmed, I would engage industry experts to identify
potential barriers to innovation, and would work with regulatory
agencies to identify policies that remove those barriers where
appropriate, while upholding aviation's high safety standards.
What long-term investments in aerospace infrastructure--such
as launch facilities or testing grounds--would you prioritize
to keep the U.S. ahead?
Answer. If confirmed, I would engage agencies and industry experts
to identify policies that support strategic projects that strengthen
America's aerospace foundation.
Question 5. The development and use of emerging technology like
artificial intelligence must continue to be promoted, rather than
suppressed, by the U.S. intellectual property system. Existing U.S. IP
law is capable of addressing issues related to artificial intelligence
and serves to promote creative activity in AI technology. While unique
issues might arise in the future that may require additional
legislation or regulation, the technology-neutral nature of the U.S.
Copyright Act is sufficient to address present issues regarding AI and
copyright.
Mr. Kratsios, in order for the United States to continue to
lead on artificial intelligence, will you commit to promoting
U.S. intellectual property law, including limitations and
exceptions to U.S. copyright law like the fair use doctrine,
abroad?
Answer. U.S. laws around intellectual property protections and fair
use are cornerstones of American innovation. If confirmed, I would
collaborate with diplomatic and trade partners to defend U.S. law
internationally and ensure continued global U.S. leadership in AI.
Can you speak to the importance of a risk-based, flexible,
and technology-neutral regulatory approach when considering the
intersection between emerging technology and copyright?
Answer. Having regulatory approaches that are risk-based, flexible,
and technology-neutral, including for copyright law, ensure that
regulation can keep pace with technological innovation. If confirmed, I
would work with relevant agencies to ensure that regulatory frameworks
can handle new technological developments and provide clarity to
innovators.
Under the previous Trump administration, you played a key role in
advancing the first-ever OECD Principles on AI. Although the Biden
Administration carried forth much of that work, the threat of
regulatory fragmentation, driven by markets like the EU eager to embed
their vision of prescriptive governance, is a growing threat.
Mr. Kratsios, what is your vision for U.S. leadership on AI
governance among like-minded states through forums such as the
OECD and G7?
Answer. Building upon prior initiatives, I believe that the United
States should champion pro-innovation policies that uphold American
values. If confirmed, I would work closely with allies and like-minded
states to prevent regulatory fragmentation and defend American
interests on the international stage.
What specific principles can the U.S. advance to ensure that
leading U.S. firms maintain consistent, fair access to foreign
markets?
Answer. If confirmed, I would work with relevant agencies to combat
barriers that limit U.S. competitiveness, including advocating against
forced technology transfer and harmful IP-related practices as a
condition of entering a foreign market.
Question 6. Mr. Kratsios, I am the chairman of the Commerce,
Justice, and Science Appropriations Subcommittee that provides funding
to OSTP and several science agencies, including NASA, NOAA, and NIST.
If confirmed, how will you work with Congress to secure the
funding necessary to support long-term research and development
priorities?
Answer. Collaboration between appropriators and Federal agencies is
key. Every Fiscal Year, the OSTP Director partners with the OMB
Director to author a memorandum on the Federal government's research
and development priorities. If I am confirmed, I intend to work with
OMB to set the Administration's R&D budget priorities and to work in
partnership with Congress to fund those priorities to ensure American
leadership in emerging technologies.
Question 7. Mr. Kratsios, given your background is primarily in
technology policy, how do you plan to address the scientific research
components of the job?
Answer. If confirmed, I look forward to assembling a team of
subject matter experts with varied technical expertise across
Administration priorities on scientific research.
Question 8. Mr. Kratsios, in 2019 in your role as Chief Technology
Officer of the United States, you helped lead the White House's Summit
on America's Bioeconomy, where the importance of the bioeconomy as a
national strategic research and development priority was discussed.
During the summit you also highlighted the Administration's commitment
to ensuring American leadership in emerging technologies, which
includes investment in R&D, the workforce, and removing regulatory
barriers to growth.
That commitment is more important than ever in helping encourage
domestic biomanufacturing in states like Kansas. Corn and soy farmers
in Kansas benefit from market demand created by the manufacture of
biobased products. According to USDA's estimates, over 11,570 direct
jobs and over 10,680 spillover jobs in Kansas are supported by the
biobased chemicals, biorefining, enzyme, forest products, and biobased
plastic sectors. These activities generate over $782 million in direct
economic value and nearly $836 million in spillover economic value to
Kansas's economy.
Given the importance to our economic growth and the
implications for national security, do you and the Trump
Administration remain committed to growing the bioeconomy's
talent, data, and infrastructure?
Answer. I remain committed to ensuring continued American
innovation in biotechnology and encouraging domestic biomanufacturing,
recognizing the importance of the bioeconomy to our economy and
national security. If confirmed, I look forward to working with
relevant stakeholders and agencies to realize these goals.
______
Response to Written Questions Submitted by Hon. Dan Sullivan to
Michael Kratsios
Question 1. With Huawei, we have a recent grave example of the CCP
utilization of preferential policies and financing to enable the
expansion of its telecommunications equipment globally, imbedding
itself in networks capable of espionage or sabotage of U.S. and global
networks.
In reaction, Congress and the Administration created restrictions
on the use of Huawei equipment, funded the removal of the equipment
from U.S. networks, and enacted restrictions on exports of U.S. tech to
ensure that Huawei cannot benefit from U.S. innovations.
We have a new profound risk with AI, as we can anticipate that the
CCP will take similar interest in exporting Chinese developed large
language models around the world that can be the basis to provide
citizen facing basic government services (taxes, healthcare, benefits).
What can the U.S. government be doing to ensure U.S. tech
companies are globally competitive against foreign rivals?
Answer. If confirmed, I look forward to working with Congress and
relevant agencies on a robust, two-pronged policy agenda to both
promote and protect American innovation, ensuring that we develop the
best technologies here at home and defend our technologies domestically
and globally from malign influence.
Are our global development agencies positioned to support
the export of American technology and software?
Answer. If confirmed, I look forward to working closely with our
global development agencies to craft a coordinated strategy to support
the export of strategically important American technology abroad.
Question 2. As Director of OSTP, pursuant to the President's AI
E.O. on January 23rd, you will be one of the chief architects charged
with developing an AI policy ``action plan'' by July 22, 2025. At OSTP,
you have purview to advise the President on science and technology
across all Federal programs and activities.
How do we ensure that our agencies across the Federal
government are spending research and development funds on the
most important areas of AI? What do you see as the current
priority?
Answer. If confirmed, I look forward to evaluating existing
national AI research and development strategic plans to identify
research priorities, such as the measurement science which underpins
large language model testing and evaluation. I will plan to work with
research agencies to better understand their R&D priorities and
facilitate interagency AI R&D coordination through the National Science
and Technology Council.
Question 3. During the Biden Administration, I was concerned that
the Biden Executive Order on AI created uncertainty over regulating
potential harms associated with generative AI that could stifle U.S.
competitiveness and ability to innovate. For example, during the
unveiling of the AI Safety Institute in London VP Harris made
statements at the unveiling trying to redefine an existential threat to
include the ``full spectrum'' of threats, including bias,
discrimination and the spread of disinformation. Some of the identified
harms extend beyond scientific concerns and delve into social policy
realms.
How do we ensure that the U.S. is pursuing risk-based
guidance to industry that ensures U.S. leadership and
competitiveness?
Answer. If confirmed, I look forward to working with agencies to
coordinate a use-case and sector-specific, risk-based policy approach
across sectors and ensure that the private sector can support continued
U.S. AI leadership.
Question 4. The CHIPS and Science Act directed the Office of
Science and Technology Policy to establish and lead the interagency
Subcommittee on Microelectronics Leadership. This group is intended to
coordinate the national strategy on microelectronics research across
the government's science investments to ensure U.S. leadership in this
critical technology.
How will the Office of Science and Technology Policy--under
your leadership--ensure that the portfolio of research
investments made by the U.S. outpaces other nations who are
ramping their innovation programs to try to capture market
leadership?
Answer. If confirmed, I will work with the Subcommittee on
Microelectronics Leadership and relevant agencies to align R&D
priorities, avoid duplication of effort, and capitalize on the
creativity of American industry and academia.
Question 5. The formidable leaps in the capability of today's AI
systems rests on many decades of academic research supported by Federal
science programs such as the DOE Office of Science and the National
Science Foundation. And these offices continue to support development
of AI algorithms and information processing science that will extend
the capabilities of AI far beyond what is possible today.
What actions will the Office of Science and Technology
Policy--under your leadership--take to ensure that upstream
research is fully supported in areas such as mathematics,
materials science, chemistry, physics, etc. to secure AI
leadership for the U.S.?
Answer. Foundational research forms the bedrock of tomorrow's
breakthroughs. If confirmed, I will champion support for fundamental
science at agencies like NSF and DOE, as well as interagency
initiatives that drive cross-agency collaboration. These efforts will
be central to America's continued AI leadership.
Question 6. In addition to incentivizing the construction of fabs
in the U.S., the CHIPS Act also makes substantial investments in more
applied research for piloting and prototyping in the semiconductor
industry. Since passage of the CHIPS Act, companies have partnered with
the Departments of Commerce and Defense to inform these R&D programs to
ensure they meet the industry's needs.
What role will OSTP play in maximizing continuity and
efficiency of these programs to ensure the private sector can
meet their R&D and innovation timelines and maintain U.S.
leadership in microelectronics?
Answer. A close, iterative dialogue between Federal program
managers and industry is vital. If confirmed, I look forward to
learning more about how these programs are being facilitated and how
OSTP can support the Departments of Commerce and Defense.
______
Response to Written Questions Submitted by Hon. Tim Sheehy to
Michael Kratsios
Question 1. Holmium Copper II (HoCu2) is required for every quantum
computer, but its development is currently dominated by a Chinese
company. The Critical Resources Summit (CRS3.0) in Bozeman, Montana, on
April 8-9th will address this underexamined issue and other critical
materials vulnerabilities. Will you attend CRS3.0 and engage on these
issues?
Answer. I appreciate the importance of critical materials to our
emerging technologies. While I cannot confirm my schedule at this
point, I value these discussions and, if confirmed, will ensure OSTP
representation engages with experts and stakeholders to address
critical supply chain vulnerabilities.
Question 2. Will you review the importance of the National Quantum
Initiative Advisory Committee to ensure effective representation of
expertise on the quantum supply chain?
Answer. Yes. If confirmed, I will review the Committee's
composition to ensure it includes the necessary technical and industry
expertise. This input is crucial to fortifying our quantum ecosystem
and maintaining U.S. leadership in this field.
Question 3. Should Congress give the Artificial Intelligence Safety
Institute (AISI) an export promotion mandate, and make it an
independent arbiter charged with conducting evaluations of American and
foreign AI models to detect security threats, political bias, and
censorship?
Answer. I look forward to working with the Commerce Department and
interagency partners to better assess the AISI and help chart the best
part forward for the institute to ensure continued American leadership
in artificial intelligence.
Question 4. What is your overall vision for AISI?
Answer. If confirmed, I look forward to working with the Department
of Commerce and interagency partners to better assess the AISI and help
chart the best path forward for the institute to ensure continued
American leadership in artificial intelligence.
Question 5. If Federal support for science is frequently upstream
of private sector innovation, how can Congress support the
administration's efforts to reduce bureaucracy and ensure Federal
science dollars get more bang for their buck?
Answer. If confirmed, I look forward to working with Congress and
agencies to further study existing administrative research burdens and
address them directly. Federally funded scientists should be empowered
to spend less time on administrative requirements and more time on
scientific research.
Question 6. How can Congress support the development of critical
infrastructure, such as high-performance computing and secure data
centers, to maintain the U.S.'s leadership in AI and ensure resilience
against cyber threats?
Answer. Advanced computing infrastructure is essential to
accelerate AI research and maintain our competitive edge. If confirmed,
I look forward to working with DOE, NSF, and other relevant agencies on
their computing initiatives.
Question 7. What can Congress do to help unlock the large,
scientific datasets at DOE, HHS, NSF and elsewhere to enable open, AI-
driven research platforms?
Answer. Federal datasets are a valuable national resource. If
confirmed, I would work with agencies to encourage secure data sharing
and standardized formats that can help unlock research breakthroughs
across multiple disciplines.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
Michael Kratsios
Scale AI. After leaving the first Trump Administration, you joined
the startup company Scale AI as its first-ever Managing Director. A
core component of Scale AI's business is using independent
contractors--often known as ``taskers''--to review and label data sets
that train AI models.
Scale AI has been accused of mistreating its workers and
outsourcing much of its work to countries with weak labor practices.
For example, an August 2023 Washington Post report documented how Scale
AI set up shop in the Philippines, where labor protections are
notoriously lax. Once there, the company allegedly delayed and canceled
payments to workers, and often paid below the minimum wage.
More recently, Scale AI has faced multiple lawsuits in the United
States, alleging, among other things, that the company misclassifies
its workers to withhold pay and other benefits. Alarmingly, one recent
lawsuit claims the company also required some workers to view
disturbing imagines of traumatic events, such as assaults on children,
murders, and fatal car accidents, without proper safeguards, which
resulted in psychological distress.
My Office has also received complaints from multiple whistleblowers
regarding Scale AI. These former Scale AI workers detail concerning
labor practices, including wage theft and other broken promises on
compensation. I take whistleblower complaints like these very
seriously.
Question 1. Mr. Kratsios, as Managing Director of Scale AI, what
steps did you take to ensure Scale AI's workers were fairly
compensated?
Answer. While at Scale AI, I did not work on the part of the
business the dealt with taskers, which Scale calls contributors.
Question 2. How did you ensure that Scale AI workers were not put
into an unsafe position with respect to reviewing traumatic prompts and
other materials?
Answer. While at Scale AI, I did not work on the part of the
business the dealt with taskers, which Scale calls contributors.
Question 3. You have spoken about the importance of American
leadership in AI. How is Scale AI's apparent business model of
outsourcing work to foreign countries with weak labor protections
consistent with this goal?
Answer. While at Scale AI, I did not work on the part of the
business the deals with taskers, which Scale calls contributors. I do
believe in strong American leadership in AI. If confirmed, I would work
with stakeholders to encourage responsible supply-chain practices that
uphold American values and maintain our competitive edge.
Question 4. If confirmed, will you advocate for and prioritize fair
and ethical standards for the AI workforce?
Answer. While I was not involved in the Scale business related to
contributors, I remain firmly committed to promoting policies that
protect workers, advance innovation, and uphold American values.
President Trump Attacks on NSF Funding. Mr. Kratsios, the Office of
Science and Technology Policy (OSTP) is responsible for coordinating
with OMB to drive funding decisions for U.S. science and technology
priorities. As you know, Federal R&D spending occurs across 15
agencies, including the Department of Defense (DOD), the Office of
Management and Budget (OMB), the National Aeronautics and Space
Administration (NASA), and the National Science Foundation (NSF). If
confirmed, you would play a critical role in driving these funding
decisions.
A recent Science article reports that the Trump Administration is
considering slashing NSF's annual budget by up to 66 percent. In
addition, universities across the country, including in my state such
as the University of Washington School of Public Health, are pausing
offers to PhD students as well as offers of financial support to
current graduate students. This would have devastating impacts on U.S.
national and economic security interests. The United States cannot
afford to retreat in the global race for critical next-generation
technologies, like AI and quantum computing.
Question 5. Mr. Kratsios, do you think cutting NSF's budget by two-
thirds would further American leadership in emerging technologies?
Answer. The Trump Administration has not yet made a Budget request
to Congress. If I am confirmed, I intend to work with OMB to set the
Administration's R&D budget priorities and to work in partnership with
Congress to fund those priorities to ensure American leadership in
emerging technologies.
Question 6. If confirmed, will you commit to protecting NSF's
budget from the indiscriminate cuts we are seeing elsewhere across the
Federal government?
Answer. During my tenure as Chief Technology Officer of the United
States, the National Science Foundation received record funding. If
confirmed, I look forward to advancing an R&D agenda, including NSF
funding, that ensures that the United States leads the world in
fundamental scientific and technological advances to improve the lives
of all Americans.
Space Commercialization. Mr. Kratsios, you have stressed the
importance of leveraging innovation through partnerships between
government, academia, and the private sector. Given the rapid evolution
in space technology and the growing role of commercial entities,
understanding your vision on public-private collaboration in space is
critical for maintaining U.S. leadership.
Question 7. How do you envision OSTP facilitating public-private
partnerships specifically to drive innovation and economic growth in
the commercial space sector?
Answer. I see public-private collaboration as a key component of
the innovation ecosystem. If confirmed, I would encourage interagency
coordination and stakeholder engagement to advance growth and
competition in the commercial space sector.
Question 8. What policy or strategy reforms would you recommend to
the President to ensure that the commercial space industrial base
continues to include new entrants with innovative approaches to
providing space servicers and capabilities to maintain U.S.
international competitiveness and avoid over-reliance on a small number
of providers?
Answer. I support maintaining an environment that fosters
competition and innovation. If confirmed, I would advise the President
on measures that lower barriers to entry, encourage investment, and
diversify participation in the space market.
Space System Resiliency and Sustainability. During your time at
DOD, you focused broadly on technological leadership to protect our
Nation against malign actors and adversarial practices. The security of
space assets such as satellites and associated communication and IT
systems are an integral part of maintaining our economic and national
security leadership in space. Understanding your recommended strategy
on protecting these critical assets is essential.
Question 9. What measures do you propose to enhance the resilience
of U.S. space infrastructure, particularly to ensure that we do not
become overly reliant on any single space company or single point of
failure?
Answer. I believe resilience depends on robust R&D, diversified
suppliers, and close public-private collaboration. If confirmed, I
would promote a strategic approach that balances innovation with
national security and avoids single points of failure.
International Science & Technology Cooperation. Mr. Kratsios, we
have all observed how the Administration's focus in the early weeks on
tariffs and trade have produced mixed responses from many of our
traditional allies. Many of our greatest scientific achievements have
benefited from robust international partnerships.
Question 10. What recommendation do you intend to provide the
President regarding the value of future large research and development
projects with international partners and allies?
Answer. The United States has a strong history of leadership in
global research and innovation. If confirmed, I will provide the
President with assessments that prioritize national interests,
scientific excellence, and strategic partnerships while ensuring that
any international collaboration aligns with our economic and security
priorities.
Artificial Intelligence. As Chief Technology Officer, you built the
American AI Initiative that included five key lines of effort designed
to advance AI research investment and build America's AI workforce.
Congress codified the American AI Initiative in 2020.
Building upon this work, last Congress I introduced legislation to
support the development of standards and testing for the most advanced
AI models, as well as supporting education and training efforts on AI
at NSF and the National Institute of Standards and Technology (NIST).
Question 11. Mr. Kratsios, do you support the development of
standards and testing for the most advanced AI models?
Answer. Yes, in general I support a framework that provides
standards and testing without imposing excessive regulatory burdens.
Question 12. If confirmed, will you work with me on workforce
development, education, and training for AI to ensure that the U.S.
remains at the forefront of AI innovation?
Answer. Yes.
______
Response to Written Questions Submitted by Hon. Amy Klobuchar to
Michael Kratsios
Question 1. The National Institute of Standards and Technology
(NIST) is the agency charged with partnering with industry and experts
to develop standards that foster innovation.
There are public reports that the Administration is planning
to fire probationary employees at NIST, many of whom are new
hires in AI. How will firing many of the AI experts the
government has recently hired affect the government's ability
to keep up with fast-moving developments in AI?
If confirmed, will you commit to opposing the firing of
these AI experts?
Answer. OSTP does not have hiring power over government agencies.
If confirmed, I look forward to advancing an agenda that maintains
American leadership in artificial intelligence, including expanding
world-leading AI expertise here in the United States. I intend to
leverage all resources--federal and nonfederal--to ensure America
remains the unchallenged leader in technological development.
Question 2. We're facing a projected workforce shortfall in STEM
fields--300,000 engineers and 90,000 skilled technicians in the U.S. by
2030. Minnesota faces a shortage of 18,000 workers in high-demand tech
professions.
How will you work to equip veterans and their spouses with
the skills they need to pursue careers in high-demand fields?
If confirmed, will you work to reduce barriers limiting the
recruitment, retention, and success of women in academic and
government STEM research careers?
Answer. Ensuring that all individuals, including veterans, their
spouses, and women, have the opportunity to excel in STEM fields is
essential for innovation. If confirmed, I will support efforts to
identify and address barriers to recruitment, retention, and success in
STEM careers, ensuring that the best talent has the opportunity to
contribute to and benefit from these high-demand fields.
Question 3. I am working to make sure we have stronger rules of the
road in place when it comes to AI use. My bill with Majority Leader
Thune--the AI Research, Innovation, and Accountability Act--for
example, would improve testing and evaluation for critical-impact AI
systems used to make decisions about critical infrastructure.
In the past you've supported developing thoughtful Federal
standards that can help drive the widespread adoption of AI
technologies across industries. If confirmed as OSTP Director,
how do you plan to build on your previous work?
Answer. Establishing clear and robust AI standards is essential for
widespread AI adoption across industries. Such standards, when not
overly burdensome, provide a common framework that enables
organizations to integrate AI solutions in a way that accelerates
innovation and economic growth. I continue to believe in the importance
of AI standards for innovation, and, if confirmed, will build on my
past work to ensure continued progress.
______
Response to Written Questions Submitted by Hon. Brian Schatz to
Michael Kratsios
On February 18, 2025, President Trump announced an Executive Order
(EO) entitled, ``Ensuring Accountability for All Agencies.'' The EO
institutes an unprecedented requirement for direct presidential
oversight over actions, regulations, and strategic plans by independent
agencies, including the Federal Trade Commission (FTC), Federal
Communications Commission (FCC) and the Securities and Exchange
Commission (SEC).
Question 1. With the jurisdiction of the FTC, FCC, and SEC
extending into science and technology related matters, how will OSTP be
involved in the presidential oversight established by the EO?
Answer. I have not spoken to White House Counsel about this
Executive Order. However, under the previous Trump Administration, I
worked in partnership with many agencies to advance the President's
vision. I intend to again work with Federal and non-federal actors to
ensure the United States maintains ``unquestioned and unchallenged
global technological dominance,'' as the President has said.
As Chief Technology Officer during President Trump's first
administration, you played a key role in crafting the administration's
original AI policies, such as the 2019 Executive Order entitled,
``Maintaining American Leadership in Artificial Intelligence,'' where
you highlighted how developing Federal standards can drive the
widespread adoption of AI systems throughout industry.
Question 2. How do you plan to build on this work during your
tenure?
Answer. Establishing clear and robust AI standards is essential for
widespread AI adoption across industries. Federal standards provide a
common framework that enables organizations to integrate AI solutions
in a way that accelerates innovation and economic growth. I continue to
believe in the importance of AI standards for innovation, and, if
confirmed, will build on my past work to ensure continued progress.
Question 3. If confirmed, will you advocate for the hiring or
rehiring of technologists and AI experts at the National Institute of
Standards and Technology to help develop standards in alignment with
these goals?
Answer. NIST plays a critical role in developing AI standards that
support innovation and competitiveness. If confirmed, I will look
forward to assessing NIST's current efforts to ensure NIST has the
necessary expertise and resources to fulfill its mission effectively.
Question 4. Will you commit to ensuring that AI adoption
prioritizes public safety and consumer protection?
Answer. Public safety and consumer protection are important
considerations in AI adoption. If confirmed, I will support efforts to
assess how to best incorporate these priorities into policies that
further innovation and economic growth.
According to reporting this week from the Pew Research Center,
about half of U.S. workers are worried about the future impact of AI in
the workplace.
Question 5. How will you approach the challenge of preparing the
American workforce for AI impacts?
Answer. AI is transforming the workforce, and it's important to
assess its impact on jobs and skills development. If confirmed, I will
support efforts to explore strategies that help workers adapt to
technological changes, including education, training, and workforce
development initiatives.
Science, Technology, Engineering and Math (STEM) Education
Education in core skills needed to develop and deploy critical
emerging technologies in the U.S. is lagging behind our international
counterparts, and could jeopardize our future economic competitiveness
and national security. Relative to other countries, U.S. students'
performance is declining in real-world math skills and computational
thinking. In the field of quantum computing specifically, the U.S. is
already facing a severe talent shortage due to an insufficient pipeline
of talent.
Question 6. How will you advocate for improved STEM education in
the U.S. today to strengthen our emerging technologies workforce of
tomorrow?
Answer. STEM education is essential for maintaining U.S. leadership
in emerging technologies. If confirmed, I will support efforts to
assess and identify ways to enhance STEM education and workforce
development to ensure a strong pipeline of talent for the future.
Under President Trump's first administration, concerns were raised
about staffing levels at OSTP. In July 2017, it was reported that OSTP
had just 35 staff compared to 135 under the prior administration. By
April 2019, that number rose to just 58 staff.
Question 7. Given the critical national security and economic
concerns under OSTP's jurisdiction, will you commit to ensuring
consistent staffing levels at OSTP, and that staff have sufficient
technological and science expertise?
Answer. Maintaining expertise in science and technology is critical
for OSTP's mission. If confirmed, I will assess the needs of the office
to ensure it is positioned to provide the President with effective
guidance on science and technology priorities.
Question 8. Under President Trump's first administration, more than
half of total OSTP staff were detailees, fellows, and IPAs. In light of
the elimination of certain fellowship programs like the Presidential
Management Fellowship, will you commit to hiring more full-time experts
at OSTP to fulfill talent needs?
Answer. Ensuring OSTP has the necessary expertise to fulfill its
mission is very important. However, given the limited OSTP budget, the
use of detailees, fellows, and IPAs is essential for obtaining the
critical science and technology expertise needed for OSTP to fulfill
its mission. If confirmed, I will assess staffing needs and explore the
most effective options to maintain a strong and capable team that
supports the President's priorities.
In your testimony, you stated that ``China has emerged as both our
preeminent geopolitical rival and our most formidable technological and
scientific competitor,'' and described how OSTP will be critical in the
effort to compete against global competitors.
Question 9. Given the sensitivity of OSTP's mission, what steps
will you take to ensure the physical and cybersecurity of OSTP's data
and work?
Answer. If confirmed, I would prioritize robust security measures
and consult with the relevant EOP components to maintain OSTP's
integrity.
Federal funding for scientific research has undergirded the
economic and technological supremacy of the United States. It has been
instrumental in developing transformative technologies used in our day-
to-day lives, from the Internet and GPS revolutionizing communication
and navigation, to barcodes streamlining commerce, to MRI machines
advancing medical diagnostics.
Question 10. Given the important role of the government in
supporting early, pre-commercialized science and technology research
work, how will you encourage Federal research investments?
Answer. Federal R&D investments are vital to sustaining America's
edge. If confirmed, I would work with OMB and relevant agencies to
review current Federal R&D investments and ensure these investments are
efficient and effective.
Question 11. How will you ensure that Federal science and
technology research is independent from potential conflicts of interest
for members of the administration?
Answer. If confirmed, I would uphold conflict-of-interest
guidelines and promote transparency in Federal research programs.
During your confirmation hearing, you expressed that the President
has the right to evaluate, make changes to, and align his team with his
administration's goals. In light of significant layoffs at agencies
that drive scientific research and technological innovation and
adoption, I am concerned these actions run contrary to our goals of
American leadership and competitiveness on scientific and technological
advancement.
Question 12. Do you agree that promoting technical and scientific
expertise in government advances our national interests and
competitiveness?
Answer. Yes. The President has appointed accomplished experts and
leaders across governmental agencies to advise on matters of technical
and scientific expertise.
Question 13. Will you commit to protecting the critical work of
technical and scientific experts who are advancing our national science
and technology interests as Federal employees?
Answer. If confirmed, I will work with relevant agencies to better
understand the scientific and technical work being administered and to
promote an environment that values expertise and public service.
______
Response to Written Questions Submitted by Hon. Edward Markey to
Michael Kratsios
Question 1. In your confirmation hearing in front of the Senate
Commerce Committee you mentioned your support for artificial
intelligence standards. Can you describe your plan for the creation of
artificial intelligence standards?
Answer. If confirmed, I look forward to learning more about the AI
standards processes currently underway at NIST. The President directed
the OSTP Director and the National Security Advisor to develop an AI
Action Plan. The U.S. approach to standards will likely be part of that
policy process.
Question 2. If confirmed, will you commit to working with the
National Institute of Standards and Technology to convene a consortium
of stakeholders to identify measurement needs and standards for
artificial intelligence's environmental impacts?
Answer. If confirmed, I look forward to learning more about the AI
standards processes currently underway and discuss this approach with
NIST. The President directed the OSTP Director and the National
Security Advisor to develop an AI Action Plan. The U.S. approach to
standards will likely be part of that policy process.
Question 3. If confirmed, will you commit to working with the
National Institute of Standards and Technology to create a system for
entities developing or operating artificial intelligence to voluntarily
report the full range of artificial intelligence's environment impacts?
Answer. If confirmed, I look forward to learning more about the AI
standards processes currently underway with NIST. The President
directed the OSTP Director and the National Security Advisor to develop
an AI Action Plan. The U.S. approach to standards will likely be part
of that policy process.
Question 4. What is OSTP's role in supporting AI's positive uses by
protecting people, especially underrepresented communities, from the
potentially harmful impacts of such technology?
Answer. The President directed the OSTP Director and the National
Security Advisor to develop an AI Action Plan. If confirmed, I look
forward to working the interagency process on developing this plan and
promoting the positive uses of AI.
Question 5. In 2022, OSTP issued a Blueprint for an AI Bill of
Rights. If you are confirmed, how would OSTP use that blueprint in the
development of AI policy and requirements for the Federal government?
Answer. The President directed the OSTP Director and the National
Security Advisor to develop an AI Action Plan. If confirmed, I look
forward to learning more about previous work done on AI by OSTP and
working with the interagency process on developing this plan.
Question 6. What guardrails should there be for the Federal
government's use of AI tools and other technologies, and what is OSTP's
role in the development of such guardrails?
Answer. If confirmed, I look forward to collaborating with relevant
agencies to ensure AI solutions in government meet high standards of
accountability.
Question 7. If confirmed, what is your plan to improve the working
conditions, wages, and benefits of AI data workers?
Answer. While labor policies involve multiple agencies, if
confirmed, I look forward to learning about current policies that
support responsible practices within any Federal AI-related
initiatives.
Question 8. If confirmed, what is your plan to ensure new and
emerging technologies do not continue to be implemented in ways that
harm workers?
Answer. The President has outlined a vision of empowering American
innovators and workers. If confirmed, I would look forward to learning
further how current policies implemented by the Federal government
impact workers and how these practices can better protect workers.
Question 9. OSTP has been deeply engaged in AI issues, and the
office recently issued a Request for Information on AI. If confirmed,
will you commit to formally incorporating these submissions from the
public record received to the May 2023 RFI on Automated Worker
Surveillance and Management in any related decision-making during your
tenure?
Answer. If confirmed, I would ensure relevant public feedback is
considered as part of the broader interagency decision-making on AI
policy.
Question 10. There are reports that artificial intelligence and
other technologies are being developed in order to determine where
program funding should be cut and contracts should be cancelled. If
confirmed, will you commit to providing transparency and publicly
disclosing information around the use and development of these
technologies?
Answer. I am not familiar with these reported AI use-cases, but if
confirmed, I look forward to learning more about the use of AI in
government from relevant agencies.
Question 11. There are reports that artificial intelligence and
other technologies are being developed in order to determine which
Federal workers should be laid off, terminated, furloughed,
transferred, or otherwise adversely impacted. If confirmed, will you
commit to providing transparency and publicly disclosing information
around the use and development of these technologies?
Answer. I am not familiar with these reported AI use-cases, but if
confirmed, I look forward to learning more about the use of AI in
government from relevant agencies.
Question 12. Do you believe that bias and discriminatory artificial
intelligence is a problem?
Answer. The President directed the OSTP Director and the National
Security Advisor to develop an AI Action Plan. The U.S. policy approach
to addressing these issues will likely be part of that policy process,
and, if confirmed, I look forward to working with interagency partners
on it.
Question 13. If confirmed, what is your plan to address biased and
discriminatory artificial intelligence, especially in critical areas
such as health care, education, employment, and criminal justice?
Answer. The President directed the OSTP Director and the National
Security Advisor to develop an AI Action Plan. The U.S. policy approach
to addressing these issues will likely be part of that policy process,
and, if confirmed, I look forward to working with interagency partners
on it.
Question 14. Do you believe that companies have an obligation to
test, address, or measure its algorithms before deployment in order to
determine whether it discriminates or is biased against protected
characteristics?
Answer. Testing and evaluation are key components of any AI
strategy. The President directed the OSTP Director and the National
Security Advisor to develop an AI Action Plan. The U.S. policy approach
to addressing these issues will likely be part of that policy process,
and I look forward to working with interagency partners on it.
Question 15. Do you believe that companies have an obligation to
monitor its algorithms after deployment in order to determine whether
it discriminates or is biased against protected characteristics?
Answer. Testing and evaluation are key components of any AI
strategy. The President directed the OSTP Director and the National
Security Advisor to develop an AI Action Plan. The U.S. policy approach
to addressing these issues will likely be part of that policy process,
and I look forward to working with interagency partners on it.
Question 16. Do you support the Office of Technology Policy's
Blueprint for an AI Bills of Rights?
Answer. The President directed the OSTP Director and the National
Security Advisor to develop an AI Action Plan. If confirmed, I look
forward to learning more about previous work done on AI by OSTP and
working with interagency partners on developing this plan.
Question 17. Employers are increasingly relying on artificial
intelligence in the selection and management of employees. However,
time and time again it has been shown that AI can unlawfully
discriminate. Do you support ensuring that artificial intelligence
products utilized by employers are not discriminatory or biased? What
steps would you take, if confirmed, to protect workers from the
discriminatory impacts of AI related to the hiring and management or
workers?
Answer. The President directed the OSTP Director and the National
Security Advisor to develop an AI Action Plan. The U.S. policy approach
to addressing these issues will likely be part of that policy process,
and I look forward to working with interagency partners on it.
Question 18. NIST's Face Recognition Vendor Test has been an
important tool in informing our understanding of the impact, bias, and
performance of facial recognition technology. Do you commit to
maintaining the program, including its independence in its scientific
and voluntary assessments?
Answer. The President directed the OSTP Director and the National
Security Advisor to develop an AI Action Plan. I look forward to
working with interagency partners on it, including learning more about
NIST's current programs.
Question 19. When you worked at the Office of Science and
Technology Policy during the first Trump administration, did you
witness significant waste and excess of the workforce during your
tenure?
Answer. I focused on building an effective policy infrastructure at
OSTP, while ensuring the efficient use of taxpayer dollars. If
confirmed, I would again work with interagency partners to address
critical science and technology challenges to ensure American
leadership.
Question 20. Do you think the Federal funding freeze will impact
American research innovation?
Answer. It is important that the Federal government reviews grant
programs so that funding may be deployed efficiently and without red
tape. Our researchers and scientists cannot be consumed by bureaucratic
compliance, but instead must focus on innovating. If confirmed, I look
forward to advancing an agenda that ensures America remains a leader in
technological innovation.
Question 21. Do you think the Federal workforce cuts will impact
American research innovation?
Answer. OSTP does not have hiring power over government agencies.
If confirmed, I look forward to advancing an agenda that maintains
American leadership in emerging technologies, such as quantum, nuclear
energy, and artificial intelligence. I intend to leverage all
resources--federal and nonfederal--to ensure America remains the
unchallenged leader in technological development.
______
Response to Written Questions Submitted by Hon. Gary Peters to
Michael Kratsios
Question 1. At your nomination hearing, you mentioned prioritizing
``high impact'' versus ``high risk'' use cases for AI inventories. What
markers are you using to determine what ``high impact'' is and isn't?
Answer. To assess if a use-case is high impact, a government agency
could evaluate the scale of the problem it addresses, such as the
number of people or resources affected. They could also estimate the
magnitude of benefit and ensure it's feasible with available resources.
Use cases should also align with the agency's mission and national
priorities. Combining these factors can helps identify efforts with the
greatest potential impact.
Question 2. During President Trump's first term, OSTP had open
lines of communication with Congress. Do you commit to engaging with
Congress, including the minority, this term?
Answer. Yes.
______
Response to Written Questions Submitted by Hon. Ben Ray Lujan to
Michael Kratsios
Question 1. When you served as the U.S. Chief Technology Officer
during the first Trump Administration, you helped launch the National
Quantum Coordination Office. In your testimony at this hearing, you
supported the reauthorization of the National Quantum Initiative Act.
If confirmed, will you ensure that quantum initiatives supported and
coordinated by OSTP are inclusive of the variety of quantum computing
(annealing and gate model systems), quantum sensing, quantum
communications, and networking technologies available today?
Answer. If confirmed, I will ensure that the quantum initiatives
supported and coordinated by OSTP are aligned with the National
Strategic Overview for Quantum Information Science and subsequent
strategy documents on quantum sensing, communications, and networking
authored by technical quantum experts across the Federal interagency.
Question 2. Sen. Blackburn and I previously introduced bipartisan
legislation to establish a ``sandbox-style'' initiative for emerging
technologies (quantum, AI, machine learning, autonomy, and more) aimed
at developing applications quickly that help advance our domestic
industrial base and provide small businesses access to emerging
technologies. If confirmed, will you support this type of public-
private partnership and other efforts to develop and accelerate near-
term quantum applications?
Answer. I believe ``sandbox-style'' initiatives for emerging
technologies that remove barriers to the development, testing, and
evaluation of emerging technologies can help advance nascent industries
and support the domestic industrial base for those technologies. If
confirmed, I look forward to supporting innovative public-private
partnerships that leverage the best of government, industry, and
academia to develop and accelerate quantum technologies for the benefit
of the American people.
Question 3. I represent two prestigious DOE national labs dedicated
to advancing scientific discovery and protecting our national security.
Do you commit to advocating for the National Labs and the resources
necessary for them to continue their essential R&D and national
security missions?
Answer. I believe the DOE National Laboratories are the crown
jewels of the Federal research and development enterprise. If
confirmed, I look forward to supporting the National Labs to continue
their R&D mission in support of our national security and scientific
advancement.
Question 4. Should industry and government partners be investing in
developing innovative technology to solve spectrum challenges of today
and prepare for new challenges down the line?
Answer. Both industry and government have an important role to play
in developing innovative technology to solve the spectrum challenges of
today and the future.
Question 5. Do you believe improving interagency coordination is
important to improving the Federal government's spectrum policy and
strategy?
Answer. I believe interagency coordination is always important when
multiple agencies have roles and responsibilities in the formulation of
policy and strategy surrounding a particular technological issue. If
confirmed, I look forward to supporting interagency coordination
efforts on spectrum policy.
______
Response to Written Questions Submitted by Hon. John Hickenlooper to
Michael Kratsios
Federal researchers deliver the scientific breakthroughs and key
medical treatments our country relies on. Colorado is a state with a
deep and historic scientific enterprise, with labs for the Department
of Energy, the National Institute of Standards and Technology, the
National Telecommunications and Information Administration, and the
National Oceanic and Atmospheric Administration. Reports of thousands
of Federal researchers being laid off based on factors unrelated to
their performance is deeply troubling. Our scientific enterprise
strengthens our national security and propels our economy forward.
Question 1. Mr. Kratsios, when you look at these layoffs to
researchers and scientists, what message do you believe this sends to
the international community and young aspiring scientists? What is your
strategic plan to strengthen STEM education programs across the Federal
scientific enterprise to attract more K-12 students to pursue STEM
pathways?
Answer. STEM Education is critically important to our Nation's
continued leadership in science and technology. If confirmed, I will
support efforts to promote and advance STEM education through multi-
sector partnerships, ecosystem development, and the removal of barriers
to participation in STEM pathways.
Question 2. While AI is already showing its potential for
increasing productivity, there is also ongoing concern that AI will
cause disruptions to our existing workforce. How will you approach the
challenge of preparing the U.S. workforce for the AI-enabled economy,
including through education, apprenticeships, and retraining programs?
Answer. AI is transforming the workforce, and it's important to
assess its impact on jobs and skills development. If confirmed, I will
support efforts to explore strategies that help workers adapt to
technological changes, including through education, training, and
workforce development initiatives.
In your prior role in the Trump Administration, you led the White
House's implementation of the National Quantum Initiative. Colorado is
home to world-leading quantum research at academic institutions and in
the private sector. Quantum technology has the potential to
revolutionize medical drug discovery, supercharge artificial
intelligence, strengthen cybersecurity, and support our transition to
clean energy. The Elevate Quantum Tech Hub, based in Colorado, New
Mexico, and Wyoming, has built a diverse array of leaders in academia,
workforce development, and private industry to expand workforce
training and commercial-scale manufacturing for quantum technologies in
the Mountain West. Additionally, Colorado is home to cutting edge
quantum information science research being conducted at JILA, which is
a longstanding collaboration between CU Boulder and NIST.
Question 3. How will you continue to support the development of the
next generation of quantum scientists our Nation needs to maintain
global competitiveness?
Answer. If confirmed, I look forward to supporting Federal research
and development initiatives that train the next generation of quantum
scientists and provide them access to Federal research resources, such
as our Federally funded quantum testbeds, that will prepare them to
contribute to American leadership in quantum information science.
Question 4. How will you lead OSTP to coordinate Federal R&D
activities to complement the work of hubs of innovation across the
country?
Answer. If confirmed, I look forward to building a team of
technical experts at OSTP and working with our interagency partners
through the National Science and Technology Council to coordinate
Federal research and development initiatives.
Question 5. How can OSTP help turn scientific breakthroughs into
game-changing commercial technologies and companies?
Answer. I believe OSTP has an important role in developing and
implementing strategies that support research and development, remove
unnecessary barriers to innovation, promote workforce development, and
lead international development of standards and regulations. These
actions can support turning scientific breakthroughs into commercial
technologies and ensuring American science and technology leadership on
a global stage.
Question 6. Small businesses are leading much of the innovation in
the quantum realm. Under the first Trump Administration, the National
Quantum Presidential Advisory Council included small business
innovators, academics, and key government offices. In what ways can
OSTP and Federal innovation policies support small businesses in the
quantum sector to help maintain and advance American leadership in
quantum technology?
Answer. Federal policies can support small businesses in quantum
and other emerging technology areas by increasing their access to
Federal research and development funding and resources, removing
unnecessary administrative burdens, and training the next generation of
quantum scientists and innovators.
Question 7. You played a key role in crafting the Trump
Administration's original AI policies. These included the February 2019
Executive Order on Maintaining American Leadership in Artificial
Intelligence, which highlighted the ways that developing thoughtful
Federal standards can help drive the widespread adoption of AI
technologies throughout industry. The National Institute of Standards
and Technology has already published the AI Risk Management Framework
that has been embraced by industry, and NIST continues their work in
this realm.
If confirmed as OSTP Director, how do you plan to build on this
work to advance standards for responsible AI research, development, and
deployment?
Answer. AI research and development will not lead to the adoption
of AI systems if those systems do not have the trust of the American
people. If confirmed, I will seek to develop additional technical
standards for the development and deployment of AI systems and to issue
non-regulatory guidance to improve public trust in AI systems.
Question 8. How will you ensure that AI development in the U.S. is
both innovative and secure, given the administration's emphasis on
removing regulatory barriers?
Answer. I do not believe there is an inherent tradeoff between
advancing AI innovation and developing secure AI systems. If confirmed,
I will ensure that Administration efforts to remove unnecessary
barriers to innovation do so while maintaining the security standards
needed for AI systems.
Question 9. The U.S.-China Economic and Security Review Commission
submitted its annual report to Congress in November 2024. As part of
the Commission's review, it found substantial evidence that the United
States and China are fiercely competing in the subdomains of quantum
sensing, quantum communications, and quantum computing. As you know,
the Congress has to reauthorize the National Quantum Initiative Act to
guide Federal R&D efforts, promote translation of quantum technologies
to commercial applications, and invest in workforce training.
If confirmed to lead OSTP, what is your specific plan to promote
U.S. advancements in the specific fields of quantum sensing, quantum
communications, and quantum computing?
Answer. If confirmed, I will ensure that the quantum initiatives
supported and coordinated by OSTP are aligned with the National
Strategic Overview for Quantum Information Science and subsequent
strategy documents on quantum sensing, communications, and networking
authored by an interagency group of technical experts.
Question 10. What recommendations would you provide Congress on how
to strengthen and increase the resiliency of the quantum supply chain,
including hardware?
Answer. It is critically important that the United States maintains
a secure, resilient quantum supply chain, including hardware in order
to ensure continued American leadership in quantum information science.
Doing so will require collaboration across stakeholders in industry,
academia and Government to identify and fill gaps in technology,
standards, and workforce.
______
Response to Written Questions Submitted by Hon. Lisa Blunt Rochester to
Michael Kratsios
Question 1. Do you believe AI systems are biased? As Director of
OSTP, would you focus resources and attention on the issue of bias in
AI?
Answer. AI systems can produce inconsistent results either due to
structural deficiencies in system design or the use of unrepresentative
datasets during training. Engineers of AI systems should ensure that
the systems they develop are designed appropriately for their specific
use case.
Question 2. Do you believe AI literacy is important for Americans?
How will you work to promote AI literacy?
Answer. If confirmed, I will work towards equipping workers with
the skills needed for AI-enabled job opportunities.
Question 3. What role do you think OSTP should play in strategic
planning and coordination to prepare the workforce for an economy that
is increasingly impacted by AI?
Answer. OSTP has an important role to play in coordination across
the Federal government, academia, and private sector to ensure that our
workforce is prepared for the jobs of the future, including AI and AI-
enabled occupations.
Question 4. Do you think OSTP has a role in promoting and advancing
STEM education as a strategy to ensure that our country has sufficient
technical talent to lead and compete with adversaries like China?
Answer. Yes. If confirmed, I will support efforts to promote and
advance STEM education to ensure that the United States has the
sufficient technical talent to lead and compete with our adversaries
and strategic competitors.
Question 5. Delaware has a robust life science, biotechnology, and
precision medicine ecosystem. What is your vision for promoting U.S.
leadership in these areas and other strategic and emerging science and
technologies?
Answer. In general, for biotechnology as well as other emerging
technology areas, I believe it is important to develop and implement
strategies that support research and development, remove unnecessary
barriers to innovation, promote workforce development in these sectors,
and lead international development of standards and regulations.
Question 6. Do you think biotechnology and life science should be
represented on the President's Council of Advisors on Science and
Technology?
Answer. Yes.
Question 7. What role do you see for OSTP in supporting
entrepreneurship?
Answer. OSTP has an important role to play in fostering an
innovation ecosystem by supporting policies that empower startups and
``little tech,'' including ensuring their access to Federal resources
and reducing barriers to technology development.
Question 8. A top priority of mine is securing our supply chains. I
have been working on a bipartisan basis with Ranking Member Cantwell
and Senator Blackburn on legislation to promote supply chain
resilience. In your past roles, you have been mainly focused on
technologies like AI and quantum.
Do you see a role for OSTP in helping secure our supply chains?
Answer. Ensuring resilience in and securing our supply chains for
emerging technologies is critically important. If confirmed, I look
forward to supporting interagency efforts to secure our supply chains.
Question 9. Over the last several years, OSTP has worked to advance
climate and environmental justice priorities. Delaware is the lowest
lying state in the Union, making us particularly vulnerable to rising
sea levels and climate change.
If confirmed as the President's top scientific advisor, would you
advise dedicating technical resources to help improve climate
resilience?
Answer. If confirmed, I will support interagency efforts to
coordinate with states so that they are adequately prepared to address
natural disasters and severe weather.
______
Response to Written Questions Submitted by Hon. John Thune to
Mark Meador
Question 1. Advanced artificial intelligence (A.I.) is a
revolutionary technology that has the potential to improve health care,
agriculture, logistics, supply chains, and countless other industries.
How would you approach A.I. regulation to protect consumers, harness
major advancement, and limit government intervention?
I endorse the principles articulated by Vice President Vance in his
February 11, 2025 remarks before the Paris AI Action Summit. If
confirmed, I will work with Chairman Ferguson, my fellow commissioners,
and FTC staff to protect competition within the AI space and ensure
that consumers are not harmed by unfair or deceptive conduct that uses
AI tools.
Question 2. Will you commit to working with this committee on a
light-touch, pro-innovation legislative framework for A.I.?
Answer. Yes.
Question 3. The Federal Trade Commission's section 6(b)
investigative authority provides much needed transparency about data
practices of large tech companies to consumers. What are your views on
the FTC using this authority to provide transparency about some of the
practices of the largest technology companies?
Answer. The FTC's 6(b) authority is an incredibly valuable tool
that allows the agency to better understand how markets operate,
ensuring that its enforcement efforts are efficient and well-informed,
and to provide expert guidance to Congress. If confirmed, I look
forward to working with Chairman Ferguson, my fellow commissioners, and
FTC staff to consider future uses of the agency's 6(b) authority that
may inform its enforcement and assist legislators.
______
Response to Written Questions Submitted by Hon. Jerry Moran to
Mark Meador
1. Refocusing the Commission
Mr. Meador, I have been concerned about the direction of the FTC
over the past four years. During this time, the FTC has:
pursued significant regulatory changes that encroach on
Congress's legislative duties;
departed from long-standing precedents guiding mergers and
acquisitions policies that help create a pro-competition
business environment in the US; and
harmed the bipartisan work of the Commission by politicizing
agency processes.
These changes have impacted the FTC ability to perform their
essential consumer protection functions and significantly harmed morale
at the Commission.
Mr. Meador, if confirmed, how do you plan to address the
concerns I have laid out?
Answer. If confirmed, I will work closely with Chairman Ferguson,
my fellow commissioners, and FTC staff to ensure that the agency's
enforcement efforts adhere to our statutory authorities, reflect sound
law and policy, and advance the interests of the American people.
2. Enforcement Approach
The FTC has a dual mandate of promoting competition and protecting
consumers. The previous administration's record of aggressive antitrust
enforcement over-deterred mergers and acquisitions, resulting in a
sudden and sharp decline in startup acquisitions by large companies,
and an enormous drop in overall acquisitions of smaller startups, which
detriments consumers by limiting access to products and services.
For example, research shows that from mid-to-late 2021 through
2024, antitrust authorities were pursuing a ``process is the
punishment'' approach to antitrust enforcement. In Fiscal Year 2022
alone, the FTC and DOJ Antitrust collectively filed at least 50 merger
enforcement actions, the highest rate in two decades. As a result,
acquiring startups virtually ceased. In the technology industry, from
2011 and into early 2021, companies acquired more than a dozen startups
every year. Yet, in 2022 and 2023, they collectively acquired just
three startups per year. And in the first half of 2024, they
collectively acquired zero startups.
In fact, the exit valuations of all startups declined and the
shutdown rate for startups increased massively. In the late 2010s, the
median company exit multiple for tech startups was between 0.7 to 0.8-
the median startup exit was an acquisition at a slight loss for venture
capital investors. In 2023 and the first half of 2024, it was zero-
meaning the median startup exit was no longer an acquisition, but a
shutdown and total loss.
Mr. Meador, can you share your philosophy on enforcement--
how would you decide when to pursue litigation versus
negotiation with companies?
Answer. The FTC should be prepared to litigate any matter where it
believes there has a been a violation of the law that has harmed
consumers. In some cases, the most efficient and effective way to
protect consumers will be to enter into a negotiated settlement with a
defendant, known as a consent decree. The FTC should always remain open
to consent decrees where they can effectively protect consumers from
the harm at issue, but at the same time should be willing to litigate
to a verdict where necessary.
Do you agree that overly rigorous antitrust enforcement
stunts the growth and success of innovative small businesses?
Answer. Rigorous antitrust enforcement is essential to maintaining
the competitive markets that promote innovation, entry by new
competitors, and benefit consumers. Markets and consumers are harmed,
however, by under-or overenforcement that strays from the law.
Given the recognized importance of frontier technologies and
long-term U.S. economic growth, innovation, and technological
leadership, what steps will you take to provide clarity and
predictability to antitrust enforcement to ensure that they
continue to draw investment and innovation?
Answer. If confirmed, I will work closely with Chairman Ferguson,
my fellow commissioners, and FTC staff to ensure that we are providing
all appropriate guidance to the business community regarding the
agency's enforcement policies.
Will you commit to antitrust enforcement that will focus on
the interest of consumers and will not have a negative impact
on consumer prices and small businesses?
Answer. Ensuring that antitrust enforcement benefits consumers and
competition should always be at the forefront of every enforcement
decision.
What steps will you take to remove regulatory taxes that
your agency placed on businesses during the last
administration?
Answer. If confirmed, I will work closely with Chairman Ferguson,
my fellow commissioners, and FTC staff to ensure that the agency is not
imposing any unnecessary burdens on parties appearing before the
Commission. The FTC should protect competition and consumers by
enforcing the laws written by Congress, not by abusing administrative
processes.
Will you reimplement guidance to help businesses ensure that
they are complying with the antitrust laws and avoid the risk
of an investigation?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to fully and fairly enforce each of the
laws that Congress has given the agency to execute.
Those enforcement efforts should follow the text of the relevant
statutes, and priority should be given to matters that present the
greatest risk to American consumers.
3. Challenges to U.S. Trade Leadership
Over-enforcement and ex-ante digital regulatory experiments in
Europe, like the Digital Markets Act, have already resulted in initial
harms to consumers and businesses. We have also seen that innovative
companies have delayed or halted launches of new products entirely in
the EU. For example, Apple and Meta have delayed the launch of certain
AI services in Europe as a result of the increased regulatory burdens
imposed by the DMA.
President Trump recently criticized Europe for its regulatory
approach, exemplified by the DMA, that is unfairly targeting U.S. tech
firms. This type of regulatory overreach risks undermining the
transatlantic cooperation that has helped to ensure the United States
and our allies lead in the global technology race. China is also
targeting U.S. tech companies, using antitrust as a tool to undermine
America's technology leadership.
Mr. Meador, how would you work to counterbalance these
challenges to American leadership?
Answer. American law enforcers and regulators should always put
America first. If confirmed, I will work closely with Chairman
Ferguson, my fellow commissioners, and FTC staff to advance the
interests of the American people.
What role can your agency play in preventing these
regulatory regimes from spreading to additional countries?
Answer. The FTC should focus on enforcing American laws, to protect
American consumers. Precious taxpayer resources should never be spent
on helping other nations regulate American companies. If confirmed, I
will work with Chairman Ferguson, my fellow commissioners, and FTC
staff to ensure that the FTC is focused on putting America first.
Will you distinguish yourself from the prior administration
on the way the agency worked with USTR on promoting innovation
and competition abroad by standing up for American companies in
multilateral fora?
Answer. It is paramount that all Executive Branch agencies put
America first. If confirmed, I will work with Chairman Ferguson, my
fellow commissioners, and FTC staff to ensure the agency follows this
approach.
4. Competition in General
American leadership across all industries, particularly in digital
markets, is being challenged by regulatory regimes worldwide that are
intent on picking winners and losers. These experimental regulatory
regimes, like the European Union's Digital Markets Act, penalize
businesses and consumers alike through higher costs and may result in
reduced innovation.
U.S. antitrust enforcers should carefully consider how overly
burdensome rules and regulations can stifle innovation and
entrepreneurialism. Robust competition that prioritizes benefits to
consumers, rather than competitors, is fundamental to ensure America's
continued global leadership in dynamic and innovative markets.
The U.S. is the leading global exporter of innovative new
technology, and home to many start-ups and small businesses,
particularly in the tech sector. These startups, which have been
paramount in advancing the technological leadership of the U.S., rely
heavily on mergers to support their products getting into consumers'
hands and to continue to attract essential early-stage investment.
Likewise, the focus on consumer welfare has been the foundation of our
antitrust analysis for decades, and with it, the U.S. has led the world
with a highly competitive and innovative technology industry.
Mr. Meador, what steps will you take to ensure that
enforcement of the antitrust laws does not stifle innovation
and reduce consumer benefits?
Answer. If confirmed, I will work closely with Chairman Ferguson,
my fellow commissioners, and FTC staff to ensure that all agency
enforcement actions are undertaken to promote the welfare of consumers.
Will you commit to reviving the consumer welfare standard as
the agency's guiding principle?
Answer. The welfare of consumers must always be the north star of
antitrust enforcement. If confirmed, I will work closely with Chairman
Ferguson, my fellow commissioners, and FTC staff to ensure that all
agency enforcement actions are undertaken to promote the welfare of
consumers.
Will you commit to ensuring that your agency will use its
taxpayer-funded resources to pursue cases only when they risk
harm to consumers?
Answer. If confirmed, I will work closely with Chairman Ferguson,
my fellow commissioners, and FTC staff to ensure that all agency
enforcement actions are undertaken to promote the welfare of consumers.
What policies and guidelines should be prioritized to ensure
that antitrust enforcement in the U.S. does not impede
innovation and consumer benefits?
Answer. If confirmed, I look forward to consulting with Chairman
Ferguson, my fellow commissioners, and FTC staff to evaluate all
ongoing enforcement efforts to determine what steps we can take to best
protect innovation and consumers.
In recent years we have also seen increased international
regulatory and enforcement scrutiny against merger activity by
predominantly U.S. firms, particularly in digital markets. As
international competition enforcers increase their focus on
American tech firms, what steps can be taken to preserve
America's global competitive advantage in these areas?
Answer. If confirmed, I will work closely with Chairman Ferguson,
my fellow commissioners, and FTC staff to ensure that all agency
enforcement actions are consistent with our statutory authority and in
the interests of consumers.
5. Regulations
Many have raised concerns about the changes to the new HSR
premerger notification rules and their disparate negative impact on
small businesses and start-ups. These rules will considerably increase
costs and time to prepare for a merger notification. While larger
companies can afford to comply with the extra document procurement and
work hours, small businesses and start-ups will likely struggle to meet
the increased demands. The new rules have also been challenged in court
for violating the Administrative Procedures Act as being unnecessary
and overly burdensome.
With the final rule for the HSR premerger notification form now in
effect, it will also expand the scope of documents required to be
submitted, and increase the time for merging parties to prepare for a
filing by up to 121 additional hours per filing according to the FTC--a
number that many companies that actually prepare these filings suggest
is too low--increasing the time and resources needed for the Agencies
to review these proposed deals.
The new HSR rules result in a substantial amount of additional
information being produced to the agencies and will require additional
time by staff to review these filings. The FTC opened an investigation
into 2 percent of mergers for which it received an HSR in 2024 and
issued Second Requests to fewer than that.
Mr. Meador, given that over 95 percent of notified merger
transactions do not present a competitive risk, is this the
best use of the Agency's resources?
Will you commit to repealing the new HSR rules, and to work
with the FTC to restart the rulemaking process in order to
adopt a new rule that does not negatively impact merger
activity?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed I will work closely with Chairman
Ferguson, my fellow commissioners, and FTC staff to ensure that the
agency's merger review process is both efficient and effective.
6. Data Privacy
In previous Congresses, I have sponsored legislation establishing a
strong Federal data privacy standard for Americans that also provides
certainty to businesses that collect and process consumer data.
I believe it is important for Americans to control how their data
is collected and used by companies, and I think there is a growing
national security argument for a strong Federal standard for data
privacy and security. The situation with TikTok and recent large-scale
cyberattacks have shown how dire the situation for consumer data is in
this country.
Mr. Meador, do you agree that a Federal data privacy and
security law is needed to protect Americans' data?
If directed by the law, do you believe the FTC would be able
to enforce such a standard, assuming appropriate guidelines are
in place to prevent overreach by the Commission?
Answer. Protecting Americans' data is incredibly important. If
confirmed, I look forward to working with you and your office--as well
as Chairman Ferguson, my fellow commissioners, and FTC staff--to ensure
the FTC has all of the tools it needs to protect American consumers and
enforce the laws written by Congress.
7. Artificial Intelligence/DeepSeek
DeepSeek's emergence in the AI race has sparked concerns over the
United States' ability to maintain its lead in this critical
technology. In remarks on January 30, 2025, FTC Commissioner Melissa
Holyoak argued that ``we must avoid slowing innovation in artificial
intelligence through misguided enforcement actions.'' She went on to
observe that ``[w]e have a vested interest in keeping America first
when it comes to AI technology.''
Mr. Meador, do you agree with Commissioner Holyoak on the
importance of encouraging innovation and keeping America first
when it comes to AI?
Answer. Innovation is incredibly important, and America must be the
leader in AI.
8. Elder Fraud/Stop Senior Scams Act
In 2023, individuals aged 60 and older reported losses exceeding
$3.4 billion due to scams, marking an 11 percent increase from the
previous year.
In 2022, Congress passed the Stop Senior Scams Act, a bill that I
introduced with Senator Casey. This law tasks the FTC with setting up
an advisory group focused on senior scams and aims to enhance
coordination between the Federal government, businesses, and consumer
advocacy groups to protect seniors from scams.
Mr. Meador, considering that older Americans face
disproportionate financial losses from scams--with estimates of
billions lost and significant underreporting--what concrete
initiatives or policy changes do you plan to champion at the
FTC to strengthen enforcement and improve outreach to protect
our vulnerable seniors from these sophisticated fraud schemes?
Answer. If confirmed, I will consult with Chairman Ferguson, my
fellow commissioners, and FTC staff to get up to speed on the agency's
current enforcement efforts in this area and ensure that we are doing
everything we can to protect American consumers.
9. Future Consumer Protection Issues
Mr. Meador, what consumer protection challenges do you
believe the FTC should address in the coming years? How does
the rise of new technologies, including artificial
intelligence, influence the focus of the FTC?
Answer. As I observed in my opening remarks, ``One of the FTC's
most important missions in the years to come will be using its consumer
protection authority to safeguard families from those seeking to take
advantage of the most vulnerable.'' Protecting our children is of the
utmost importance, especially as attempts to take advantage of them are
turbocharged by AI.
______
Response to Written Questions Submitted by Hon. Dan Sullivan to
Mark Meador
Question 1. The antitrust statutes are famously brief. They don't
say ``big is bad,'' nor that all mergers are bad. However, the focus on
consumer welfare has been the foundation of our antitrust analysis for
decades. From mid-to-late 2021 through 2024, antitrust authorities were
pursuing a ``process is the punishment'' approach to antitrust
enforcement. In Fiscal Year 2022 alone, the FTC and DOJ Antitrust
collectively filed at least 50 merger enforcement actions, the highest
rate in two decades.
These actions ran the gambit from providing a chilling effect on
innovation, resulting in a sudden and sharp decline in tech startup
acquisitions by large companies, to also focusing on the necessary
actions to monitor consumer welfare, such as the Albertsons-Kroger
merger which would have had unique impacts on Alaska.
Alaskans were concerned about how this now cancelled merger would
affect consumer prices, the state's food security, and Alaskan
employees and their union contracts. The FTC found that the merger
would likely reduce competition and raise prices--putting further
strain on working families in our state
The FTC must strike a balance as it uses its taxpayer-funded
resources to pursue cases only when they risk harm to
consumers, and not stifle innovation and consumer benefits.
What steps will you take to ensure that enforcement of the
antitrust laws does not stifle innovation and reduce consumer
benefits?
What do you think is the appropriate goal of antitrust
enforcement?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to fully and fairly enforce each of the
laws that Congress has given the agency to execute. Those enforcement
efforts should follow the text of the relevant statutes, and priority
should be given to matters that present the greatest risk to American
consumers.
Question 2. The public and U.S. markets have historically benefited
from FTC's role to protect the public from deceptive or unfair business
practices and from unfair methods of competition.
Under the last Administration, Chair Lina Khan chose to use the FTC
to score political wins, through costly, unwinnable litigation based on
dubious legal theories, and through expansive, burdensome, and overly
prescriptive rulemaking.
If confirmed as Commissioner, how will you prioritize what
rulemakings need to be rescinded, and which litigation should
be dismissed?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed I will work closely with Chairman
Ferguson, my fellow commissioners, and FTC staff to ensure that any FTC
rulemakings or enforcement actions are based on clear statutory
authority and in the interests of American consumers.
Question 3. The geopolitical threat China poses is acute when it
comes to high technology. Whether it's national security or economic
security, America must remain ahead of China in developing and
deploying cutting-edge technologies.
How should the threat posed by China be incorporated in
antitrust analysis, so that we ensure American consumers
benefit from competition, while our leading U.S. tech companies
are globally competitive against foreign rivals?
Given the recognized importance of frontier technologies and
long-term U.S. economic growth, innovation, and technological
leadership, what steps will you take to provide clarity and
predictability to antitrust enforcement to ensure that they
continue to draw investment and innovation?
Answer. American antitrust enforcers must ensure that foreign firms
are not violating our antitrust laws to gain an unfair advantage over
American companies. They must also ensure that American markets remain
competitive so that our free-market economy continues to lead in
technological innovation and development.
______
Response to Written Questions Submitted by Hon. John Curtis to
Mark Meador
Question 1. Last fall, a week after election day, the Biden
Administration's Federal Trade Commission (FTC), issued final
amendments to the Negative Option rule. Utahns are concerned that the
Negative Option rule will not only harm our country's growing
subscriptions economy, but that it will curb innovation and impose
unnecessarily stringent requirements on legitimate American businesses,
all to the detriment of consumers.
Many companies impacted by the Negative Option Rule have best
practices around their subscription-based services so that their
customers have an experience that is transparent and flexible to meet
their needs and budgets. In her dissent to this rule, FTC Commissioner
Holyoak noted, ``the Rule's breadth incentivizes companies to avoid
negative option features that honest businesses and consumers find
valuable'' and that ``even honest businesses will have reason to
reconsider the use of negative option billing now that it means
subjecting themselves to potential civil penalties for misreading
Commission tea leaves.'' She also notes that parts of the rule
``ultimately, may harm consumers.''
Mr. Meador, do you agree with Commissioner Holyoak's
statements? Why?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed I will work closely with Chairman
Ferguson, my fellow commissioners, and FTC staff to ensure that any
agency rulemakings are based on clear statutory authority and in the
interests of American consumers.
Question 2. Another item of concern for me on the Negative Option
Rulemaking was its failure to follow proper procedure in finalizing the
rule. Again, looking to Commissioner Holyoak's dissent, she notes that,
for multiple reasons she is ``convinced that this rulemaking has failed
to satisfy [the FTC Act] Section 18's requirements for rulemaking.'' It
is crucial to me and the people of my state that our Federal Government
is not side stepping the official rule making process in releasing
regulation, such as this one.
As an FTC Commissioner, will you work to ensure that the FTC
will not take short cuts in its rule making process in the
future?
Answer. Yes.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
Mark Meador
FTC Independence. The Federal Trade Commission (FTC) was designed
to be an independent, bipartisan Commission. As a result, FTC
Commissioners often disagree on issues before them and frequently issue
dissents on matters when they are in the minority. And thanks to the
for-cause removal protections Congress provided in the FTC Act, these
expert Commissioners have traditionally been free to vote their
conscience on matters before the Commission using their independent
judgment and expertise about whether the FTC laws have been violated
and should be enforced.
Question 1. Mr. Meador, do you believe that having a bipartisan
group of Commissioners strengthens the FTC?
Answer. The FTC has a strong tradition of consensus-building. If
confirmed, I look forward to continuing that practice.
Question 2. Do you believe it is important for Commissioners to be
able to issue dissents--without fear of being removed by the President?
Answer. I believe it is important that the Executive Branch be
accountable to the American people through the President that they
elect.
Question 3. Do you think a Commissioner should ever be fired for
issuing a dissent?
Answer. I will defer to the President on personnel matters within
the Executive Branch.
Following the law. In an interview with my staff, you affirmed that
you knew that the oath you would take as an FTC Commissioner is to
uphold the Constitution, and that it is not an oath of loyalty to the
President. However, when Senator Duckworth asked at your nomination
hearing if you would commit not to carrying out an illegal order by the
president, you declined three times to make that commitment. That is
deeply concerning.
Question 4. If the president ordered you to do something illegal,
would you refuse?
Answer. I do not believe that such a situation would actually
occur, but I would uphold my oath to defend the Constitution.
Question 5. Do you believe the Executive Branch must comply with
the law?
Answer. The FTC must enforce all duly enacted laws that Congress
gives it to enforce, and must follow all laws to which it is subject.
Question 6. Do you believe the Executive Branch must comply with
lawful court orders?
Answer. Subject to the right to appeal, parties that appear before
a court of lawful jurisdiction are bound by the decisions of that
court.
Information Privacy and Confidentiality. The FTC regularly handles
sensitive information about consumers and confidential business
information, including information that could be highly valuable to
competitors and investors, such as merger filings before the mergers
are made public.
Question 7. Can you commit to keeping information at the FTC
confidential under the privacy laws governing this information?
Answer. I will follow all applicable laws, including the
confidentiality restrictions applicable to the FTC.
Question 8. Can you confirm that includes keeping information
confidential where required under the relevant privacy laws from the
so-called Department of Government Efficiency, Elon Musk, and his
affiliates, which is especially important given the sensitive
information the FTC may hold about Musk's competitors?
Answer. I will follow all applicable laws, including the
confidentiality restrictions applicable to the FTC.
Privacy and online safety. Americans are becoming more and more
reliant on technology, and privacy and data security couldn't be more
important.
Question 9. Do you believe the FTC has sufficient authority and
resources to protect American's privacy and online safety?
Answer. If confirmed, I will work closely with you and your office
and with Chairman Ferguson, my fellow commissioners, and FTC staff to
ensure that we are doing everything we can to protect Americans'
privacy and online safety.
Question 10. Would you support a comprehensive Federal privacy law
that gives individuals a privacy right that they can enforce in court?
Answer. I defer to Congress on the best way to update the law to
protect Americans' privacy. If confirmed, I will work closely with you
and your office and with Chairman Ferguson, my fellow commissioners,
and FTC staff to ensure that we are doing everything we can to protect
Americans' privacy and online safety.
Question 11. If no, why not?
Answer. See above.
Protecting Renters and Homeowners. The FTC's mission is to protect
consumers and promote competition. In the housing market, a lack of
competition and transparency can hurt both renters and buyers. The FTC
recently took action against a large landlord of single-family homes
for deceptive and unfair practices including charging hidden fees to
tenants and withholding security deposits.
Question 13. What additional actions do you believe the FTC should
be taking to protect competition and prevent unfair and deceptive
practices in markets for rental housing and home ownership, including
extending its Junk Fees Rule to long-term rental housing, examining
private listing networks, policing algorithmic price fixing, and any
additional actions you believe the FTC should prioritize?
Answer. Protecting competition in the housing market to help keep
housing affordable is of critical importance. While I cannot prejudge
any matter that may appear before me as a Commissioner, if confirmed I
will work closely with Chairman Ferguson, my fellow commissioners, and
FTC staff to ensure that we do everything we can to protect competition
in this space.
13(b). For 40 years prior to the AMG decision in 2021, if a
business unlawfully took money from consumers, the FTC could go to
court with its 13(b) authority and force the business to give it back
to consumers. From 2016 to 2020, the FTC returned over $33 million to
consumers in Washington state, benefiting over 220,000 people. And
that's just one state.
At your nomination hearing, you stated that you ``think it's
incredibly important that the Federal Trade Commission have the ability
to return money to consumers who have been harmed.''
Question 14. Do you support restoration of the FTC's 13(b)
authority to order refunds for consumers in consumer protection and
competition cases?
Answer. While I ultimately defer to Congress on how best to enable
the FTC to obtain monetary redress for consumers, if confirmed I will
work closely with you and your office and with Chairman Ferguson, my
fellow commissioners, and FTC staff to provide guidance on this
question based on the FTC's enforcement experience and expertise.
Question 15. What limits, if any, would you advise Congress to
place on the FTC's ability to get consumer refunds?
Answer. See above.
______
Response to Written Questions Submitted by Hon. Amy Klobuchar to
Mark Meador
Question 1. It only takes a few seconds of audio to clone a voice
using artificial intelligence (AI), and criminals can pull the sample
from public sources like social media. As a result, AI-enabled scams
are becoming far too common. We need to make sure our consumer
protection enforcers are prepared to respond to the growing threat of
voice cloning scams.
If confirmed, what will you do to help combat deceptive
practices facilitated by AI technologies?
Answer. It is incredibly important that the FTC be vigilant in
protecting consumers from deceptive practices turbocharged by AI. If
confirmed, I will work closely with Chairman Ferguson, my fellow
commissioners, and FTC staff to assess the agency's current enforcement
tools and resources to ensure that we are doing everything we can to
protect American consumers.
Question 2. The Federal Trade Commission recently issued a Staff
Report on artificial intelligence (AI) partnerships and investments by
large technology companies.
Do you share any of the concerns outlined in the report?
If confirmed, what role do you believe the Federal Trade
Commission should play in ensuring markets within the AI
technology stack are competitive?
Are there areas related to AI that you believe merit further
investigation by the Federal Trade Commission?
Answer. It is essential to ensuring America's leadership in AI that
the FTC do everything it can to protect competition in AI markets,
whether through merger review or policing anticompetitive conduct.
Question 3. Last September, I wrote to the Federal Trade Commission
to raise concerns with the Federal Trade Commission that some large
language models take content from creators without compensation, such
as local journalists, to create artificial intelligence (AI) systems
that compete directly with those creators.
Do you agree that using one's content without compensation
or permission to create products that compete directly against
that content creator could be an unfair method of competition
or a deceptive act or practice?
Answer. While I cannot prejudge any matter that may appear before
me as a Commissioner, if confirmed I will work closely with Chairman
Ferguson, my fellow commissioners, and FTC staff to ensure that the
agency is doing everything it can to protect consumers and competitors
from anticompetitive and unfair or deceptive conduct in AI markets.
Question 4. There have been legislative proposals to remove the
Federal Trade Commission (FTC)'s authority to enforce competition laws
by moving the Bureau of Competition to the Justice Department, which I
believe would undermine enforcement efforts.
As a Commissioner, would you oppose any efforts to dismantle
the FTC's Bureau of Competition and gut the FTC's authority to
root out ``unfair methods of competition'' on behalf of
consumers and small businesses?
Do you agree that such a proposal could only be done through
legislation and not by Executive Order?
Answer. If confirmed, I will defer to Congress and the President
regarding any proposal to restructure our antitrust enforcement
efforts.
______
Response to Written Questions Submitted by Hon. Brian Schatz to
Mark Meador
On February 18, 2025, President Trump announced an Executive Order
(EO) entitled, ``Ensuring Accountability for All Agencies.'' The EO
institutes an unprecedented requirement for direct presidential
oversight over actions and strategic plans by independent agencies,
including the Federal Trade Commission (FTC).
Question 1. As Commissioner, will you commit to upholding the
independence of decision making at the FTC?
Answer. If confirmed, I will serve the American people by working
to advance the agenda of the President they elected.
AI-generated scams, impersonations, voice-cloning, and deepfakes
can lead to financial losses and privacy violations for consumers,
especially for vulnerable populations such as senior citizens.
Question 2. What do you believe is the role of the FTC in ensuring
that consumers are protected from AI-generated scams and fraud?
The FTC should ensure that it is fully and fairly enforcing its
existing statutory authorities to protect consumers from all forms of
fraud.
Question 3. Will you commit to ensuring that the FTC takes adequate
enforcement actions to protect consumers from AI-generated scams and
fraud?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to ensure that the agency is doing
everything it can to protect American consumers.
In your testimony, you noted the ongoing affordability crisis and
the importance of the FTC in protecting consumers from predatory
practices.
Question 4. Will you commit to protecting FTC rules that would
lower consumer costs and provide improved transparency to consumers
about unexpected financial charges, such as the ``Click-to-Cancel''
rule?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to ensure that the agency is doing
everything it can to protect American consumers.
The FTC develops public-facing consumer advice, including resources
about how to best protect kids online.
Question 5. Will you commit to ensuring that the FTC continues to
develop and, as needed, update resources related to kids' online
safety?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to ensure that the agency is doing
everything it can to protect kids online.
______
Response to Written Questions Submitted by Hon. Edward Markey to
Mark Meador
Question 1. Over the past years the Federal Trade Commission has
required companies to delete their algorithms created with improperly
obtained data. Do you support the Commission using this practice as a
way to address improper data collection?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to ensure that all remedies in FTC matters
are both effective and appropriate.
Question 2. Do you believe that bias and discriminatory artificial
intelligence is a problem?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to ensure we are doing everything we can
to protect American consumers and promote a vibrant and competitive AI
ecosystem.
Question 3. If confirmed, what is your plan to address biased and
discriminatory artificial intelligence, especially in critical areas
such as health care, education, employment, and criminal justice?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to ensure we are doing everything we can
to protect American consumers and promote a vibrant and competitive AI
ecosystem.
Question 4. Do you believe that companies have an obligation to
test, address, or measure its algorithms before deployment in order to
determine whether it discriminates or is biased against protected
characteristics?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to ensure we are doing everything we can
to protect American consumers and promote a vibrant and competitive AI
ecosystem.
Question 5. Do you believe that companies have an obligation to
monitor its algorithms after deployment in order to determine whether
it discriminates or is biased against protected characteristics?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed, I will work with Chairman Ferguson, my
fellow commissioners, and FTC staff to ensure we are doing everything
we can to protect American consumers and promote a vibrant and
competitive AI ecosystem.
Question 6. If confirmed, what is your plan to address companies
that market and sell AI in a way that is misleading to the public?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to ensure we are doing everything we can
to protect American consumers and promote a vibrant and competitive AI
ecosystem.
Question 7. Do you believe it is within the Commission's
jurisdiction to investigate and address algorithmic discrimination?
Answer. The FTC has the duty to prevent unfair methods of
competition and prevent unfair or deceptive trade practices, including
in AI markets.
Question 8. Do you believe that companies that use facial
recognition technologies have an obligation to consider and mitigate
risks related to misidentification of individuals, especially related
to protected characteristics?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed, I will work with Chairman Ferguson, my
fellow commissioners, and FTC staff to ensure we are doing everything
we can to protect American consumers and promote a vibrant and
competitive AI ecosystem.
Question 9. Do you believe that companies have an obligation to
test, assess, measure, document, or inquire about the accuracy of its
facial recognition tools before deployment, including seeking
information from the vendor the technology was procured?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed, I will work with Chairman Ferguson, my
fellow commissioners, and FTC staff to ensure we are doing everything
we can to protect American consumers and promote a vibrant and
competitive AI ecosystem.
Question 10. Do you believe that companies have an obligation to
regularly monitor or test the accuracy of its facial recognition tool
after its deployment?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed, I will work with Chairman Ferguson, my
fellow commissioners, and FTC staff to ensure we are doing everything
we can to protect American consumers and promote a vibrant and
competitive AI ecosystem.
Question 11. Do you believe that companies have an obligation to
adequately train employees tasked with operating facial recognition
tools around the generation of false positives and bad matches?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed, I will work with Chairman Ferguson, my
fellow commissioners, and FTC staff to ensure we are doing everything
we can to protect American consumers and promote a vibrant and
competitive AI ecosystem.
Question 12. If confirmed, do you believe you serve the American
people or President Trump?
Answer. If confirmed, I will serve the American people by working
to advance the agenda of the President they elected.
Question 13. FTC Chairman Andrew Ferguson has indicated that
independent agency leadership should ``answer to the President,'' and
the Trump administration has asserted the same in a recent executive
order. Do you agree?
Answer. I believe it is important that the Executive Branch be
accountable to the American people through the President that they
elect.
Question 14. Do you believe that FTC commissioners should exercise
independent judgement or defer to the preferences of the White House?
Answer. I believe it is important that the Executive Branch be
accountable to the American people through the President that they
elect.
Question 15. FTC Chairman Andrew Ferguson has indicated that he
will prioritize prosecuting companies who have adopted diversity,
equity, and inclusion policies. Do you agree with this priority?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to ensure that the FTC is fully enforcing
all of its statutory authorities to protect American consumers from any
harm prohibited by those laws.
Question 16. Chairman Ferguson has said he will prioritize
investigating and prosecuting companies who choose not to advertise on
certain platforms. Do you agree with this priority?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to ensure that the FTC is fully enforcing
all of its statutory authorities to protect American consumers from any
harm prohibited by those laws.
Question 17. Chairman Ferguson has pledged to wield the FTC's
investigative authority to, quote, ``fight back against the trans
agenda'' and investigate doctors and hospitals who provide treatment to
transgender patients of all ages. Do you think this is a proper use of
the FTC's authority?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to ensure that the FTC is fully enforcing
all of its statutory authorities to protect American consumers from any
harm prohibited by those laws.
Question 18. FTC Chairman Andrew Ferguson announced a new policy
this month that would prohibit FTC political appointees from holding
leadership roles in the American Bar Association, participating in ABA
events, or renewing their ABA memberships. Do you agree with this
policy?
Answer. Yes.
Question 19. If confirmed, do you plan on remaining a member of the
American Bar Association?
Answer. No.
Question 20. Modern modes of transportation, especially cars,
collect, use, and share many types of sensitive information, such as
location, photos, audio, and video recordings. In many instances, this
collection and use of this information is not disclosed to the driver
and passengers of a vehicle.
Last year, I called upon the Federal Trade Commission to
investigate these invasive and deceptive data collection practices. If
confirmed, will you commit to looking into this issue to protect
consumer privacy?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to ensure that the agency is doing
everything it can to protect Americans' privacy.
Question 21. During the last administration the Commission held
regular open meetings, which drove public engagement to record levels.
If confirmed, would you support resuming these open meetings?
Answer. I will defer to Chairman Ferguson on scheduling Commission
meetings.
Question 22. Please describe your plans on how you plan on ensuring
the Commission is hearing directly and proactively reaching out to
consumers, workers, business owners, technological experts, impacted
communities, and other stakeholders?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to ensure that the agency is hearing from
all relevant stakeholders as it carries out its statutory obligations.
Question 23. Do you believe it is constitutional to ban children
and/or teens from social media?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed, I will work with Chairman Ferguson, my
fellow commissioners, and FTC staff to ensure we are doing everything
we can to protect children.
Question 24. Do you believe that a social media platform's
algorithmic ranking of content constitutes the speech of the platform?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed, I will work with Chairman Ferguson, my
fellow commissioners, and FTC staff to ensure we are doing everything
we can to protect American consumers.
Question 25. Do you believe that a social media platform's content
moderation decisions constitute the speech of the platform?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed, I will work with Chairman Ferguson, my
fellow commissioners, and FTC staff to ensure we are doing everything
we can to protect American consumers.
Question 26. Do you believe that private communications between
employees of the Federal government and social media platforms related
to content moderation decisions or rules and the algorithmic ranking of
content can violate the rights of the platform's users? If so, please
describe the circumstances and/or conditions under which those
communications would be unconstitutional?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed, I will work with Chairman Ferguson, my
fellow commissioners, and FTC staff to ensure we are doing everything
we can to protect American consumers.
Question 27. Do you believe that formal actions by Federal agencies
to investigate the content moderation decisions or rules or algorithmic
ranking of content on social media platforms could be unconstitutional?
If so, please describe the circumstances and/or conditions under which
those actions would be unconstitutional?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed, I will work with Chairman Ferguson, my
fellow commissioners, and FTC staff to ensure we are doing everything
we can to protect American consumers.
Question 28. Do you believe that the public statements of an FTC
commissioner around the content moderation decisions or rules or
algorithmic ranking of content on social media platforms could be
unconstitutional? If so, please describe the circumstances and/or
conditions under which those statements would be unconstitutional?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed, I will work with Chairman Ferguson, my
fellow commissioners, and FTC staff to ensure we are doing everything
we can to protect American consumers.
Question 29. What concerns do you have related to the
financialization of the health care sector?
Answer. Having a competitive health care sector is of critical
importance to all Americans, and is an enforcement priority I have been
focused on my entire career. While I cannot prejudge any matter that
may come before me as a Commissioner, if confirmed, I will work with
Chairman Ferguson, my fellow commissioners, and FTC staff to ensure we
are doing everything we can to protect competition within the health
care industry.
Question 30. What steps would you take to regulate private equity
in the health care sector?
Answer. Please see my response to question 29.
Question 31. What additional measures would you take to increase
transparency in health care ownership provider (nursing homes,
hospitals, etc.) as it relates to private equity?
Answer. Please see my response to question 29.
Question 32. To what extent should private equity firms be held
responsible for decisions that undermine health care safety, quality,
and access?
Answer. Please see my response to question 29.
Question 33. What reforms do you plan to pursue related to hospital
consolidation?
Answer. Please see my response to question 29.
Question 34. How would you address private equity's health care
market consolidation through smaller transactions that often evade FTC
enforcement?
Answer. Please see my response to question 29.
Question 35. What plans do you have to address private equity's
practices that create significant debt or financial distress among the
entities it purchases (for example, selling hospital or nursing home
real estate to real estate investment trusts and requiring hospitals
pay untenable lease payments)?
Answer. While I cannot prejudge any matter that may come before me
as a Commissioner, if confirmed, I will work with Chairman Ferguson, my
fellow commissioners, and FTC staff to ensure we are doing everything
we can to protect competition.
Question 36. Will you work with the Department of Justice,
Department of Treasury, Department of Health and Human Services, and
the Department of Labor on matters related to the role of private
equity in health care?
Answer. If confirmed, I will work with Chairman Ferguson, my fellow
commissioners, and FTC staff to coordinate our enforcement efforts with
all appropriate stakeholders, including any relevant part of the
Executive Branch.
______
Response to Written Questions Submitted by Hon. John Hickenlooper to
Mark Meador
Data is a key driver of a 21st century economy. The average
American household has at least 17 internet-connected devices,
including TVs, smart assistants, and phones. Each internet-connected
device uses and relies on data. Today, 20 states (including Colorado)
have a statewide privacy law. Among these state laws, each has a
different definition for what counts as ``sensitive data.'' Some
examples include data that reveal biometrics, religious beliefs, or
affiliations with various organizations.
Question 1. In order to establish a consistent definition for the
kinds of data that companies should be expected to protect, what do you
believe the definition of ``sensitive data'' should include?
Answer. The definition of ``sensitive data'' in proposed
legislation is a policy question best left to Congress, and I will
defer to the decision reached by Congress on this important matter. If
confirmed, I look forward to working with you and your staff as well as
Chairman Ferguson, my fellow commissioners, and FTC staff to provide
guidance and feedback where helpful.
Question 2. While some consumers may not be aware of the lack of a
Federal privacy law, most are painfully aware of when their data is
part of a data breach. As data breaches increase, we must take every
measure to give consumers control over what businesses do with their
data.
What kinds of transparency rules should data brokers be subject to?
Should data brokers be required to disclose themselves in a public
registry?
Answer. Protecting Americans' privacy is incredibly important.
While I cannot prejudge any matter that may come before as a
Commissioner, if confirmed, I look forward to working with Chairman
Ferguson, my fellow commissioners, and FTC staff to ensure we are doing
everything we can to protect American consumers.
Question 3. States are leading legislation and enforcement of data
privacy protections for consumers, including robust state privacy laws
in Colorado and Texas. The Texas Attorney General filed a lawsuit
against a company for collecting data about the location and driving
habits of its customers without consent, allegedly violating the Texas
Data Privacy and Security Act. Collecting and selling sensitive
personal data increases the risk of consumers' data being stolen by a
cyberattack or used to directly harm an individual.
In the absence of a Federal consumer data privacy law, do you
believe that the FTC currently has the necessary enforcement
authorities to protect consumers against invasive data collection
practices involving the unauthorized collection and sale of geolocation
data?
Answer. If confirmed, I look forward to working with Chairman
Ferguson, my fellow commissioners, and FTC staff to review the FTC's
current enforcement efforts and ensure that the agency has all the
tools it needs to adequately protect American consumers.
______
Response to Written Question Submitted by Hon. Lisa Blunt Rochester to
Mark Meador
Question. In 2023, scams targeting seniors caused over $3.4 billion
in losses. Scams are only getting more frequent and advanced with AI.
We have many older adults in Delaware. In the House, I worked with
partners like AARP and passed bipartisan legislation to help ensure we
are protecting and preparing our seniors. Due to my bill's passage, an
advisory group was started at the FTC to focus on fighting scams
against older adults.
Will you commit to continuing this work? What are your biggest
concerns when it comes to fraud and scams against older adults?
Answer. Protecting senior citizens is an incredibly important
mission for the FTC. If confirmed, I will work with Chairman Ferguson,
my fellow commissioners, and FTC staff to ensure we are doing
everything we can to protect American consumers.
[all]