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

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

S. Hrg. 117-714

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

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

HEARING

before the

COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE

ONE HUNDRED SEVENTEENTH CONGRESS

FIRST SESSION

__________

APRIL 21, 2021

__________

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

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

Available online: http://www.govinfo.gov

_______

U.S. GOVERNMENT PUBLISHING OFFICE

53-087 PDF WASHINGTON : 2024

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED SEVENTEENTH CONGRESS

FIRST SESSION

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

C O N T E N T S

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

Witnesses

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

Appendix

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

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

----------

WEDNESDAY, APRIL 21, 2021

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

STATEMENT OF HON. BILL NELSON,

NOMINEE TO BE ADMINISTRATOR,

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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

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

a. biographical information
1. Name (Include any former names or nicknames used): C. William
``Bill'' Nelson.
2. Position to which nominated: National Aeronautics and Space
Administration (NASA) Administrator.
3. Date of Nomination: March 24, 2021.
4. Address (List current place of residence and office addresses):

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

5. Date and Place of Birth: September 29, 1942; Miami, Florida.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).

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

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

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

8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.

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

Florida Governor Reubin Askew, Legislative Assistant, 1971

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

Florida House of Representatives, Representative, 1972-1978

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

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

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

U.S. Senate, Senator, 2001-2018

9. Attach a copy of your resume.
Full employment history above.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years.
Member of the NASA Advisory Council, 2019--present. I am inactive
in this position due to this nomination and will resign upon
confirmation.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.

Bill Nelson, LLC (sole proprietor)

Lockheed Martin Space Systems, Strategic Advisory Group member

Relativity Space, Advisor

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

Lake Nona Country Club, 2013 to present

Association of Space Explorers, 1990 to present

The Florida Bar, 1968 to present

Yale Alumni Association 1966 to present

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

Member/supporter, Florida Democratic Party; uncompensated

Member/support, Democratic Senatorial Campaign Committee;
uncompensated

Joe Biden for President, surrogate, uncompensated

Nelson for Senate, candidate

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

Doctor of Laws, Nova Southeastern University

Doctor of Laws, Rollins College

Doctor of Laws, Bethune-Cookman University

Doctor of Science, Florida Institute of Technology

Doctor of Science, Embry-Riddle Aeronautical University

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

17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
Book
Mission: An American Congressman's Voyage to Space (book, 1988)
Articles

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Instagram: Senator Bill Nelson (dormant)

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

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

Managing program costs and schedule

All of these are needed for NASA to accomplish its missions, remain
the premier space agency, and continue to enjoy wide-spread support
across the country and world.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
My arrangements, agreements, and other dealings are described in my
Public Financial Disclosure report which the Office of Government
Ethics has provided to the Committee.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain.
No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. Explain how you will
resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
NASA ethics officials and the Office of Government Ethics to identify
any potential conflict of interest. Any potential conflict of interest
will be resolved according to the terms of the ethics agreement that I
have entered into with NASA's Designated Agency Ethics Official, and I
understand the agreement will be provided to this Committee. I am not
aware of any potential conflict of interest other than those identified
in my ethics agreement. In the event that an actual or potential
conflict of interest arises during my appointment, I will consult with
NASA's ethics officials and take the actions necessary to resolve the
conflict.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated. Explain how you will resolve
each potential conflict of interest.
Any potential conflicts of interest have been identified in my
ethics agreement, which will be provided to the Committee, and will be
resolved in accordance with the terms of that ethics agreement.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
I am not aware of any other potential conflicts of interest that
may arise other than those identified in my ethics agreement. However,
should a conflict arise during my appointment, I will consult with
NASA's ethics officials and take the actions necessary to resolve the
conflict.
6. Describe any activity during the past ten years, including the
names of clients represented, in which you have been engaged for the
purpose of directly or indirectly influencing the passage, defeat, or
modification of any legislation or affecting the administration and
execution of law or public policy.
Not applicable.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
No.

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

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

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

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

2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. No.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______

Attachment
Bill Nelson Senate Floor Statements
2018
January 3, 2018, space mention

January 19, 2018, Remembering Captain John Young

February 6, 2018, Falcon Heavy Rocket

March 13, 2018, NASA mention

April 18, 2018, Nomination of The Honorable Jim Bridenstine

November 29, 2018, NASA mention

December 6, 2018 NASA mention

December 10, 2018, America's Space Program

December 19, 2018, space mention

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

January 31, 2017, NASA mention

April 26, 2017, NASA mention

May 4, 2017, NASA Funding

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

July 17, 2017, NASA mention

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

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

February 3, 2016, NASA mention

February 9, 2016, NASA budget

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

March 15, 2016, NASA mention

June 9, 2016, NDAA

June 15, 2016, space mention

July 13, 2016, NASA mention

September 21, 2016, NASA legislation

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

March 26, 2015, NASA mentions

April 7, 2015, Dr. Dava Newman nomination

June 9, 2015, NASA mention

June 10, 2015, NASA funding

June 15, 2015, America's Space Program

October 27, 2015, NASA mention

October 28, 2015, Commercial Space Bill

September 30, 2015, NASA mention

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

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

March 10, 2014, space

March 13, 2014, NASA mention

March 14, 2014, NASA mention

April 29, 2014, NASA mention

June 5, 2014, NASA mention

June 18, 2014 NASA mentions

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

September 11, 2014, David Radzanowski

December 4, 2014, ``ORION'' Spacecraft

December 8, 2014, ``ORION'' Spacecraft

December 12, 2014, space program

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

June 7, 2013, NASA mention

July 25, 2013, NASA

July 31, 2013, NASA Authorization

October 1, 2013, NASA funding

October 7, 2013, NASA mention

October 9, 2013, NASA funding

October 11, 2013, NASA funding

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

February 3, 2011, NASA

February 8, 2011, NASA Authorization amendment

March 29, 2011, NASA mention

April 7, 2011, NASA mention

June 30, 2011, NASA mention

July 12, 2011, Space Shuttle Launch

July 22, 2011, the space program

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

March 8, 2010, the Space Program

July 12, 2010, NASA Authorization

July 20, 2010, NASA Authorization

December 2, 2010, NASA
2009
February 3, 2009

April 24, 2009, NASA

March 10, 2009, NASA mention

March 16, 2009, Space Shuttle launch

June 1, 2009, NASA nominees

July 9, 2009, NASA hearing

July 15, 2009, GEN Charles F. Bolden nomination

July 20, 2009, Apollo Moon Landing Anniversary

September 16, 2009, NASA funding

October 8, 2009, NASA funding

October 28, 2009, Successful Rocket Test

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

April 29, 2008, NASA funding

May 2, 2008, NASA mentions

May 8, 2008, NASA funding

May 21, 2008, NASA mention

July 30, 2008, NASA

September 25, 2008, NASA Authorization

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

February 28, 2007, Space Station Safety Report

October 4, 2007, NASA funding

October 16, 2007, NASA funding

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

June 21, 2005, NASA Authorization

July 21, 2005, NASA amendment

July 25, 2005, NASA mention

November 4, 2005, NASA mention

December 21, 2005, NASA Authorization Act

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

June 8, 2004, Space Shuttle Challenger

September 7, 2004, NASA funding

September 8, 2004, NASA mention

September 13, 2004, NASA

September 14, 2004, NASA mention

September 28, 2004, NASA mention

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

March 7, 2003, NASA mention

June 11, 2003, NASA mention

August 1, 2003, Space Shuttle

October 15, 2003, Astronauts

October 30, 2003, space

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

October 17, 2002, NASA

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

July 10, 2001, human space flight funding

July 11, 2001, NASA mention

August 2, 2001, America's Space Program

April 23, 2001, NASA mention

June 27, 2001, NASA mention
______

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

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

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

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

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

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

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

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

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

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

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

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

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

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

March 18, 2010--Assessing Commercial Space Capabilities

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

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

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

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

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

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

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

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

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

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

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

November 15, 2007--Issues Facing the U.S. Space Program After
Retirement of the Space Shuttle
______

Bill Nelson House of Representatives Floor Statements
House Addresses
1979
March 28, 1979, supplemental appropriations

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

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

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

April 26, 1983, NASA

July 21, 1983, satellites

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

March 28, 1984, NASA

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

January 26, 1985, satellite

April 1, 1985, space commercialization

April 3, 1985, NASA authorization

April 24, 1985, Space Tax Investment Equity Act

April 30, 1985, international cooperation

May 1, 1985, space cooperation

May 14, 1985, space technology

July 17, 1985 Apollo-Soyuz

July 26, 1985, International Space Year

November 20, 1985, NASA Authorization Act

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

January 29, 1986, Challenger

February 4, 1986, Challenger

March 10, 1986, Challenger II

April 8, 1986, Sharon C. McAuliffe

April 28, 1986, Young Astronaut Program Medal Act

August 11, 1986, NASA

August 12, 1986, NASA

August 14, 1986, Space Shuttle program

August 15, 1986, Assured Access to Space Act

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

October 18, 1986, NASA Appropriations

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

January 22, 1987, space

January 28, 1987, Challenger Accident Commemoration

February 3, 1987, National Challenger Center Day

March 4, 1987, Kennedy Space Center

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

January 22, 1988, space station

May 24, 1988, space policy

May 25, 1988, NASA

October 13, 1988, Discovery Space Shuttle

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

July 19, 1989, satellites

September 21, 1989, NASA

September 26, 1989, commercial space

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

October 7, 1990, NASA

October 25, 1990, NASA Appropriations

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

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

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

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

a. biographical information
1. Name (Include any former names or nicknames used): Lina Khan.
2. Position to which nominated: Commissioner, Federal Trade
Commission.
3. Date of Nomination: March 24, 2021.
4. Address (List current place of residence and office addresses):

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

5. Date and Place of Birth: March 3, 1989; London, UK.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).

Spouse: Shah Ali, Faculty (Assistant Instructor), University of
Texas Southwestern Medical Center

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

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

8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.

Columbia Law School, Associate Professor, 2020 to present

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

Columbia Law School, Academic Fellow, 2018-2019

Federal Trade Commission, Legal Fellow, 2018

Open Markets Institute, Legal Director, 2017-2018

Yale University, Graduate Teaching Assistant, 2016

Consumer Financial Protection Bureau, Enforcement Intern,
Summer 2016

Cohen Milstein Sellers & Toll, Summer Associate, Summer 2016

Gupta Wessler, Summer Associate, Summer 2015

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

Center for Strategic & International Studies, Intern, 2011

White & Case, Legal Assistant, 2010

9. Attach a copy of your resume.
See attachment.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years. None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.

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

Member, New York State Bar Association, 2020 to present

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

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

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

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

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

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

Washingtonian 40 Under 40 (2020)

National Journal 50 (2019)

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

Wired25 (2019)

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

Foreign Policy ``Global Thinkers'' (2018)

Politico 50 (2018)

17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
Academic Publications:
The End of Antitrust History Revisited, 133 Harvard Law
Review 1655 (2020)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PubWest, Annual Conference (Keynote, Feb. 2019)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Twitter: @linamkhan (active)

Facebook: Lina Khan (dormant)

Instagram: @linamkhan (dormant)

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

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

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

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

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

2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain.
I will take an unpaid, two-year leave of absence from my faculty
position, Associate Professor of Law, at Columbia Law School, Columbia
University. Leave is typically granted for two years but can be
extended.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. Explain how you will
resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the U.S. Office of Government Ethics and the Federal Trade Commission's
Designated Agency Ethics Official to identify potential conflicts of
interest. If confirmed, any potential conflicts of interest will be
resolved in accordance with the terms of the ethics agreement that I
have entered into with the Commission's Designated Agency Ethics
Official. I am not aware of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated. Explain how you will resolve
each potential conflict of interest.
In connection with the nomination process, I have consulted with
the U.S. Office of Government Ethics and the Federal Trade Commission's
Designated Agency Ethics Official to identify potential conflicts of
interest. If confirmed, any potential conflicts of interest will be
resolved in accordance with the terms of the ethics agreement that I
have entered into with the Commission's Designated Agency Ethics
Official. I am not aware of any other potential conflicts of interest.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the U.S. Office of Government Ethics and the Federal Trade Commission's
Designated Agency Ethics Official to identify potential conflicts of
interest. If confirmed, any potential conflicts of interest will be
resolved in accordance with the terms of the ethics agreement that I
have entered into with the Commission's Designated Agency Ethics
Official. I am not aware of any other potential conflicts of interest.
6. Describe any activity during the past ten years, including the
names of clients represented, in which you have been engaged for the
purpose of directly or indirectly influencing the passage, defeat, or
modification of any legislation or affecting the administration and
execution of law or public policy.
As counsel to the House Judiciary Committee, my responsibilities
included providing substantive advice and technical assistance to
members of Congress on potential legislative reforms to the antitrust
laws and oversight of Federal agencies. As legal director of the Open
Markets Institute, I was solicited by congressional staffers to provide
substantive advice and technical assistance relating to the
administration and execution of antitrust laws and competition policy.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:

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

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

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

d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. No.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

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

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

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

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

a. biographical information
1. Name (Include any former names or nicknames used):

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

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

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

5. Date and Place of Birth: February 26, 1959; New York, New York.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).

Spouse: Paul J. Kiernan, Holland & Knight LLP, Suite 1100, 800
17th Street, NW, Washington, D.C. 20006.
Children: Caroline Kiernan (29), Katherine Kiernan (27),
Christopher Kiernan (24), William Kiernan (19).

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

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

8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9. Attach a copy of your resume.
Attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years. None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
In addition to the positions identified in response to item 8,
above:

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

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

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

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

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

Maryland State Bar Association (1986 to present).

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

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

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

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

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

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

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

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

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

16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements. None.
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
Publications:
``The Criminal Enforcement of Federal Campaign Finance and
Election Laws: Chapter 18,'' Eleanor H. Smith, Steven M. Salky,
and Leslie Berger Kiernan, Thomson West's Political Activity,
Lobbying Laws and Gift Rules Guide 3d (multiple editions)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Not applicable.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain.
No, not applicable.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain.
No, not applicable.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain.
No, not applicable.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain.
No, not applicable.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistleblowers from reprisal for
their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______

Resume of Leslie B. Kiernan
EXPERIENCE
THE WHITE HOUSE, EXECUTIVE OFFICE OF THE PRESIDENT
SPECIAL COUNSEL, OFFICE OF THE WHITE HOUSE COUNSEL
FEBRUARY 2021-PRESENT

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

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

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

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

Government-advisory firm in federal-court lawsuit

Businesses and individuals in COVID-19 legal matters

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

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

Government-advisory firm and multinational corporation
in compliance matters

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

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

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

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

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

Represent health insurers in Affordable Care Act
lawsuits

Represent device manufacturer in HHS/CMS litigation

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

Represent current and former government officials in
investigative and civil matters

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

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

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

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

Advise on variety of legal and policy issues

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

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

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

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

Counsel to Office of the First Lady

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

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

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

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

Conduct internal investigation for university into
allegations of financial impropriety

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

Represent large law firm in Inspector General
investigation

Represent former bank president in criminal,
regulatory and shareholder litigation

Represent public-relations firm in Foreign Agents
Registration Act investigation

Represent former financial institution CFO in multiple
enforcement and civil proceedings

Represent international labor union in congressional,
civil and criminal proceedings

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

Represent Members of Congress in ethics-committee
investigations

Represent former Congressman in Department of Justice
investigation

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

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

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

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

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

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

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

EDUCATION

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

SENIOR ARTICLES EDITOR, GEORGETOWN LAW JOURNAL

MEMBER, GEORGETOWN LAW JOURNAL

INSTRUCTOR, LEGAL RESEARCH AND WRITING PROGRAM

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

BAR ADMISSIONS

ADMITTED TO PRACTICE IN THE DISTRICT OF COLUMBIA AND MARYLAND

COMMUNITY ACTIVITIES AND OTHER EXPERIENCE

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

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

Vice Chair, Board of Directors, July 2019-present

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

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

Member, Audit Committee, January 2017-present

Member, Executive Compensation Committee, January
2017-present

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

Member, IT Committee, Fall 2018-Fall 2020

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

PUBLIC DEFENDERS' SERVICE FOR THE DISTRICT OF COLUMBIA

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

CHILDREN'S LAW CENTER, WASHINGTON, DC

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

Member, Emeritus Board, May 2020-present

PARTNERSHIP FOR PUBLIC SERVICE, WASHINGTON, DC

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

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

PUBLICATIONS, TEACHING, PANEL PARTICIPATION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A P P E N D I X

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

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

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

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

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

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

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

Question 4. If confirmed as NASA Administrator, would you work to
ensure NASA properly safeguard, store, index, manage and make publicly
available these historical assets?
Answer. Yes, and I look forward to being briefed on the current
status of NASA's historic assets.
______

Response to Written Questions Submitted by Hon. Kyrsten Sinema to
Hon. Bill Nelson
University Partnerships. As you know, I was Ranking Member on the
Aviation and Space Subcommittee last year. I worked hard to champion
university partnerships with NASA, to ensure projects remain on time
and under budget. Our Arizona universities do excellent work with NASA,
and I look forward to those strong relationships continuing.

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

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

Question 2. Can you commit to keeping the mission moving forward
and to keeping my team updated on the status of the mission as it
progresses?
Answer. Yes. The key to any strategy for responding to hazardous
asteroids is early detection. I look forward to being briefed on the
status and progress of the Near-Earth Object Surveillance Mission, and
I will certainly keep you updated as the mission progress
______

Response to Written Question Submitted by Hon. Jacky Rosen to
Hon. Bill Nelson
Artemis. Senator Nelson, as NASA continues forward on the Artemis
project, what will you do to ensure competition within the HLS mission
to ensure that we continue to enhance innovation, keep costs low, and
reach the moon and cislunar space?
Answer. If confirmed as Administrator, my goal is a competition for
multiple lunar landers from multiple companies for the next phase of
the HLS program. Competition in this program will drive innovation,
cost savings, and give NASA the best possible chance to create a
sustainable lunar exploration program that prepares us for eventual
crewed missions to Mars. I look forward to working with the Congress to
ensure NASA has the resources to enable competition for this program.
______

Response to Written Questions Submitted by Hon. Ben Ray Lujan to
Hon. Bill Nelson
Flight Opportunities Program and the Suborbital Crew Program. Mr.
Nelson, two programs of particular interest to my home state of New
Mexico are the Flight Opportunities Program and the Suborbital Crew
Program. As you know, the Flight Opportunities Program has successfully
worked with commercial suborbital companies to fly research payloads to
space. In addition, the Flight Opportunities program recently released
a call that allows those non-NASA researchers to propose human-tended
payloads for flight through the program.

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

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

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

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

Question 3. Do you agree that continued improvements to America's
spaceports are needed to grow not only our industry partnerships, but
also for safe and sustainable government use?
Answer. It is critical that the U.S. have more than one way to
access space, and I support continued improvements to our launch
infrastructure to ensure such access. If demand for access to space
continues to grow, it seems likely that more launch providers will
explore using commercial spaceports to mitigate scheduling conflicts
and congestion as exiting launch sites. NASA will continue to work with
launch providers to assess their capabilities and the feasibility of
flying NASA payloads on these launch systems.
______

Response to Written Questions Submitted by Hon. Roger Wicker to
Hon. Bill Nelson
Question 1. NASA's Infrastructure
In 2020, Hurricane Zeta struck the Gulf Coast and caused
significant damage to NASA infrastructure at Stennis Space Center and
the Michoud Assembly Facility. According to NASA, these repairs will
cost just over $174 million. These facilities represent irreplaceable
national assets and the backbone of NASA's spacecraft manufacturing and
test capabilities. Will you work to ensure that these facilities are
repaired?
Answer. Yes, I will work with the Congress to address NASA's
massive infrastructure needs, including damage at Stennis Space Center
and the Michoud Assembly Facility caused by Hurricane Zeta. Over 80
percent of NASA 5,000 buildings and structures are beyond their
constructed design life. Maintenance issues and facility failures
directly impact NASA's missions and employee safety, which is
unacceptable.

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

Question 3. STEM
As you know, one of the most powerful tools for building America's
future STEM workforce is the broad portfolio of STEM education and
engagement activities that NASA supports. We have had conversations in
this committee recently about ensuring that U.S. science investment is
spread evenly across educational and research institutions in more
states. Similarly, NASA's STEM efforts should strive to spread
opportunities across the Nation and leverage growing commercial
spaceflight capabilities. Programs such as the flight opportunities
program and suborbital crew program further this goal by making space
more accessible for education and research. Do you support programs
such as Flight Opportunities and Suborbital Crew to expand spaceflight
access?
Answer. Yes. The flight opportunities program has supported flight
demonstrations for hundreds of technology demonstrations. This has the
dual benefit of giving more sub-orbital spaceflight opportunities to
researchers and growing business for new suborbital companies. NASA
recently announced non-NASA researchers could fly on suborbital flights
to tend to their payload. On my shuttle flight, I performed 12
experiments in orbit, so I understand the value of human-tended
experiments.
______

Response to Written Questions Submitted by Hon. Ted Cruz to
Hon. Bill Nelson
Question 1. Senator Nelson, during your confirmation hearing I
asked you about fully utilizing the International Space Station beyond
2024 and at least through 2030. While I know you answered the question
at the time, I wanted to ask it again to give you an opportunity to
respond in writing and to further expand on your answer.
Do you support the full utilization of the ISS beyond 2024 and at
least through 2030, as long as technology allows the ISS to be safely
utilized?
Answer. As noted during the hearing, in 2018 I joined you on
legislation to extend ISS to 2030. Given the significant taxpayer
investment in this incredible asset and the benefits to NASA and the
public of ISS-based research, I believe we should maximize use of the
ISS. I look forward to being briefed on the technical feasibility of
extending ISS to 2030, because as you note, the safety of our people in
space is the top priority.
From cancer drugs to robotic surgery, research performed on ISS has
already improved life on Earth. With the regular transport of U.S.
astronauts to ISS by two commercial providers, I believe NASA may be
able to increase the number of astronauts on station performing
research and development activities. In addition, studies performed on
ISS are helping NASA determine how we can safely live and work further
and further from Earth, which is critical for human exploration of the
Moon and eventually Mars.
We all know the ISS cannot safely remain in orbit indefinitely, but
I think it's important that the U.S. continue to have access to low-
Earth orbit. Private companies are developing commercial space
stations, and NASA may eventually be one of many customers on a
commercial space station. These companies can use ISS to help develop
these capabilities.
______

Response to Written Questions Submitted by Hon. Dan Sullivan to
Hon. Bill Nelson
Question 1. Senator Nelson, as space access becomes more frequent
and less cost prohibitive, our existing commercial and government
launch infrastructure in the U.S. will be relied upon to absorb the
increased demand. What role do you see commercial spaceports, like the
state-owned Pacific Spaceport Complex--Alaska, playing in future access
to space?
Answer. If demand for access to space continues to grow, it seems
likely that launch providers will explore using commercial spaceports
to mitigate scheduling conflicts and congestion as exiting launch
sites.

Question 2. Senator Nelson, assuming compliance with our
international space partnerships, do you think NASA should be
prioritizing launches from spaceports on U.S. soil?
Answer. I believe, consistent with Title 51 Section 50131 of U.S.
code, NASA should acquire space transportation services from United
States commercial providers.
______

Response to Written Questions Submitted by Hon. Richard Blumenthal to
Lina M. Khan
Anticompetitive nature of pharmaceutical rebate walls. As a result
of continued consolidation in the pharmaceutical industry, patients
today face a number of hurdles in accessing innovative, affordable
prescription drugs. In some circumstances, this access is foreclosed
because of pharmaceutical ``rebate walls''--a tactic that prevents
healthcare plans from choosing the lowest cost and most efficacious
drugs--leading to higher prices.

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

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

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

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

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

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

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

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

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

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

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

Question 9. If confirmed as FTC Commissioner, can you commit to
quickly meeting with relevant advocacy groups to learn how you can
protect communities of color during your tenure?
Answer. Yes, if confirmed I would be committed to soliciting input
from relevant advocacy groups to learn how the FTC could better protect
communities of color.
______

Response to Written Questions Submitted by Hon. Brian Schatz to
Lina M. Khan
Data Collection. In your testimony, you expressed concerns about
the behavioral advertisement-based business models that are
``reinforcing advantages of data collection'' and the way these
business models incentivize companies to collect more data from their
consumers often to the consumers' detriment.

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

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

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

Question 3. How would requiring online platforms to provide more
transparency and accountability about their content moderation
practices benefit consumers?
Answer. Black-box algorithms and opaque decision-making processes
can obscure from public view the realities of how certain products and
services are functioning. Providing additional transparency could help
mitigate some of these basic information gaps, aiding public research
and accountability.
______

Response to Written Question Submitted by Hon. Raphael Warnock to
Lina M. Khan
Counterfeit Goods. Counterfeit goods are a pressing concern for
Georgia's businesses and consumers. Counterfeit products take advantage
of consumer confidence and can endanger public health, especially when
they are manufactured using faulty or illegal components and processes.
Counterfeit products also harm businesses by abusing the name, brand,
and value of trusted and well-known businesses in Georgia. The sale and
purchase of counterfeit goods costs Georgia consumers and businesses
millions of dollars each year, with many of these transactions taking
place on online platforms that I know you have studied extensively.

Question. Ms. Khan, what steps would you take as FTC commissioner
to protect Georgia's consumers and businesses from counterfeit
products?
Answer. Counterfeit products harm both consumers and honest
businesses. Investigative reporting has suggested that e-commerce
platforms may turn a blind eye to--or, in some cases, may even
facilitate or encourage--counterfeit products. The FTC should ensure it
understands the business incentives facing e-commerce platforms and
should focus enforcement efforts on entities that are most profiting
from the prevalence of counterfeits.
______

Response to Written Questions Submitted by Hon. Roger Wicker to
Lina M. Khan
Question 1. Privacy and Challenges with Duty of Loyalty
Requirements
Ms. Khan, last Congress, I introduced the SAFE DATA Act with
Senators Thune, Blackburn, and Fischer. This legislation would provide
consumers with strong data privacy rights and protections, and it would
establish clear rules of the road for businesses across the country.
Do you support Congress developing bipartisan data privacy
legislation that establishes strong data protections for consumers and
clear rules for businesses to follow?

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

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

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

Question 3. FTC Contact Lens Rule
Ms. Khan, eye doctors have complained that some online sellers use
automated robocalls to take advantage of the current ``passive
verification'' system to sell consumers contact lenses not prescribed
by their eye doctor. In your view, what if anything, can the FTC do to
address the problem of robocalls in the contact lens regime's passive
verification system?
Answer. On June 23, 2020, the Commission announced final amendments
to the Contact Lens Rule. The rule included updates to requirements on
sellers seeking to verify prescriptions from prescribers. If confirmed,
I would seek to hear from eye care professionals about the impact the
recent amendment to the rule may be having on their business, including
whether the rule is contributing to robocalls received by eye doctors.
Understanding potential obstacles faced by eye care practitioners seems
especially important given that many independent practitioners have
struggled during the pandemic.
______

Response to Written Questions Submitted by Hon. Jerry Moran to
Lina M. Khan
Question 1. Given the recent Supreme Court decision to limit the
FTC's authority under Section 13 of the FTC Act, what factors should
Congress consider when deciding whether and how to bolster the FTC's
authorities under this Section? What limitations to the authorities
should be considered?
Answer. Over the last few decades, the FTC has used Section 13(b)
of the FTC Act to secure billions of dollars in relief for victims of
unlawful conduct, including anticompetitive pharmaceutical practices,
telemarketing fraud, privacy and data security violations, and scams
that target seniors and veterans. When considering legislative action
in the wake of the Supreme Court's decision limiting the FTC's Section
13(b) authority, lawmakers should aim to guarantee that the FTC can (1)
secure monetary redress for victims of unlawful conduct and (2) ensure
that market participants do not profit from lawbreaking. In some
instances, Congress has imposed certain limitations on the Commission's
remedial authorities, such as a statute of limitations. If confirmed, I
would be happy to work with your office to discuss the potential impact
of any additional remedies or limitations that Congress may wish to
include in future legislation.

Question 2. The FTC has been successful in seeking six billions of
dollars in fines for data privacy violations since 2018, while the EU
has collected 329.8 million dollars in the same time period. This
underscores the importance and effectiveness of the FTC in pursuing
misbehavior in the data privacy area. However, there are still data
breaches and hacks that have led to the exposure of consumer data, and
other behavior that must be addressed to ensure the data privacy and
security of Americans.
What do you believe are the critical aspects of a potential Federal
data privacy standard? What role do you believe the FTC should play in
enforcing a Federal data security and privacy standard?
Answer. Given the prevalence of behavioral ad-based business
models, one basic question for any Federal privacy law is whether it
changes a firm's underlying incentive or ability to engage in chronic
user surveillance. Another important question is whether the law is
administrable, or whether it instead presumes capacities that enforcers
lack.
To the extent that Congress grants the FTC additional statutory
authorities in this area, the FTC generally should (1) scrutinize the
underlying business incentives that may be encouraging abusive data
practices, and (2) use the full scope of the remedial toolkit to deter
lawbreaking. If confirmed, I would look forward to considering how
various legal proposals could safeguard user privacy and security.
______

Response to Written Questions Submitted by Hon. Dan Sullivan to
Lina M. Khan
Question 1. Under what circumstances should the FTC utilize its
administrative litigation power? And do you believe that the FTC should
try more cases before its administrative law judges?
Answer. The FTC Act lays out a set of authorizations and
limitations that inform whether the FTC pursues action through Federal
court or administrative process. For example, when scammers violate
certain rules, the FTC Act authorizes the Commission to seek
restitution, damages, and other relief in Federal court. This seems
particularly appropriate given the Federal judiciary's ability to award
relief and to make victims whole. The Commission cannot seek this full
range of remedies administratively. In some instances, the Commission
may have a choice as to the forum in which it should pursue a matter.
If confirmed, I would work with my fellow Commissioners and agency
staff to make this assessment on a case-by-case basis.

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

Question 3. Due to an evolving patchwork of consumer privacy laws
being developed in many states around the country, the Committee and
Congress have been considering Federal privacy legislation. Do you
believe that preemption of the ever-increasing patchwork of state
privacy laws is necessary for effective Federal legislation in this
space?
Answer. A national privacy law seems critical. In general, I
believe there are important costs to consider when assessing whether to
override laws that state legislatures have passed to protect their
constituents. That said, the tradeoffs associated with Federal
preemption of state laws can vary by policy area and, if confirmed, I
would seek to better understand any relevant tradeoffs in the privacy
context.
______

Response to Written Questions Submitted by Hon. Mike Lee to
Lina M. Khan
Question 1. Ms. Khan, in 2018, when you were a Legal Fellow with
Commissioner Rohit Chopra, you worked with him to author a paper on the
FTC's Section 5 authority to combat ``unfair methods of competition.''

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

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

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

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

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

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

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

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

Should FTC rules insulate market incumbents from
competition?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What is your stance on Federal data privacy legislation?

Is preemption a necessary component of this legislation?

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

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

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

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

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

Why wasn't there more bipartisanship in this process?

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

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

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

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

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

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

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

How should companies successfully compete?

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

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

Question 12. What facts that might arise during an investigation
would cause you to change your mind about the conclusions you draw
regarding the alleged dominance and anticompetitive behavior of ``big
tech'' companies, such as Facebook, Amazon, or Google?
Answer. Enforcers should make legal assessments based on a faithful
review of the evidentiary record and careful analysis of the relevant
legal standards. If confirmed, I would be committed to approaching
these issues with analytical rigor and fidelity to empirical evidence.
______

Response to Written Question Submitted by Hon. Marsha Blackburn to
Lina M. Khan
Question. If you had been at the FTC during the Obama years, what
would you have done differently in the merger review process?
Answer. As a general matter, I would have sought to ensure the
Commission was doing a full review and grasping the business realities
in a particular market prior to determining the legality of a
transaction. For example, while major players in digital markets bought
up hundreds of firms during that period, the DOJ and FTC closely
examined only a handful of those deals. More broadly, the agency's
analysis may have benefited from giving greater weight to network
externalities, the self-reinforcing advantages of data, and other
factors that can lead markets to tip and thwart new entrants. If
confirmed, I would look forward to identifying ways the Commission
could learn from missed opportunities and apply any relevant lessons
going forward.
______

Response to Written Question Submitted by Hon. Raphael Warnock to
Leslie B. Kiernan
Broadband Expansion. Expanding access to broadband, especially in
rural and low-income communities, is a major issue for Georgia
businesses and households. The COVID-19 pandemic has highlighted the
critical importance of broadband service with students now engaging in
virtual and distance learning, parents working remotely, and seniors
and rural Georgians relying on telemedicine for medical services.
Without access to broadband, students are falling behind in classrooms,
and Georgia residents are disconnected from jobs and economic
opportunities. In 2020, the Georgia Department of Community Affairs
found that more than 500,000 residential and business locations did not
have access to broadband, 70 percent of which are in rural areas.

Question. Ms. Kiernan, what steps would you take as General Counsel
of the Department of Commerce to ensure the Department supports the
deployment of broadband to these unserved areas through the National
Telecommunication and Information Administration or otherwise?
Answer. If confirmed, I look forward to working with NTIA to help
ensure that Federal funds are targeted to eligible areas across the
country, including Georgia. It is my understanding that NTIA is
currently working to leverage its National Broadband Availability Map
(NBAM), which counts Georgia as a partner, to identify underserved and
unserved areas. The NBAM is a geographic information system (GIS)
platform for data collection, visualization, and analysis of federal,
state, and commercially available data sets to assist Federal and state
broadband policymakers to identify discrepancies in broadband
availability (e.g., served vs. underserved or unserved areas) that can
be used to better inform policy and funding decisions. It includes
three data layers provided by the Georgia Broadband Deployment
Initiative (GBDI), managed by the Georgia Department of Community
Affairs, which you referenced in your question.
I also understand that Georgia is an active participant in the
State Broadband Leaders Network (SBLN), a cohort of state leaders
facilitated by NTIA, which currently includes 5 participants from the
state of Georgia: three participants from the Georgia Department of
Community Affairs, one from the Georgia Technology Authority, and one
from the Georgia Department of Transportation.
If confirmed as General Counsel, it will be a priority to ensure
these programs are implemented effectively and efficiently.
______

Response to Written Questions Submitted by Hon. Roger Wicker to
Leslie B. Kiernan
Question 1. Recreational Fishing Management
I introduced and passed the bipartisan Modern Fish Act to improve
the management of recreational fisheries by incorporating the best
available science. In the Gulf of Mexico, states like Mississippi have
invested significant time and money to develop a more accurate
understanding of how much fish recreational fishermen harvest. Despite
this effort, NOAA has proposed ignoring the higher quality state data,
and treating the less accurate Federal data from the Marine
Recreational Information Program as though it is of equal quality. If
this occurred, it would have unfairly decreased Mississippi's share of
the Red Snapper fishery by 60 percent in 2021. In addition, the recent
``Great Red Snapper Count'' suggests that the actual abundance of red
snapper in the Gulf is three times higher than what NOAA had estimated.
Recently, the Gulf of Mexico Fisheries Management Council
recognized the high quality of Mississippi's state red snapper survey
and voted to delay the calibration of state survey data to the
incomplete and low-quality Federal survey data so that they can
continue further study. Will you commit to working with us to support
the Council's actions with regard to red snapper?
Answer. I recognize that saltwater recreational fishing is an
integral part of American coastal life, communities, and economies. I
also understand the importance of stock assessment data and the need
for it to be grounded in the best available science. If confirmed, I
would commit to learning more about NOAA's Marine Recreational
Information Program and to working with you and NOAA on this issue as
the program pertains to Gulf of Mexico fisheries.

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

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

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

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

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

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

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

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

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

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

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