00:00:00

GOOD MORNING THE COMMERCE SCIENCE AND TECHNOLOGY TRANSPORTATION COMMITTEE WILL COME TO ORDER. I WANT TO WELCOME ALL OF 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 HUTCHINSON, WHO I THINK IS GOING TO JOIN US VIR DHUL VIRTUALLY, I CAN'T THINK OF TWO MORE ACTIVE RANKINGS MEMBERS ON THE PAST IN THIS COMMITTEE SO WE CERTAINLY WELCOME THEM AND CERTAINLY WE HAVE OUR FORMER COMMERCE SECRETARY WHO'S GOING TO BE JOINING US VIRTUALLY. SO WE -- IT'S 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 WORKED WITH ON SO MANY POLICY ISSUES AND OBVIOUSLY A LOT OF ENTHUSIASM BY MEMBERS WHO WANT TO JOIN IN SUPPORT OF THESE NOMINATIONS. SO WE'LL BE JOINED BY A VARIETY OF SENATORS HERE, SENATOR RUBIO WHO IS WITH US ALREADY. SO I WANT TO SAY WELCOME TO THE FAMILIES, TO GRACE AND ANN, TO ALL OF THOSE WHO ARE HERE TO DISCUSS TODAY'S NOMINEES. WE'RE COVERING EVERYTHING FROM THE DIGITAL AND NATURAL TO THE COMMERCIAL WORLDS AND INTO SPACE TODAY. SO VERY BROAD TOPIC AREA. AND WE ARE GOING TO BE TALKING A LOT ABOUT INNOVATION. FIRST I'M PLEASED TO CONSIDER THE NOMINATION OF A DEAR FRIEND, BILL NELSON, TO BE NASA ADMINISTRATOR. I WELCOME YOU AND YOUR WIFE GRACE AND DAUGHTER ANN, YOU WILL BE INTRODUCED BY SENATOR RUBIO AND SENATOR AND AMBASSADOR HUTCHINSON. FIRST I'D LIKE TO SAY A FEW WORDS. SENATOR NELSON HAS BEEN A LEADER IN SPACE POLICY AND DRIVER OF NASA'S 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 LED TO AN ENDORSEMENT BY A LITANY OF OFFICIALS INCLUDING SENATOR RUBIO, SENATOR HUTCHINSON AND MANY OTHERS. HIS REPUTATION AS AN ADVOCATE FOR THE SPACE PROGRAM IS WELL DESERVED. AT THIS MOMENT NASA NEEDS SOMEONE WE CAN BE CONFIDENT IN. WE ARE WORKING TOWARDS AN EVENTUAL CRUDE MISSION TO MARS WHERE NO NATION HAS GONE BEFORE AND RIGHT NOW WE NEED CERTAINTY, IT'S PARAMOUNT FOR THE AGENCY. 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'LL 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 SILICONE VALLEY OF SPACE, I WELCOME YOU TO VISIT THE PACIFIC NORTHWEST. AND I ALSO WOULD SAY, WHILE YOU'RE THERE CAN LOOK AT THE VARIOUS AERONAUTICS ISSUES AS WELL. RESEARCH AND DEVELOPMENT IS AN IMPORTANT ASPECT OF THE NASA MISSION. SO I LOOK FORWARD TO YOUR COMMENTS ON ALL OF THOSE ISSUES AND I HOPE WE'LL GET A CHANCE TO WORK TOGETHER ON THE IMPORTANT MISSIONS. NEXT WE'LL HEAR FROM LINA KAHN. I UNDERSTAND YOUR HUSBAND AND PARENTS ARE HERE. VERY MUCH WELCOME YOU, IF YOU'RE -- THERE, THANK YOU. YOU LOOK TOO YOUNG TO BE PARENTS. SHE WILL BE FORMALLY INTRODUCED BY SENATOR BLUMENTHAL BUT I WANT TO SPEAK ABOUT HER DEDICATION AND QUALIFICATIONS IN THIS IMPORTANT ROLE THAT SHE WILL BE NOMINATED TO FILL. ASSOCIATE PROFESSOR AT LAW AT COLUMBIA LAW SCHOOL, HER SCHOLARSHIP HAS RECEIVED SEVERAL AWARDS SWB BE PUBLISHED BY HARVARD, YALE, COLUMBIA, UNIVERSITY OF CHICAGO LAW E ARE VIEW. REVIEW, SERVED AS COMMISSIONER TO THE HOUSE JUDICIAL COMMITTEE. AS COMMISSIONER OF THE FTC MS. KAHN WILL SERVE AS ONE OF THE NATION'S LEADSING ANTITRUST OFFICIALS AND CONSUMER ADVOCATES. ONE OF THE KEY QUESTIONS FOR THE LEADERSHIP OF THE FTC IS I BELIEVE HOW DO YOU FULFILL THE 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 INFORMATION AGE HOW MUCH THAT'S BEEN CHALLENGE PD P SO WE LOOK FORWARD TO EXACTLY HOW YOU CAN HELP US KEEP ON TRACK ON THIS IMPORTANT MISSION. IN 2011, JOHN PERRY BAR LOW OBSERVED AS WE WATCHED GOOGLE AND FACEBOOK ESTABLISH DOMINANCE, IF YOU'RE NOT PAYING FOR IT, YOU'RE THE PRODUCT. WE HAVE TO ABSORB 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 A POLICEWOMAN ON THE BEAT. WE NEED TO MAKE SURE THESE MARKETS FUNCTION AND FUNCTION CORRECTLY AND WHAT IS A MAJOR ROLE OF THE FTC IS, OBVIOUSLY IN PARTNERSHIP WITH DOJ. LINA KHAN HAS BEEN FOLLOWING ANTI-MONOPOLY RESEARCH FOR YEARS AND IS ONE OF THE LEADING EXPERTS ON THESE ISSUES. I THINK IT WOULD DO ALL OF US A GREAT DEAL OF GOOD TO HAVE HER ON THE FTC. I'M GRATEFUL FOR YOUR WILLINGNESS TO SERVE AND THE IMPORTANT WORK YOU'VE DONE IN THE PAST. ...

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00:06:31

I'M PLEASED TO CONSIDER THE NOMINATION OF LESLIE KIERNAN FOR THE DEPARTMENT OF COMMERCE. SHE'S ACCOMPANIED BY HER HUSBAND. WELCOME. I WOULD LIKE TO SAY A FEW WORDS ABOUT HER EXPERIENCE. MS. KIERNAN HAS DECADES OF EXPERIENCE REPRESENTING AND PROVIDING COUNSEL FOR PUBLIC AND PRIVATE ENTITIES BIG AND SMALL. IN THE OBAMA ADMINISTRATION SHE SERVED AS DEPUTITY COUNSEL WHERE SHE SERVED ON A WIDE RAGE OF ISSUES. IN ADDITION TO HR GOVERNMENT SERVICE SHE HAS WORKED FOR 20 YEARS AS A LITIGATION PARTNER IN A LAW FIRM AND SITS ON THE BOARD OF THE CHILDREN'S HOSPITAL HERE IN D.C. 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'S PROVIDING COVID-19 RELIEF, INCLUDING COMMERCIAL AND CHARTER AND TRIBAL FISHERMEN ISSUES IS ONE OF THE THINGS YOU HAVE TO DEAL WITH, OR ADMINISTERING AND BOLSTERING THE NEW BROADBAND PROGRAM, THE MINORITY DEVELOPMENT AGENCY OR MANY OTHER ROLES THAT COMMERCE MIGHT BE GIVEN IN THE NEXT SEVERAL WEEKS, THIS WOULD BE A BIG CHALLENGE. WE NEED THE ROLE OF THE DEPARTMENT OF COMMERCE IN OUR ECONOMIC RECOVERY TO BE AS ROBUST AS POSSIBLE AND I'M CONFIDENT YOUR NOMINATION WILL DO THAT. AS GENERAL COUNSEL YOUR MOST IMPORTANT JOB WILL BE TO PROTECT THE INTEGRITY OF OUR AGENCIES TO KEEP POLITICS OUT OF SCIENCE AND DECISION MAKING AND KEEP MAKING GOOD PROGRESS ON 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 NOTE THE OVERSIGHT OF THE COMMERCE DEPARTMENT THERE ARE A LOT OF SCIENCE AND LEGAL ISSUES. SO WE LOOK FORWARD TO YOUR INPUT AND OVERSIGHT OF THAT. WITH THAT I'LL TURN TO MY COLLEAGUE, SENATOR WICKER, WHO'S JOINING US REMOTELY TODAY. ...

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00:09:02

THANK YOU, SENATOR CANTWELL FOR HOLDING THIS HEARING ON OUR FRIEND BILL NELSON, PROFESSOR LINA KAHN, AND MS. LESLIE KIERNAN KIERNAN. 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'RE DELIGHTED TO HAVE FORMER SENATOR KAY BAILEY HUTCHINSON TO INTRODUCE SENATOR NELSON. THEY 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'RE 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'S GOOD TO HAVE MY FRIEND, FORMER COMMERCE SECRETARY, PENNY PRITZKER. MY CONSTITUENTS AND I CARE DEEPLY ABOUT MAKING SURE NASA HAS STRONG AND CAPABLE LEADERSHIP. YOU KNOW THE SPACE CENTER IS IN MY HOME STATE OF MISSISSIPPI. SENATOR NELSON HAS EXPERIENCE IN SETTING GOALS AND PRIORITY POLICIES FOR NASA BEGINNING WITH THE SUB COMMITTEE OF THE HOUSE, SPACE AND SCIENCE COMMITTEE, A POST HE HELD FOR SIX YEARS. HE FLEW ON THE 24th FLIGHT OF THE SPACE SHUTTLE, PARTICIPATING IN SCIENTIFIC EXPERIMENTS AND OTHER WORK WHILE IN ORBIT. SENATOR NELSON ALSO SERVED AS THE CHAIR AND RANKING MEMBER OF THIS COMMITTEE, SPACE AND SCIENCE SUBCOMMITTEE. AS I PREVIOUSLY NOTED HE WAS ALSO RANKING MEMBER. HE WAS INSTRUMENTAL IN SHEPHERDING THE PASSAGE OF NUMEROUS AUTHORIZATION BILLS. I KNOW HE WILL BE AN IMPORTANT VOICE AS WE WORK TOWARDS PASSAGE OF THE NEXT ONE. PROFESSOR KHAN HAS BEEN NOMINATED TO FILL THE POSITION OF THE FTC. YESTERDAY WE HELD AN OVERSIGHT WITH THE FOUR CURRENT COMMISSIONERS OF THE FTC, WE DISCUSSED DISCUSSED THE COMMISSION'S ROLE IN REINING IN BIG TECH, TO RETAIN MONETARY REGRESS AND THE ROLE THE FTC HAS IN COLLEGE NAME, IMAGE AND LIKENESS RULES. I LOOK FORWARD TO HEARING MS. KHAN'S VIEWS ON THESE TOPICS TODAY. MS. LESLIE KIERNAN IS TO SERVE AS DIRECTOR OF THE COMMERCE. HER EXPERIENCE SHOULD BE A STRONG ASSET FOR THE DEPARTMENT AS A WHOLE. THE COMMERCE DEPARTMENT HAS A BROAD PORTFOLIO AND OVERSEES NUMEROUS SECTORS OF OUR ECONOMIES, INCLUDING FISHERIES, WEATHER FASTING. WE NEED AN ACCOMPLISHED GENERAL COUNCIL 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 EAGER TO HEAR THEIR TESTIMONY AND RESPONSES. THANK YOU, MADAME CHAIR. ...

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00:12:36

THANK YOU, SENATOR WICKER. NOW WE'RE 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, WE WILL GO TO SENATOR RUBIO AND THEN SENATOR HUTCHINSON, SENATOR GLOBE KLOBUCHAR. SENATOR RUBIO WELCOME TO THE COMMITTEE. WE KNOW YOU COME FROM AN OCEAN STATE AND CONTINUE TO COUNT ON YOU TO WORK ON A LOT OF POLICIES FOR US, THANK YOU FOR BEING HERE. ...

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00:13:08

WE'RE SURROUNDED BY AN OCEAN. SO I APPRECIATE THAT, MADAME CHAIRWOMAN AND RANKING MEMBER. THANK YOU FOR HAVING ME. I'M GOING TO BE BRIEF BECAUSE OUR NOMINEE FOR NASA ADMINISTRATE IS NO STRANGER. WE KNOW WELL HIS PASSION FOR THE SPACE PROGRAM IS UNPARALLELED. IT'S A PASSION THAT BEGAN WHEN HE WAS A MEMBER OF THE HOUSE AND CONTINUED DURING HIS TIME HERE IN THE SENATE. 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. I DON'T NEED TO TELL MY COLLEAGUES THAT, YOU ALL EXPERIENCED IT FIRSTHAND. HE'S NO STRANGER AS WELL. NO BETTER ADVOCATE FOR ARGUING THE IMPORTANCE OF THE PROGRAM WHAT IT MEANS TO AMERICA'S INDUSTRIAL BASE, RESEARCH AND DEVELOPMENT AND WHAT IT MEANS TO INSPIRE A NATION. GREAT NATIONS DO GREAT THINGS, IT'S IN SPACE WHERE AMERICA HAS MADE ITS MARK, CERTAINLY MORE THAN THE REST OF THE WORLD AND WE 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. ONE OF THE MOST IMPORTANT THINGS, OFTENTIMES WHEN WE SIT IN DIFFERENT COMMITTEES YOU GET THE NOMINEES AND HEAR GREAT THINGS ABOUT THEM, BUT YOU DON'T KNOW THEM. EVERYONE KNOWS SENATOR NELSON, 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 CAN'T THINK OF A BETTER AMERICAN ALIVE TO SERVE IN THIS ROLE. I'M A FAN OF PROFESSIONAL FOOTBALL AND EVERY YEAR PROFESSIONAL FOOTBALL HALL OF FAME MEETS. AND WHAT HAPPENS IS EVERY -- 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. WHEN THE NOMINEE AS A COACH OR PLAYER IS SOMEONE WHO PLAYED IN THAT MARKET, THAT PERSON IS IN CHARGE OF STANDING UP AND FORWARDING THE NOMINATION AND MAKE A PRESENTATION, USUALLY A FIVE MINUTE VIDEO ABOUT THE PLAYER'S PLAYING CAREER. EVERY NOW AND THEN, HOWEVER, THERE IS NO SUCH PROCESS. THE PERSON, I RECALL ONE IN PARTICULAR, THAT IS DON SCHULER, THE WINNINGEST COACH IN NFL HISTORY. WHEN HE WAS PRESENTED TO THE HALL OF FAME A YEAR OR TWO AFTER HIS RETIREMENT. THE SENIOR BEAT WRITER DIDN'T HAVE A VIDEO PRNGS PRESENTATION, FIVE MINUTE TESTIMONY, HE STOOD UP AND SAID LADIES AND GENTLEMEN, DON SHULA AND SAT DOWN. SO LADIES AND GENTLEMEN OF THIS COMMITTEE, BILL NELSON. THANK YOU. ...

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00:15:36

THANK YOU, THANK YOU SENATOR RUBIO. WE'LL TURN TO OUR FORMER COLLEAGUE, SO PLEASED SHE CAN JOIN US, RANKING MEMBER OF THIS COMMITTEE, LONG STANDING, CONTRIBUTED TO MANY POLICIES FOR THE COMMERCE COMMITTEE, AMBASSADOR HUTCHINSON. ...

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00:15:57

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. I WILL NOT BE ABLE TO TOP WHAT MARCO RUBIO HAS JUST SAID, THAT WAS A GREAT INTRODUCTION AND APT 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 CREW 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 LAID THE FRAMEWORK FOR INCREASED COMMERCIAL PARTNERSHIPS, THERE WERE STILL MANY WHO WERE SKEPTICAL ABOUT NASA RELYING ON A COMMERCIAL SPACE INDUSTRY. BILL WORKED TIRELESSLY TO CONVINCE LAWMAKERS, BOTH DEMOCRATS AND REPUBLICANS, THAT COMMERCIAL COMPANIES COULD TAKE OVER 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'S INCREDIBLE TO SEE THE PATH CHARTERED IN 2010 THAT IS BEING BORNE OUT TODAY. ONE OF BOTH COMMERCIAL PARTNERSHIP AND CONTINUED INVESTMENTMENT INVESTMENT INVESTMENT IN OUR NATION'S SPACE EXPLORATION CAPABILITIES. VERY SOON NASA AND SPACEX DRAGON CAPSULE WILL TAKE OFF FROM KENNEDY SPACE CENTER, THE CREW TWO WILL MARK THE THIRD COMMERCIAL CREW FLIGHT TO THE INTERNATIONAL SPACE STATION AND NASA WILL DO THE SAME THING WITH BOEING AND ITS STAR LINER 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 SYSTEM ANDO ORIEN THEY WERE AUTHORIZED IN 2010 TO RETURN ASTRONAUTS TO THE MOON. BUT THE CHALLENGES AREN'T IN THE REAR VIEW AS NASA EMBARKS ON THE ARTIMUS 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 A CENSUS 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 FORWARD. THANK YOU SO MUCH. IT IS GREAT AND I'M SO HONORED TO BE BACK WITH MY FORMER COLLEAGUES AND THOSE OF YOU WHO ARE SERVING TODAY, THANKS FOR THIS WELCOME. ...

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00:20:45

THANK YOU, THANK YOU AMBASSADOR HUTCHINSON. AGAIN I THINK IT SPEAKS HIGHLY OF 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'LL NOW TURN TO MORE FORMAL INTRODUCTION OF THE LINA KANHN AND I'LL TURN TO SENATOR KLOBUCHAR TO MAKE HER REMARKS. THANK YOU. CONGRATULATIONS TO ALL THE NOMINEES, INCLUDING SENATOR NELSON AND I SEE HIS FAMILY, 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. SHA ALI, THANK YOU FOR YOUR WORK DURING THIS PANDEMIC AND HER PARENTS MR. AND MRS. KHAN. I'M HONORED TO HAVE YOU WITH US TODAY AND YOU MUST BE VERY PROUD OF YOUR DAUGHTER. LINA KAHN CAME TO THE UNITED STATES WHEN SHE WAS TEN YEARS OLD AND SHE BEGAN HER CAREER AS A JOURNALIST. HER EXPERIENCE DIGGING DEEP, ANALYZING BUSINESSES AND SEARCHING FOR THE TRUTH BROUGHT HER TO CONSUMER PROTECTION AS HE INVESTIGATED AND WROTE ABOUT HARMS THAT MOWNOPOLYIES THAT INFLICT ON AMERICAN CONSUMERS SO I THINK JOURNALISM EXPERIENCE IS A GOOD THING. AFTER HER CAREER AS A JOURNALIST, SHE MOVED ON TO A DIFFERENT KIND OF PUBLIC SERVICE AS AN ADVISER IN THE A OFFICE OF COMMISSIONER CHOPRA WHO WE SAW YESTERDAY IN THE HEARING WE HAD IN THIS VERY ROOM. THERE PROFESSOR KAHN DRAFTED POLICY AND CASES FROM THE INSIDE. THEN, AS THE LEGAL DIRECTOR AT THE OPEN MARKETS INSTITUTE SHE SOUGHT TO REFRESH DECADES OLD ANTI-TRUST 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 WENT ONTO THE HOUSE OF REPRESENTATIVES WHERE SHE PLAYED A KEY ROLE IN THE DEVELOPMENT OF THEIR GROUND BREAKING GATE KEEPERS 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 KAHN BRINGS SERIOUS LEGAL CHOPS TO THE COMPETITION TABLE. SHE'S AN ASSOCIATE PROFESSOR OF LAW AT COLUMBIA UNIVERSITY AND HER WORK HAS BEEN PUBLISHED -- WELL, JUST ABOUT EVERYWHERE. 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. GIVEN THE INTEREST OF THIS COMMITTEE FROM LEFT TO RIGHT, LIBERAL TO CONSERVATIVE, IN TAKING ON ANTI-TRUST AND PRIVACY ISSUES, I CAN'T THINK OF A MORE QUALIFIED PERSON TO BE CONSIDERED FOR THE FTC. LINA KAHN 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 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'S COMMITTED TO USING THE AGENCY'S AUTHORITY TO HELP SOLVE REAL PROBLEMS AND SHE'S 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 AMERICANS ARE PROTECTED WHEN THEY BUY THEIR GROCERIES, GO TO A HEALTH CLINIC, BUY MEDICINES AND YES, GO ON FACEBOOK. WE NEED LINA KHAN AT THE FTC AND I YOU URGE MY COLLEAGUES TO SUPPORT THE NOMINATION. THANK YOU SO MUCH. ...

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00:25:33

THANK YOU, SENATOR KLOBUCHAR AND WE'VE HAD A STATEMENT BY SENATOR BLUMENTHAL.

00:25:40

THANK YOU, MADAME CHAIR. THANK YOU TO THE NOMINEES TODAY. PARTICULAR WELCOME TO OUR COLLEAGUE, BILL NELSON, WHO IS ONCE AGAIN DEMONSTRATING 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 KAHN WHO I LONG ADMIRED AND WANT TO THANK YOU HER FAMILY AS WELL FOR THEIR SUPPORT. 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'VE ALREADY HELPED COUNTLESS PEOPLE THROUGH YOUR INSIGHTS AND EXPERTISE. YOUR AMAZING WRITINGS AND 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 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 IF 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 WE SEE ON THE INTERNET RIGHT NOW. AND THE NATION IS ALSO IN A PRIVACY CRISIS. WE'VE SEEN THE INTRUSIONS AND THE BREACHES OF DATA THAT HAVE OCCURRED. WE'RE IN A COMPETITION CRISIS. NO ONE HAS DESCRIBED IT BETTER THAN YOU HAVE. AND WE THANK YOU FOR CALLING ATTENTION TO THE AFFECTS OF UNCHECKED CONSOLIDATION AND MOW MONOPOLIES THAT HAVE BEEN HIGHLIGHTED DURING THE PANDEMIC. SO WE ARE AT A UNIQUE MOMENT FOR OUR NATION'S ECONOMY, ONE OF RECOVERY, BUT AT THE SAME TIME SEEKING GREATER EQUITY. AND COMPETITION THAT BENEFIT CONSUMERS ALL THE 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 ANTI-TRUST COMMITTEE O JUDICIARY LED BY SENATOR KLOBUCHAR, I LOOK FORWARD TO WORKING WITH YOU ON ALL OF THESE AREAS AND LOOK FORWARD TO THE LEADERSHIP THAT YOU WILL BRING TO PROTECTING CONSUMERS IN COMPETITION AS A MEMBER OF THE FTC. THANK YOU FOR YOUR WILLINGNESS TO SERVE. THANK YOU, MADAME CHAIRWOMAN. ...

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00:28:57

THANK YOU SENATOR BLUMMENBLUMENTHAL. AND OUR FORMER SECRETARY OF COMMERCE, SECRETARY PITSZKER. WE MISS YOU AND THANK YOU FOR YOUR SERVICE.

00:29:19

THANK YOU SO MUCH CHAIRWOMAN AND RANKING MEMBER AND OTHER MEMBERS OF THE COMMITTEE FOR OFFERING ME THE OPPORTUNITY TO SPEAK ABOUT ABOUT MY GOOD FRIEND LESLIE KIERNAN. I'D LIKE TO CONGRATULATE THE OTHER NOMINEES AS WELL INCLUDING MY FRIEND BILL NELSON AND LINA KAHN. 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'M HERE TODAY BECAUSE I'M REALLY PLEASED TO BE ABLE TO SPEAK ABOUT MY FRIEND AND FORMER COLLEAGUE, LESLIE KIERNAN WITH WHOM I SERVED IN THE OBAMA ADMINISTRATION. SHE'S SOMEONE I HAVE SUCH GREAT RESPECT AND ADMIRATION. WITHOUT HESITATION, I 100% SUPPORT HER NOMINATION AND KNOW SHE WILL BE, IF CONFIRMED, A STELLAR GENERAL COUNCIL FOR THE DEPARTMENT OF COMMERCE. LESLIE IS A PERSON OF UNQUESTIONED INTEGRITY, DEEP, DEEP LEGAL EXPERTISE, AND A LOT TRACK RECORD OF PROVEN RESULTS DEMONSTRATED OVER THE COURSE OF HER DIVERSE CAREER IN THE PRIVATE SECTOR, IN GOVERNMENT AND IN THE NONPROFIT WORLDS. SHE'S ALSO SOMEONE WHO'S QUITE ADEPT AT DEALING WITH HIGH PRESSURE SITUATIONS AND MULTITASKING, GIVEN THAT SHE'S THE MOTHER OF FOUR WONDERFUL CHILDREN. FUNDAMENTALLY LESLIE IS A 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 CYBER SECURITY TO ENVIRONMENTAL LAW AND CORPORATE GOVERNANCE, JUST TO NAME A FEW AREAS. MAKE NO MISTAKE, LESLIE IS A LAWYER'S LAWYER. SHE'S 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 BIPARTISAN, THOUGHTFULLY REPRESENTING BOTH DEMOCRATS AND REPUBLICANS. SHE'S DEVELOPED A REPUTATION FOR EXCELLENCE, PROFICIENCY, AND DISCIPLINE. FRANKLY, SHE'S JUST A DARN GOOD LAWYER. SO IT COMES AS NO SURPRISE THAT SHE'S BEING NOMINATED TO SUCH A CRUCIAL ROLE. IF CONFIRMED, LESLIE WILL WORK ALONGSIDE THOUSANDS AT THE DEPARTMENT OF COMMERCE WHO I ADMIRE AND RESPECT. TOGETHER I'M 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 KKIERNAN, I TRUST HER JUDGMENT AND 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 ROMANDO WITH DISTINCTION. THANK YOU AGAIN FOR INVITING ME TO JOIN YOU TODAY AND FOR THE IMPORTANT WORK ALL OF YOU DO ON ON BEHALF OF OUR NATION. I'M DELIGHTED TO INTRODUCE TO THE COMMITTEE, LESLIE KIERNAN AND I ENDORSE HER SWIFT NOMINATION. ...

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00:33:21

THANK YOU, SECRETARY PRITZKER AND THANK YOU FOR TAKING THE TIME TO MAKE SURE THE DEPARTMENT OF COMMERCE GETS A STRONG TEAM WORKING WITH THEM. NOW WE'RE GOING TO TURN TO THE NOMINEES. THANK YOU FOR YOUR WILLINGNESS TO SERVE. WE'LL START WITH YOU SENATOR NELSON. WELCOME TO THE COMMITTEE, AND GLAD YOU'RE HERE TO ASSUME, HOPEFULLY, THIS ROLE AND RESPONSIBILITY. ...

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00:33:50

THANK YOU, MADAME CHAIRMAN. IF I MAY SUBMIT MY TESTIMONY IN WRITING FOR THE RECORD AND IF THEI MAY, MADAME CHAIR JUST ADDRESS THE COMMITTEE DIRECTLY....

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00:34:07

YES.

00:34:08

FIRST OF ALL, I WANT TO THANK MY FAMILY, MY SPOUSE OF GOING ON 50 YEARS, GRACE, OUR NAN ELLEN AND 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'S VERY IMPRESSIVE. THANKS TO MY FORMER COLLEAGUES. THERE'S 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'RE GOING TO CONFIRM ME, I LOOK FORWARD TO THIS WITH GUSTO. AND WITH ENTHUSIASM. THERE'S A LOT OF EXCITEMENT GOING ON IN NASA RIGHT NOW, AND YOU ALL HAVE SEEN IT. YOU'VE SEEN IT A COUPLE OF DAYS AGO WITH THE FLIGHT OF DID LITTLE HELICOPTER ON A CELESTIAL BODY SOME 80 TO 100 MILLION MILES AWAY, DEPENDING ON THE ORBITS THAT EARTH AND MARS ARE IN. YOU'VE 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'RE GOING TO SEE IT IN THE LAUNCH OF THE JAMES WEBB TELESCOPE, A $9 BILLION INSTRUMENT ON TOP OF A ROCKET SITUATED AT THE EQUATOR AT THE EUROPEAN SPACE AGENCY'S LAUNCH CENTER. YOU'RE GOING TO SEE THAT TELESCOPE REPLACING THE HUBBELL THAT IS ALREADY OPENED UP SO MANY NEW THINGS TO US IN THE UNIVERSE AND IT'S GOING TO LOOK BACK IN TIME ALMOST TO THE BEGINNING OF THE SOURCE OF LIFE, MILLIONS AND MILLIONS AND BILLIONS OF LIGHT YEARS AWAY. IT'S AN EXCITING TIME. AND AT THE END OF THE YEAR, PERHAPS EARLY NEXT YEAR, YOU'RE 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 ONTO MARS, WHICH WAS A MULTI-ADMINISTRATION PROJECT. THESE PROJECTS ARE NOT ONE ADMINISTRATION. THEY'RE MANY. IT'S LIKE BUILDING AN AIRCRAFT CARRIER, YOU START IT AND IT'LL TAKE YOU YEARS DOWN THE ROAD. IT AND HAS TO BE CONTINUED REGARDLESS OF WHO'S IN THE MAJORITY, REGARDLESS OF WHO'S IN THE PRESIDENCY. AND SO TOO ARE WE SEEING THIS. WE'LL SEE THE FULFILLMENT OF THESE PROGRAMS. 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'RE 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 S.T.E.M. THAT MADE US TECHNOLOGICALLY THE MOST ADVANCED OF ALL THE NATIONS ON THE PLANET. THAT CAN BE HAPPENING AGAIN. AND PRESSING THE ENVELOPE ON THE EDGES OF SCIENCE AND DISCOVERY, LOOK WHAT IS HAPPENING. THINK OF THE SPINOFFS THAT IS COMING OUT OF THIS FOR OUR EVERYDAY LIVES. I HAVE TO REACH INTO MY POCKET HERE AND TELL YOU JUST RECENTLY I WAS REMINDED OF ONE OF THE GREATEST SPINOFFS, IT'S THE CAMERA IN HERE. NOW USED BY BILLIONS OF PEOPLE ON THE PLANET, THIS CAMERA WAS DEVELOPED FOR THE EARTH OBSERVING SATELLITES THAT NASA HAS BUILT AND HAS OPERATED. AND I COULD GO THROUGH SO MANY OF THE 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 SPINOUT OUT OF NASA TECHNOLOGY. MADAME CHAIR, I AM MINDFUL OF YOUR TIME. I COULD KEEP GOING ON AND ON, AND IT'S HOPEFULLY IN PRINT IN MY OPENING STATEMENT THAT I HAVE SUBMITTED TO YOU. I'M 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 BRIDENSTEIN, 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. SO THAT'S 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 PARTNERSHIP AS WE VENTURE FORTH -- NO PARTISANSHIP AS WE VENTURE FORTH EXPLORING NEW HORIZONS. THANK YOU FOR THE PRIVILEGE OF BEING HERE. ...

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00:42:16

THANK YOU FOR YOUR ENTHUSIASM AND PASSION. WE FEEL IT AND THINK IT WILL BE PUT TO GOOD USE. WE'LL TURN TO MS. KAHN FOR HER STATEMENT. WELCOME, WELCOME TO YOUR FAMILY. THANK YOU FOR YOUR WILLINGNESS TO SERVE. ...

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00:42:34

FOR THE OPPORTUNITY TO BE HERE TODAY, ESPECIALLY WITH SUCH ESTEEMED PANELISTS. I'M HONORED TO HAVE BEEN NOMINATED BY PRESIDENT BIDEN TO SERVE AS A COMMISSIONER OF THE FEDERAL TRADE COMMISSION. I'M SO GRATEFUL TO MY FAMILY, FRIENDS, COLLEAGUES, MEANNTORS AND STUDENTS FOR ENCOURAGEMENT AND SUPPORT. I'D LIKE TO RECOGNIZE MY PARENTS, BROTHER AND HUSBAND WHO ARE HERE WITH ME TODAY AND MY OTHER BROTHER, PARENTS IN LAW WHO ARE WATCHING ONLINE. I HAVE FOCUSED ON INVESTIGATING AND STUDYING MARKETS ACROSS OUR ECONOMY AND EXAMINING LAWS THAT ENABLE HONEST AND FAIR COMPETITION. I STARTED THE WORK AS A JOURNALIST AND POLICY ANALYST WHERE MY JOB WAS TO DOCUMENT THE STATE OF COMPETITION ACROSS INDUSTRIES. I SPENT YEARS STUDYING MARKETS RANGING FROM CHICKEN FARMING TO AIRLINES TO ALUMINUM AND BOOK PUBLISHERS. THIS WORK TAUGHT ME THE IMPORTANCE OF FAIR COMPETITION AND THE CRITICAL ROLE THE ANTI-TRUST LAWS PLAY IN ENCOURAGING BUSINESS 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 ANTI-MONOPOLY LAWS THIS HISTORY REVEALS OUR LONG TRADITION OF SAFEGUARDING CORE LIBERTIES OF COMPETITIVE MARKETS AND THE TOOLS WE HAVE USED TO PROTECT OUR ECONOMY AND DEMOCRACY FROM UNCHECKED MONOPOLY POWER. THE STUDYING THIS TRADITION LETS US MINE OUR PAST FOR LESSONS WE CAN APPLY WHEN NAVIGATING CHALLENGES TODAY. I HAVE THIS THE CHANCE TO WORK THROUGH GOVERNMENT SERVICE FIRST THROUGH THE TRADE COMMISSION AND RECENTLY THROUGH THE SUBCOMMITTEE ON ANTI-TRUST AND ADMINISTRATIVE LAW. I HELPED LEAD A 16 MONTH BIPARTISAN INVESTIGATION INTO DIGITAL MARKETS. PURSUING THIS INVESTIGATION UNDER SCORED THE IMPORTANT WORK THAT ENFORCERS AND LAWMAKERS MUST DO TO ENSURE THAT LONG STANDING 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 TOWARD TO WORKING WITH MY FELLOW COMMISSIONERS, 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. ...

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00:45:21

THANK YOU, MS. KAHN. AND THANK YOU FOR YOUR WILLINGNESS TO SERVE IN THIS CAPACITY. MS. KIERNAN, BEGUN AGAIN THANK YOU, WELCOME. WE LOOK FORWARD TO HEARING YOUR REMARKS. ...

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00:45:33

CHAIR CANTWELL AND MEMBERS OF THE COMMITTEE, I'M HONORED TO APPEAR BEFORE YOU TODAY AS PRESIDENT BIDEN'S NOMINEE FOR THE DEPARTMENT OF COMMERCE. I'M GRATEFUL FOR AND HUMBLED BY THE TRUST AND CONFIDENCE THAT PRESIDENT BIDEN AND SECRETARY ROMANDO 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 NOMINATION, AND I APPRECIATE THE OPPORTUNITY I'VE HAD TO MEET WITH MEMBERS OF YOUR STAFF BEFORE THIS HEARING. I WANT TO THANK SECRETARY PRITZKER FOR THE GRACIOUS REF REMARKS. I APPRECIATE HER SUPPORT AND VALUE HER FRIENDSHIP. I WANT TO THANK MY HUSBAND AND OUR FOUR CHILDREN 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 KULKTINGCONDUCTING RESEARCH. THEY 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 MORE THAN 300 CAREER LAWYERS AND OTHER PROFESSIONALS WHO MAKE UP THE OFFICE OF GENERAL COUNSEL, THE GENERAL COUNSEL PLAYS A CRITICAL ROLE IN ADVANCING THE DEPARTMENT'S MISSION BY PROVIDE 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 WORKED WITH THE DEPARTMENT OF JUSTICE AND PROVIDES LEADERSHIP, GUIDANCE AND SUPPORT TO THE MANY TALENTED AND COMMITTED LAWYERS WHO WORK AT THE DEPARTMENT. I BELIEVE MY EXPERCHSIENCE IN THE PRIVATE SECTOR AND GOVERNMENT HAS PREPARED ME FOR THIS POSITION AND GIVEN ME AN UNDERSTANDING OF THE APPROPRIATE ROLE OF THE GENERAL COUNSEL. I 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. / I ALSO HAD THE PRIVILEGE OF SERVING AS DEPUTY COUNSEL TO THE PRESIDENT IN OBAMA ADMINISTRATION WHERE I PROVIDED ADVICE ON A VARIETY OF LEGAL, POLICY AND OVERSIGHT ISSUES AND WORKED CLOSELY 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'M A STRONG BELIEVER IN TEAM WORK 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 AN INTERESTING TIME TO WORK IN THE COMMERCE DEPARTMENT AS OPPORTUNITIES FOR ALL AMERICANS AN 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. ...

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00:49:58

THANK YOU. THANK YOU FOR PERSEVERING. I THINK SOME AIR SYSTEM WENT ON IN THE MIDDLE OF YOUR TESTIMONY SO IF EVERYBODY HEARS A LOW HUM, THAT'S WHAT IT IS. WE'LL JUST HAVE TO PERSEVERE THROUGH THIS. SO THEY'RE TRYING TO ADDRESS IT. I'M SURE IT'S NOT GREAT FOR BROADCAST ENTITIES THAT ARE HERE. IT'S A LITTLE LOWER. WE'LL KEEP WORKING ON IT. NOW WE'LL TURN TO QUESTIONS AND OBVIOUSLY IF THE WITNESSES COULD HELP US OUT HERE SINCE THERE'S 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'S CALLED DISSIMILAR REDUNDANCY. SO I WANT TO KNOW THAT YOU'LL COMMIT TO RAPIDLY PROVIDING CONGRESS WITH A PLAN FOR ASSURING THAT KIND OF RESILIENCY OUT OF THE HUMAN LANDER PROGRAM. ...

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00:50:50

I DO.

00:50:51

THANK YOU.

00:50:52

COMPETITION IS ALWAYS GOOD.

00:50:54

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'RE VERY PROUD OF THEM. BUT I THINK IMPORTANTLY IT SHOWS THAT IN 2019 WOMEN ONLY MADE UP ONE-THIRD OF NASA'S WORKFORCE AND 16% OF THE SENIOR SCIENTIFIC WORKFORCE. IF CONFIRMED WILL YOU PROMOTE DIVERSITY OF ROLES FOR WOMEN IN TECHNICAL AND LEADERSHIP ROLES THROUGHOUT NASA? ...

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00:51:26

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, HAM HAM MELROY, A FORMER ASTRONAUT COMMANDER, BEFORE THAT SHE WAS AN AIR FORCE COLONEL, TEST PILOT. AFTER NASA SHE WENT TO THE FAA AND THEN TO DARPA. 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 HASN'T ANNOUNCED YET. I THINK THEY ARE LOOKING AT THE THIRD PERSON IN NASA, AND YOU ONLY SENATE CONFIRMED THREE, THE CHIEF FINANCIAL OFFICER, AND I BELIEVE THAT THEY ARE LOOKING AT WHOM WE HAVE RECOMMENDED, ALSO A WOMAN. ...

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00:52:37

THANK YOU. MISS 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 POR TAMTALS TO NEWS AND MEDIA. I THINK YOU PROBABLY UNDERSTAND THE CHALLENGES THAT THESE SECTORS HAVE FACED GIVEN THIS -- GIVEN THIS LEVEL OF ACTIVITY. DO YOU THINK THAT THE FTC SHOULD REVIEW GOOGLE AND FACEBOOK'S USE OF JOURNALISTIC CONTENT WITHOUT COMPENSATION UNDER THE UNFAIRNESS STANDARD THAT THE FTC HAS? ...

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00:53:23

YOU WANT TO --

00:53:24

THANK YOU. THANK YOU, SENATOR. 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 DON'T HAVE RELIABLE SOURCES OF LOCAL NEWS. SO ABSOLUTELY THIS WOULD BE SOMETHING THAT I WOULD HOPE TO FOCUS ON AT THE COMMISSION. ...

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00:53:51

WHAT UNCOMPETITIVE PRACTICES DO YOU SEE GOING ON?

00:53:55

SO I THINK THERE ARE TWO MAJOR FACTORS, ONE OF WHICH IS IS FACT THAT, YOU KNOW, INCREASINGLY NEWS PUBLISHERS ARE DEPENDENT ON A FEW GATEKEEPERS TO DISSEMINATE THEIR NEWS AND TO DISSEMINATE THEIR INFORMATION. SO A SINGLE CHANGE IN AN ALGORITHM CAN PLUMMET RIEDERSHIP AND SUBSCRIPTIONS FOR ANY PUBLISHER SO I THINK THERE ARE CONCERNS GENERALLY THERE ABOUT THE ARBITRARY WHIMS AND THE ARBITRARY POWER 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. I THINK IT WILL BE IMPORTANT TO CONTINUE SEEING HOW THOSE LAWSUITS PLAY OUT AS WELL. ...

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00:54:41

THANK YOU. WE'RE 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'S WHAT BASICALLY GENERATES TRUE DATA. BUT IF YOU THINK THAT MARKETS NEED PERFECT INFORMATION, WELL, IF YOU HAVE SUCH A DECLINE IN JOURNALISM, YOU'RE NOT GOING TO GET PERFECT INFORMATION. WE DEFINITELY WANT THE A DIVERSITY OF VOICES AND HOLDING PEOPLE CASUALTIABLE AND ALL OF THOSE THINGS THANK YOU. MISS KERNAN, ONE OF THE KEY CHALLENGES THAT WE FACE WHEN WE'RE DEALING WITH -- WHEN WE'RE DEALING WITH NOAA OR OTHER ASPECTS OF COMMERCE IS RESPONSIBILITIES GIVEN TO TORSION IN 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. ...

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00:55:54

YES, SENATOR, ABSOLUTELY.

00:55:56

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 SCIENTISTS AT THE NATIONAL WEATHER SERVICE. IF CONFIRMED, WILL YOU ENSURE THAT THE OFFICE OF YOUR GENERAL COUNSEL OFFICE ALWAYS FOLLOWS SCIENCE? ...

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00:56:23

YES, SENATOR.

00:56:24

THANK YOU. SENATOR WICKER.

00:56:29

THANK YOU, MADAM CHAIR. AND SENATOR NELSON, I THINK IT'S WONDERFUL TO SEE BOTH YOU AND SENATOR HUTCHISON BEFORE THE COMMITTEE -- BACK BEFORE THE COMMITTEE TODAY. AND IT SPEAKS VOLUMES 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 -- 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 SAFE LYLY AND PREVENT THE TIMETABLE FROM SLIPPING EVEN FURTHER? ...

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00:57:31

YES, SIR. UNDERSTAND THAT THEY WON'T LET ME GET INTO THE INNARDS BECAUSE I STILL CAN'T 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'S AN AMBITIOUS TIMETABLE, BUT THAT IS WHAT HAS BEEN STATED. NOW, COMING AFTER THAT, THIS IS THE DEMONSTRATION OF LANDING A CREW ON THE SURFACE OF THE MOON AND RETURNING THEM SAFELY. AFTER THAT, THERE'S 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 THAT -- 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'RE GOING TO SEE THAT TIMETABLE TRY TO BE ADHERED TO BUT RECOGNIZE THAT WITH SOME SOBERING REALITY THAT SPACE IS HARD. ...

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00:59:26

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 INTEREST PARADOX," WHERE YOU DISCUSS A PLAIN 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 WILL BE APPLIED TO SOCIAL MEDIA COMPANIES LIKE TWIT, FACEBOOK, AND YOUTUBE? AND PLEASE EXPLAIN WHY OR WHY NOT. ...

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01:00:24

THANK YOU, SENATOR. YES, I DID GET A CHANCE TO READ JUSTICE THOMAS' COMMENTS THE OTHER WEEK. I THINK IT PROMPTED A LOT OF INTERESTING DISCUSSION. IN THE AMAZON ARTICLE, YOU KNOW, I REALLY IDENTIFIED TO 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 EXTERNAL NALIES THAT WILL LEAD NIES MARKETS TO STAY DOMINANT BY A VERY FEW NUMBER OF COMPANIES WE NEED A DIFFERENT SET OF RULES. WE HAVE A LONG LEGAL TRADITION THINKING ABOUT WHAT TYPES OF CHECKS CAN BE APPLIED WHEN YOU HAVE A LOT OF CONCENTRATION AND COMMON CARRIAGE IS ONE OF THOSE TOOLS. FUNDAMENTALLY WE NEED TO CHOOSE ONE OF THESE PARADIGMS AND PROCEED ACCORDINGLY. ...

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01:01:15

BUT IN YOUR VIEW, ONE OR THE OTHER IS GOING TO BE NECESSARY TO FIX THE BROKEN SYSTEM. IS THAT CORRECT?

01:01:25

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'RE LOOKING AT. SOY THINK WE NEED TO BE A BIT MARKET SPECIFIC, BUT YES, OVERALL, I THINK WE NEED TO CHOOSE ONE OR THE OTHER. ...

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01:01:41

THANK YOU VERY MUCH. THANK YOU, MADAM CHAIR.

01:01:44

SENATOR KLOBUCAR.

01:01:45

THANK YOU VERY MUCH. I'LL START WITH YOU, MISS 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. DIDN'T 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 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 A BETTER CONTENT RATE? JUST YOUR THOUGHTS ON THAT. ...

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01:02:29

YES. I AM FAMILIAR WITH IT, AND I SHOULD SAY THANK YOU SO MUCH FOR THE GENEROUS INTRODUCTION EARLIER. I THINK THESE TYPES OF EXEMPTIONS THAT ALLOW COORDINATION HAVE TRADITIONALLY BEEN USED BY CONGRESS IN INSTANCE WHERE YOU HAVE DEEP ASYMMETRIES IN THE MARKET. CONGRESS PASSED ANTITRUST EXEMPTION FOR WORKERS ALLOWING THEM TO COORDINATE. SIMILAR WITH AD CO-OPS. INSTANCES WHERE THERE ARE DEEP DIVISIONS OF POWER. THIS IS A MARKET WE SEE THAT ASYMMETRY, IT COULD BE ONE STEP FORWARD CERTAINLY. ...

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01:03:02

I LIKED YOUR ANSWER TO SENATOR WICKER ABOUT HOW YOU HAVE TO LOOK AT DIFFERENT MARKETS AND DIFFERENT SITUATIONS DIFFERENTLY. WE'RE HAVING A HEARING THIS AFTERNOON WITH SENATOR BLUMENTHAL AND LEE AND OTHERS ON OUR ANTITRUST SUBCOMMITTEE ON THE APP STORE, 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 TO AND NEED TO BE ON EITHER GOOGLE OR APPLE'S APP STORE MARKET, IT'S 30% OFF THE TOP, SOMEWHERE BETWEEN 15% AND 30% THAT GOES OUT OF THE POCKETS OF REALLY CONSUMERS AND TO THESE APP STORES -- TO THESE COMPANIES. AND IT'S ALSO KIND OF STUNNING TO KNOW THAT THEY ARE BANNED, COMPANIES THAT ADVERTISE ON ONE OF THOSE APP STORES, ARE BANNED FROM TELLING THEIR CUSTOMERS THEY CAN GET A BETTER DEAL ON THEIR WEBSITE. AND I JUST DON'T 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? ...

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01:04:07

CERTAINLY. IT'S A SIGNIFICANT ISSUE AND AS YOU NOTED THE SOURCE OF THE POWER IS THE FACT YOU HAVE BASICALLY 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'RE 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. ...

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01:04:30

AND THEN FINALLY, SOMETHING THAT'S REALLY RELEVANT BECAUSE WE'RE TRYING TO GET THIS DONE QUICKLY, SENATOR GRASSLEY AND I HAVE JOINED FORCES AND HAVE A BILL THAT RESTRUCTURES THE FEES THAT HAVEN'T BEEN DONE SINCE THE MEGAMERGERS AND REDUCES THEM ON SMALLER MERGERS THAT ARE PAID IN ORDER TO GIVE RESOURCES TO THE FTC AND DOJ ANTITRUST, XHR SHADOWS OF THEIR FORMER SELVES FROM. ...

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01:04:59

Efan:EN THE REAGAN ERA. THIS WAS SUPPORTED BY THE TRACE, THIS BILL, AT THE VERY END OF LAST YEAR'S -- CHIEF OF STAFF MEADOWS WAS TRYING TO HELP UZ GET IT DONE AS WELL AS CHAIR SIMONS, FORMER CHAIR OF THE FTC, AS WELL AS MANY BASICALLY GOTTEN THROUGH THE SENATE IMPROMPTU. TALK ABOUT THE NEED FOR RESOURCES TO TAKE ON THE BIGGEST COMPANIES THAT THE WORLD HAS EVER DMOENKNOWN. ...

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01:05:23

AS YOU WELL NOTED, 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 YOU'RE DISCUSSING COULD MAKE A LOT OF SENSE TO HELP OUT. ...

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01:05:38

VERY GOOD. I'LL TURN TO YOU, MISS KERNAN. TRAVEL AND TOURISM, ONE OF THE CO-CHAIRS OF THAT CAUCUS, AND JUST 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. ...

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01:06:00

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 SOLVING THOSE A PRIORITY. ...

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01:06:35

THANK YOU. 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'RE NO LONGER HIDDEN FIGURES. THE TITLE OF THAT WONDERFUL MOVIE. COULD YOU JUST BRIEFLY EXPLAIN HOW IMPORTANT THIS IS TO YOU? ...

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01:07:03

WELL, IT IS. AS THE PRESIDENT HAS SAID, HE WANTS THE GOVERNMENT TO REFLECT AMERICA, AND WE'RE CERTAINLY GOING TO TRY TO DO THAT AT NASA, AND I THINK WE'VE ALREADY GOTTEN A GOOD START. I'D 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, JIM AND I, AND APOLLO. BUT WHEN THEY GOT TO THE SPACE SHUTTLE, THERE WAS A LADY NAMED NICHELLE NICHOLLS, WHO HAD BECOME A TREMENDOUS SYMBOL OF THE AFRICAN-AMERICAN COMMUNITY BECAUSE SHE PLAYED LIEUTENANT AHURA ON "STAR TREK." AND SHE AND NASA GOT TOGETHER, AND SHE REACHED OUT BECAUSE AFRICAN-AMERICANS DIDN'T 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'S PLENTY OF OPPORTUNITY FOR EXPANSION IN THE FUTURE, AND WE'RE GOING TO TRY TO DO THAT. ...

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01:09:28

THANK YOU SO MUCH. SENATOR?

01:09:31

THANK YOU, CHAIR CANTWELL, AND THANKS TO ALL OF OUR NOMINEES. CONGRATULATIONS ON YOUR NOMINATIONS. SENATOR NELSON, WELCOME BACK TO THE COMMITTEE. IT'S GOOD TO SEE YOU HERE EVEN IF IT'S 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 WORK GING RELATIONSHIP AND EVEN WHEN WE DID DISAGREE, I KNEW I COULD COUNT ON YOU TO WORK IN A FAIR AND STRAIGHTFORWARD MANNER TO RESOLVE ANY ISSUES AND TO CARRY ON OUR COMMITTEE'S BUSINESS. AND I CAN'T TELL YOU HOW PLEASED I WAS TO HEAR THE NEWS THAT THE PRESIDENT NOMINATED YOU FOR THIS POSITION. YOU'RE THE 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'M 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'S 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 DON'T KNOW -- CAN YOU GET THAT PHOTO UP OR NOT? THEY'RE WORKING ON IT. OKAY. I THINK WE HAVE A PHOTO OF OUR TRIP DOWN THERE, AND WHEN THEY GET THAT UP WE'LL COME BACK TO IT. OH, THERE IT IS. OKAY. ...

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01:10:56

OH, MY GOSH. OKAY.

01:10:58

YEAH. YEAH.

01:10:59

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.

01:11:10

YEAH. THAT'S RIGHT. THE INSTINCTS KICK IN. ANYWAY, GREAT TRIP. I LEARNED A LOT ABOUT YOUR STATE. SENATOR NELSON, AS YOU KNOW VERY WELL, NASA HAS INSPIRED THE YOUNG PEOPLE TO PURSUE STIM CAREERS SO BECOMING THE NEXT GENERATION OF SCIENTIST AND ENGINEERS TO PROPEL THE NATION'S SPACE PROGRAM FORWARD, NOT TO MENTION THE NUMEROUS OTHER SOCIETAL AND ECONOMIC BENEFITS ASSOCIATED WITH SPACE EXPLORATION. SOUTH DAKOTA DOESN'T HAVE A DIRECT NASA PRESENCE, BUT THE STATE PARTICIPATES IN BOTH THE SPACE GRANT PROJECT AND NASA'S EPSCORPS PROGRAM, WHICH PROVIDES YOUNG PEOPLE TO PARTICIPATE IN NASA PROJECTS. THEY PROVIDE WORKFORCE DEVELOPMENT AND EDUCATION TOOLS THAT BENEFIT REGIONAL ECONOMIES AND ADVANCE THE U.S. RESEARCH ENTERPRISE PARTICULARLY IN RURAL STATE WHERE IS SUCH SYSTEMS CAN BE OTHERWISE UNAVAILABLE. IF CONFIRMED, HOW WOULD YOU WORK TO BUILD UPON THE SUCCESS OF THESE PROGRAMS TO IMPROVE NASA'S STEM ENGAGEMENT? ...

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01:12:09

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 A CENTER OR NOT. THE STEM PROGRAM IS JUST INCREDIBLY IMPORTANT IN SCIENCE, ENGINEERING, TECHNOLOGY, AND MATHEMATICS. ALSO YOU MENTIONED THE ESCORPS PROGRAM. THAT IS A RECOGNITION THAT SOME STATES DON'T 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 YOU. AND TAKE ME DOWN INTO THAT ABANDONED GOLD MINE AGAIN. ONE MILE UNDERNEATH THE SURFACE OF THE EARTH. ...

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01:13:27

THAT'S QUITE A PLACE. 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 MAKE SURE NASA PLAYS A CONSTRUCTIVE ROLE IN A COHESIVE AND FOCUSED VISION ACROSS GOVERNMENT-SPONSORED AND COMMERCIAL MISSIONS? ...

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01:13:55

AND THAT IS BUILDING ON THE LAW THAT SENATOR KAY BAILEY HUTCHISON DESCRIBED A WHILE AGO THAT WE HAD PASSED BACK IN 2020, WHICH IS THE DUAL COURSE. 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 QUESTIONING IS THE LANDER. THIS IS A LANDING OF HUMANS ON THE SURFACE OF THE MOON. AND NASA JUST ANNOUNCED IT'S DOWN SELECT ON A CONTRACT ON A DEMONSTRATION OF LANDING ON THE MOON WITH A CREW AND BRINGING THEM BACK SAFELY. WE TALKED ABOUT THAT A FEW MINUTES AGO AS 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 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. ...

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01:16:21

THANK YOU. GREAT TO HAVE YOU BACK. MADAM CHAIR, I WILL YIELD BACK. MY TIME HAS EXPIRED. I DO WANT TO, FOR THE RECORD, ASK MISS KHAN ABOUT HER COMMENTS ON THE SUIT AGAINST FACEBOOK. ...

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01:16:33

THANK YOU. I THINK I'LL 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 HAS TO BE REDUNDANCY NOW. WE'LL FOLLOW UP WITH A QUESTION ON THAT. SENATOR BLUMENTHAL. ? THANKS, MADAM CHAIR. AGAIN, WELCOME BACK, SENATOR NELSON. I'M DELIGHTED THAT YOU WILL HAVE THIS ROLE AND REALLY INSPIRED BY YOUR OPENING STATEMENT. I WANT TO ASK A QUESTION ABOUT THE SOURCE 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 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'LL WALK ON MARS. OF COURSE WE'LL 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 SUBCONTRACTOR SS AND THAT NASA IS HOPING TO COMMERCIALLY PROCURE, MAINTAIN, AND SERVICE THOSE KINDS OF COMPONENTS, LIKE SPACE SUITS. DO YOU THINK THAT IT'S POSSIBLE TO SOURCE THEM COMPETITIVELY AS OPPOSED TO JUST GOING TO ONE SOURCE? ...

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01:18:53

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 SLOW DO YOU THINK IN THE SUPPLY CHAIN BECAUSE OF COVID AND BECAUSE OF NATURAL DISASTERS, HURRICANES, ET CETERA. BUT IT'S JUST AMAZING IN AMERICAN INDUSTRY HOW THE SUPPLY CHAINS PROVIDE WHAT IS NEEDED ULTIMATELY TO THE PRODUCT. AND THAT'S VERY IMPORTANT THAT WE KEEP THAT GOING. SO THANK YOU FOR RAISING THAT. ...

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01:19:51

THANK YOU. I REALLY WELCOME THAT ANSWER. MISS 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 AREN'T ENFORCED VIGOROUSLY. AND THE FTHSC RIGHT NOW HAS A COMPLAINT AGAINST FACEBOOK. WILL YOU BE COMMITTED TO VIGOROUSLY ENFORCE THAT COMPLAINT AND OTHER LAWS THAT ARE YOUR RESPONSIBILITY? ...

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01:20:33

ABSOLUTELY, SENATOR.

01:20:34

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 A LAW AGAINST BEHEMOTH CORPORATIONS LIKE FACEBOOK, GOOGLE, AMAZON? ...

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01:20:54

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'S 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, ENSUREING THAT THE AGENCIES ARE DOING EVERYTHING THEY CAN TO KEEP PACE IS GOING TO BE IMPORTANT. ...

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01:21:22

AND BEYOND THE KIND OF MARQUEE TASKS OF ENFORCEMENT, BIG TECH AND SO FORTH, THERE'S ALSO THE CONTINUING CHALLENGES OF EVERYDAY AMERICANS. I'M REMINDED OF ONE, JOEY ROBINSON, OF STRATFORD, CONNECTICUT, WHO WROTE TO ME ABOUT HER STRUGGLE TO FIND LEGITIMATE PPE, PERSONAL PROTECT PROTECTIVE EQUIPMENT, TO KEEP SAFE DURING THE PANDEMIC. SHE TOLD ME THAT AFTER EXTENSIVE RESEARCH SHE WAS STILL SWINDLED. SHE WROTE, "THEY HAD MY MONEY AND I HAD 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 MISS 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 AMERICANS. ...

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01:22:34

YEAH, 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 DECEPTIVE PRACTICES IN THE CONTEXT OF COVID. SO I WOULD HOPE AT THE VERY LEAST THE AGENCY WOULD USE THAT AUTHORITY. ...

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01:22:56

THANK YOU.

01:22:57

THANK YOU. SENATOR FISHER.

01:23:00

THANK YOU, SENATOR CANTWELL. MISS KHAN, I APPRECIATED SPEAKING WITH YOU BEFORE THE HEARING, AND I KNOW WE HAVE 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'VE BEEN PUSHING FOR MORE TRANSPARENCY AND COMPETITION IN CATTLE MARKETS. RECENTLY, THERE'S 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 PORK AND POULTRY 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 MAY VARY BY MARKET? ...

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01:23:53

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 SOMETIMES ONE ENTITY, AND THAT TYPE OF RELATIONSHIP ALSO OF COURSE CAN LEAD TO CERTAIN TYPES OF AMIM TRIS AND THE ABILITY TO DICTATE TERMS. SO I THINK ALL OF THOSE FACTORS ARE REALLY IMPORTANT TO LOOK AT WHEN TRYING TO ASSESS THESE ISSUES. ...

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01:24:30

IF YOU'RE 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? ...

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01:24:43

YEAH, SO, THE FLTTC HAS LIMITED JURISDICTION IN AGRICULTURE CONTEXT. SO 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 DON'T HAVE A SITUATION WHERE CONSOLIDATION DOWN HERE, YOU KNOW, UPSTREAM EXACERBATES CONSOLIDATION. I THINK THAT WILL BE ONE IMPORTANT THING TO FOCUS ON. ...

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01:25:08

THANK YOU. SENATOR NELSON, GOOD TO SEE YOU AGAIN.

01:25:12

THANK YOU, SENATOR.

01:25:13

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 PROGRAMS ADMISSIONS, SUCH AS THE ARTEMIS PROGRAM AND THE SPACE LAUNCH SYSTEM? ...

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01:25:37

IT'S 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 DIDN'T JUST START YESTERDAY. IT STARTED YEARS AGO. SENATOR KAY BAILEY HUTCHISON INDICATED HOW IT HAD STARTED WITH THE LEGISLATION BACK IN 2010. SO IT'S VERY IMPORTANT TO KEEP THIS CONTINUITY GOING FROM YEAR TO YEAR, EXTREMELY IMPORTANT. ...

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01:26:19

THANK YOU. AND AGAIN, GOOD TO SEE YOU. MISS KIERNAN, YOU LISTED THE DEPARTMENT OF COMMERCE'S I.T. AND THE 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? ...

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01:26:48

SENATOR, PROTECTING OUR NETWORKS IS VITAL TO OUR ECONOMIC AND NATIONAL SECURITY. THIS CYBERSECURITY NETWORK HAS IMPROVED CYBERSECURITY AWARENESS AND FACILITATED REGULATORY STREAMLINING. SINCE I'M NOT AT THE AGENCY, I DON'T HAVE ALL THE CURRENT DETAILS ON THE DEPARTMENT'S EFFORTS IN THIS REGARD, BUT IF CONFIRMED,LY MAKE IT A PRIORITY TO WORK WITH THE EXPERTS AT NI SECTION ST AND OTHER AGENCIES THROUGHOUT THE GOVERNMENT ON THESE ISSUES. ...

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01:27:22

IF YOU ARE CONFIRMED AS GENERAL COUNSEL, HOW WOULD YOU ADVISE THE DEPARTMENT TO APPROACH THESE CHALLENGES?

01:27:28

SENATOR, I THINK THAT THIS IS AN ISSUE THAT 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. ...

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01:28:07

THANK YOU. THANK YOU, MADAM CHAIR.

01:28:14

THANK YOU. SENATOR TESTER IS NEXT.

01:28:18

THANK YOU, MADAM CHAIR. THIS IS FOR NOMINEE KHAN. IT GOES KIND OF ON THE SAME LINE THAT SENATOR FISHER WAS ASKING QUESTIONS. I'M 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 THROUGH FOOD MORE THAN YOU CAN CONTROL WITH ANYTHING ELSE. AND WE'VE HAD -- WE'VE HAD THE LUXURY OF HAVING AN INCREDIBLE PRODUCTION AGRICULTURE ECONOMY THAT HAS FED THE WORLD. NOT JUST RECENT YEARS BUT FOR SOME TIME WE'VE WATCHED CONSOLIDATION CREEP INTO AGRICULTURE, IN THE CHICKEN INDUSTRY, IN THE PORK INDUSTRY, IN THE BEEF INDUSTRY, IN THE GRAINS. WE EVEN SEE IT IN CROPS LIKE THAT. THIS ISN'T AMAZON. IT'S NOT FACEBOOK. IT'S NOT NEW TECHNOLOGY. THE BIG PROCESSES HAVE 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'VE SEEN THIS CONSOLIDATION RESULT IN THIS RURAL COMMUNITIES DRYING UP, NO COMPETITION IN THE MARKETPLACE, BOTH WHEN YOU SELL GOODS AND WHEN YOU BUY INPUTS. YOU'RE TOTALLY LOCKED INTO A GROUP OF THREE OR FOUR PEOPLE WHO COULD BASICALLY GO ON A GOLF COURSE AND DETERMINE WHAT'S GOING TO BE PAID IN THE MARKETPLACE. CAPITALISM IS NOT WORKING. SO MY QUESTION TO YOU, NOMINEE KHAN, IS YOU'RE A SMART PERSON, YOU KNOW ABOUT CONSOLIDATION, BUT I THINK THE REASON THAT MANY OF THE ADMINISTRATIONS IN THE PAST HAVEN'T DEALT LWITH 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 RE-ELECTION CAMPAIGNS OF MANY PEOPLE THAT SIT ON THIS PANEL AND A WHOLE BUNCH OF OTHERS. HOW ARE YOU GOING TO DEAL WITH THE CONSOLIDATION ISSUE, AND HOW ARE YOU GOING TO DEAL IT WITH FROM A POLITICAL STANDPOINT? ...

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01:30:39

THANK YOU, SENATOR. YOU KNOW, AS YOU NOTED I THINK THERE'S 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 WE FACE ACROSS THE BOARD. IN THE CONTEXT OF AGRICULTURE MORE SPECIFICALLY, IT'S 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 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 REALLY INTERESTING AS AN EXAMPLE OF SOME OF THE ADDITIONAL EFFECTS THAT CONCENTRATION HAS INSOFAR 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. ...

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01:31:43

SO I WANT TO CONTINUE ON THIS LINE OF QUESTIONING REALLY QUICK, NOMINEE KHAN. YOU SAID FOR THE MOST PART THIS IS IN THE YOUJUSTICE DEPARTMENT'S REALM. LOOK, WHAT I HAVE SEEN IN MY 14 YEARS HERE ON THE HILL IS IN MANY DIFFERENT ISSUES BUT YOU HAVE MANY DIFFERENT AGENCIES IN CHARGE OF PUTTING FIBER IN THE GROUND OR WHEN YOU HAVE A COUPLE AGENCIES IN CHARGE OF DEALING WITH CONSOLIDATION, AND 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? ...

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01:32:18

YEAH. 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 NOT THERE. BUT AS I MENTIONED EARLIER, THE FTC HAS JURISDICTION OVER KIND OF DOWNSTREAM IN THE FOOD SYSTEM, SO ESPECIALLY IN THE CONTEXT OF FOOD RETAIL, GROCERY, AND SO INSOFAR AS SIMS 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 FULLY ENFORCING THE LAW OVER THE FOOD MARKETS THAT IT DOES HAVE JURISDICTION OVER IS GOING TO BE IMPORTANT. ...

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01:33:00

WELL, I APPRECIATE THAT. I WILL TELL YOU AS SOMEBODY THAT'S INVOLVED IN PRODUCTION AGRICULTURE, I WOULD HOPE THAT WEMD GET WE WOULD GET SOME FOLKS THAT WOULD TACKLE THEING THING ARA, MULTINATIONAL AGRA BUSINESSES THAT, QUITE FRANKLY I THINK THEY'RE NOT ALLOWED CAPITAL IMISM IMISMCAPITALISM TO WORK AS IT SHOULD. GOOD TO SEE YOU, SENATOR HUTCHISON, AND GOOD TO SEE YOU, SENATOR NELSON. AND GOOD LUCK TO YOU BOTH IN WHATEVER YOUR ENDEAVORS ARE. NELSON, IT'S NASA AND I EXPECT YOU TO MOVE THE LAUNCH PAD UP TO MONTANA, IT'S IN CAPE CANAVERAL, BUT IF YOU DON'T I'LL STILL VOTE FOR YOU. KAY, REALLY GOOD TO SEE YOU. TAKE CARE, YOU GUYS. ? THANK YOU FOR THOSE QUESTIONS. I WANT TO ECHO HIS COMMENTS. I SEE THIS ALL THE TIME IN PRICING OF AGRICULTURE PRODUCT IN THE PACIFIC NORTHWEST. THERE'S TOO MUCH A CONCENTRATION OF POWER IN SETTING THE PRICE, AND WE NEED TO EITHER 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'M SORRY, THE VERTICALS THERE ARE JUST, YOU KNOW, PUTTING TOO MUCH PRESSURE ON THE PRICE. SO ANYWAY, OKAY, WE'RE TURNING TO SENATOR MORAN. ...

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01:34:35

FOR THIS HEARING. I HAD AN OPPORTUNITY TO MEET BOTH WITH MISS KHAN AND WITH SENATOR NELSON. AND I APPRECIATE THOSE CONVERSATIONS. THEY WERE VALUABLE TO ME. I DON'T 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 MISS KHAN A QUESTION ABOUT SOCIAL MEDIA. I'VE BECOME INCREASINGLY CONCERNED ABOUT SOCIAL MEDIA COMPANIES THAT PROMISE TO BE FREE AND OPEN MARKETPLACE FOR IDEAS BUT THEY'RE NOT IN MY VIEW UP UPHOLDING THOSE PROMISES TO THEIR CONSUMERS. I'VE INTRODUCED THE PROMISE ACT THAT WOULD REQUIRE SOCIAL MEDIA COMPANIES TO EXPOSE POLICIES AND PROHIBIT A SOCIAL MEDIA COMPANY FROM MAKING A DECEPTIVE POLICY STATEMENT, QUOTE/UNQUOTE. 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? ...

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01:35:57

THANK YOU, SENATOR. UM, I THINK, AS EARLIER IN THE EXCHANGE WITH SENATOR BLUMMEN SHAWL, AT THE VERY LEAST WE NEED THE FEDERAL TRADE COMMISSION TO UTE ITS XASZIES TO MITIGATE THESE INFORMATION GAPS. SOCIAL MEDIA, BLACK BOX ALGORITHMS, PROPRIOR TEAR ALGORITHMS THAT CAN SOMETIMES MAKE IT DIFFICULT TO KNOW WHAT'S REALLY GOING ON. THE FTC DID IN THE LAST COUPLE YEARS USE ITS AUTHORITY TO START TRYING TO GET SOME MORE OF THIS INFORMATION SO HOPEFULLY THAT WILL PROVIDE SOME MORE TRANSPARENCY. BUT IN GENERAL I THINK THE COMMISSION'S INFORMATION COLLECTION AUTHORITIES CAN BE USEFUL HERE. ...

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01:36:39

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 START-UPS. SO I LOOK FORWARD TO FURTHER CONVERSATIONS WITH YOU AND THE FTC IF THIS LEGISLATION IN PARTICULAR MOVES FORWARD. LET ME TURN TO MISS TEARMAN. A CYBERATTACK 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. SOLAR WINDS WAS COMPROMISED WITH 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 I.T. MODERNIZATION. MY MGT ACT, PASSED IN 2017 AND FUNDED, ALLOWS DEPARTMENTS AND AGENCIES TO UPGRADE THEIR I.T. INFRASTRUCTURE. HOW SHOULD THE DEPARTMENT OF COMMERCE STRENGTHEN ITS CYBER DEFENSES? WHAT ROLE DOES I.T. MODERNIZATION PLAY IN THIS EFFORT? ...

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01:38:04

SENATOR, PROTECTING OUR NETWORKS IS VITAL TO OUR ECONOMIC AND NATIONAL SECURITY. I THINK I.T. 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. ...

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01:38:32

I THANK YOU FOR THAT. LET ME ASK YOU ONE MORE QUESTION, MISS KEIRMAN. THE PROOIFR PRIVACY SHIELD, TRANSFERRING DATA ACROSS BORDERS IS CRUCIAL TO A BROAD RANGE OF COMPANIES IN KANSAS, ALL SIZES, ALL INDUSTRIES AND THE CONSUMER WHO IS 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 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.? ...

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01:39:19

YES, SENATOR. CROSS BORDER DATA TRANSFER 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. ...

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01:39:37

I THANK ALL THREE OF OUR NOMINEES, AND I SAY HELLO TO SENATOR HUTCHISON AS WELL. BEST REGARDS, KAY. THANK YOU, MADAM CHAIR, FOR THE OPPORTUNITY TO ASK MY QUESTIONS. IN THANK YOU, SENATOR MORAN. WE'RE GOING TO GO TO SENATOR HICKENLOOPER. AND THEN FOLLOWING HIM WILL BE SENATOR BLACKBURN. ...

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01:39:58

YEAH. AM I ON? 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 BEGINSING OF JOHN BARLOW, HE WAS AN ACQUAINTANCE OF MINE, THE NOTION YOU'RE NOT PAYING FOR SOMETHING, YOU'RE THE PRODUCT IS APPROPRIATE I THINK IN SO MANY WAYS HERE. NAY V ANYWAY, I WANT TO ASK A QUESTION FOR SENATOR NELSON AND SPECIFICALLY PRESIDENT BIDEN'S SKINNY BUDGET REQUEST FOR NASA AS FOR A ROBUST $2.3 BILLION IN FUNDING FOR EARTH SCIENCE PROGRAMS. I MAYBE UNFORTUNATELY HAVE A MASTERS IN EARTH AND ENVIRONMENTAL SCIENCE, AND I RECOGNIZE THAT THE CLIMATE CRISIS IS REAL AND I THINK THAT NASA RESEARCHERS HAVE CAPABILITIES AND THEY COULD BE AN IMPORTANT PARTNER IN THIS FIGHT. AND I THINK THEIR RESEARCH INTO ALTERNATIVE FIELDS, OTHER FUELS, BATTERY STORAGE COULD BE IMPORTANT TOOL BAR EFFORTS TO ADDRESS CLIMATE CHANGE ON EARTH. 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? ...

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01:41:22

IT'S A VERY IMPORTANT INCREASE. YOU CAN'T MITIGATE CLIMATE CHANGE INDIANAPOLIS YOU CAN MEASURE IT. AND THAT'S NASA'S EXPERTISE. UNDERSTANDING OUR PLANET GIVES US THE MEANS TO BET PROCEDURE TEXT 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'RE TALKING ABOUT. ...

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01:42:18

YEAH. I THINK IT'S VERY EXCITING. KIND OF ALONG THAT LINE, EXPANDING IT INTO THE OVERALL AEROSPACE INDUSTRY, AS YOU KNOW, COLORADO'S 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 COMMITTED -- 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? ...

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01:42:54

WELL, IT'S NOT ONLY CRITICAL, IT'S 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'S BEEN OPPORTUNE FOR 11 YEARS, AND FOR THE FORESEEABLE FUTURE IT'S 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, SAY 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 CREW 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 ON TO MARS, WE'RE GOING TO SEE COMMERCIAL PARTICIPATION AND WE'RE SEEING THAT AS WE SPEAK IN WHAT WAS ANNOUNCED LAST WEEK IN THE DOWN SELECT ANA COMPETITION FOR THE FIRST HUMAN LANDING ON THE MOON. ...

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01:44:46

RIGHT.

01:44:47

BUT THERE'S A LOT OF COMMERCIAL ACTIVITY THAT IS GOING TO THEN BE FOLLOWED ON, COMPETITION --

01:44:54

I AGREE. SENATOR, LET PEME CUT YOU OFF BECAUSE REAL QUICKLY, I'M OUT OF TIME.

01:45:03

SURE.

01:45:03

THIS ALWAYS HAPPENS. I WANTED TO VERY QUICKLY ASK YOU ABOUT NATIONAL SPACE COUNCIL AND THEIR ABILITY TO PLAY A ROLE AS THE INTERAGENCY COORDINATION ON SPACE POLICY ISSUES THAT IN MANY CASES TRANSCEND FEDERAL AGENCIES. JUST ABOUT OUT OF TIME OR I AM OUT OF TIME, SO BE VERY CONCISE. ...

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01:45:23

AS A MATTER OF FACT, I SUPPORT THE NATIONAL SPACE COUNCIL AND WAS DELIGHTED TO SEE THAT APPARENTLY THE PRESIDENT HAS DECIDED THAT HE WANTS TO CONTINUE THAT. ...

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01:45:36

RIGHT.

01:45:36

WHATEVER IT IS, YOU NEED A FORUM LIKE THAT BECAUSE SPACE IS NOT UNIQUELY TO NASA, IT'S NOT UNIQUELY TO THE DEPARTMENT OF DEFENSE. SPACE IS INVOLVING EVERYBODY, AND YOU NEED THAT COORDINATION AMONG AGENCIES. ...

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01:45:51

THANK YOU.

01:45:53

ABSOLUTELY. I JUST WANTED TO -- I APPRECIATE -- I WAS VERY EXCITED WHEN I SAW THE WHITE HOUSE CONFIRM THAT. I WANTED TO HEAR THE EXCITEMENT IN YOUR OWN WORDS. THANK YOU ALL AND I YIELD BACK MY TIME. OR NO TIME. ...

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01:46:06

THANK YOU. SENATOR BLACKBURN, THEN SENATOR MARKEY, THEN SENATOR SCOTT. SENATOR BLACKBURN.

01:46:12

THANK YOU, MADAM CHAIR. AND SENATOR HUTCHINSON, SO GOOD TO SEE YOU. THANK YOU FOR JOINING US TODAY. 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'LL JUST TOUCH ON THAT. ...

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01:47:18

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'RE GOING TO LINK UP WITH RUSSIA TO PUT HUMANS ON THE MOON. I THINK THERE'S 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. ...

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01:48:33

WELL, I AGREE WITH YOU ON THAT, AND I TELL YOU, I THINK WE'RE GOING TO HOLD YOU TO YOUR COMMITMENT OF BACK TO THE MOON COMMITMENT. TO MARS BY 2030, AND I ALSO FOR THE RECORD, WANT TO STATE HOW MUCH I APPRECIATE YOUR FOCUS ON THE PUBLIC/PRIVATE PARTNERSHIP AND MAKING CERTAIN WE'RE COST COMPETITIVE AS NASA MOVES FORWARD WITH DIFFERENT VENTURES. SO THANK YOU FOR THAT. ONE QUESTION FOR MISS KHAN. WHAT WOULD YOU HAVE DONE DIFFERENTLY IN THE MERGER REVIEW PROCESS? ...

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01:49:23

I THINK OVER THE LAST FEW YEARS IN PARTICULAR THERE'S BEEN A LOT OF EVIDENCE THAT'S COME TO LIGHT THAT SUGGESTS 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 ASYMMETRY AND PART WAS BECAUSE THERE WAS AN ASSUMPTION THAT DIGITAL MARKETS IN PARTICULAR ARE FAST-MOVING SO WE DON'T NEED TO BE CONCERNED ABOUT POTENTIAL CONCENTRATION IN THE MARKETS BECAUSE ANY EXERCISE OF POWER WILL GET DISCIPLINE BY ENTRY AND NEW COMPETITION. NOW, OF COURSE, WE KNOW IN THE MARKETS YOU ACTUALLY HAVE SIGNIFICANT NETWORK EXTERNALITIES IN WAYS THAT MAKE THEM MORE STICKY. SUCH THAT YOU HAVE TO BE MORE VIM VIGILANT RELATED TO THE ACQUISITIONS. THERE'S A GROWING SENSE SOME OF THE MERGER REVIEWS WERE A MISSED OPPORTUNITY. ...

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01:50:17

I WOULD LIKE FOR YOU TO SUBMIT A MORE COMPLETE ANSWER AS TO WHAT YOU WOULD HAVE DONE DIFFERENTLY IN WRITING. WE KNOW WHAT THE PROBLEMS WERE. 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. MISS KEERNEN, THANK YOU FOR THE TIME AND QUICKLY, I'VE GOT 25 SECONDS LEFT. IF YOU WILL TALK A LITTLE BIT ABOUT WHERE YOUR FOCUS WILL BE ON SPECTRUM POLICY. ...

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01:51:10

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 GOVERNMENT-WIDE SPECTRUM PLAN, AND I THINK THAT WE NEED A GOVERNMENT-WIDE 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 NEED FOR SPECTRUM TO SATISFY ITS NEEDS AND ITS ABILITY TO PERFORM ITS RESPONSIBILITIES. ...

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01:51:53

THANK YOU. THAT COMPLETES MY QUESTION.

01:51:55

THANK YOU, SENATOR BLACKBURN. NEXT IS SENATOR MARKEY.

01:52:05

THANK YOU. WELCOME BACK, BILL. 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 IN 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? ...

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01:52:50

THANK YOU, SENATOR. I ENJOYED TALKING WITH YOU AT LENGTH IN OUR JUNE CALL. AS I SAID TO SENATOR HICKENLOOPER, YOU CAN'T MITIGATE CLIMATE CHANGE WHICH IS HAPPENING UNLESS YOU MEASURE IT. AND THAT IS UNIQUELY NASA BEING ABLE TO MEASURE FROM ALL OF THE INSTRUMENTS THAT NASA DESIGNS, BUILDS AND PUTS INTO ORBIT. AND BY THAT, UNDERSTANDING THE EARTH, THAT ALLOWS US THE OPPORTUNITY TO PROTECT IT. THIS IS ONE OF THE MAJOR THRUSTS OF PRESIDENT JOE BIDEN. AND NASA IS UNIQUELY POSITIONED TO TRY TO HELP. IF I MAY VENTURE, I'M 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 EFFECTS 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. THAT FROM ALTITUDE WHERE THEY WERE DESTROYING THE RAIN FOREST. OR 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 THE SILT THAT WERE FILLING OUT INTO THE BRIGHT BLUE WATERS OF THE INDIAN OCEAN. SO NOW WE'RE SO MUCH MORE PREPARED TO MEASURE WHAT'S HAPPENING. ...

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01:54:56

AND THAT'S WHY NASA IS GOING TO BE SO IMPORTANT. AND IT'S WHY SENATOR DUCKWORTH AND I HAVE INTRODUCED THE DATA COLLECTION ACT AND MAPPING. SO 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 JUST ARE REALLY LOOKING FORWARD TO PARTNERING WITH YOU ON THAT, AND MISS KHAN, I RECENTLY SENT THE FEDERAL TRADE COMMISSIONER A LETTER HIGHLIGHTING EVIDENCE THAT THE ED TECH COMPANY PRODIGY ENGAGEMENT COMPANY UNFAIR AND PRACTICES RESEARCH SHOWS THAT PRODIGY'S ONLINE MATH GAME MANIPULATES CHILDREN AND FAMILIES TO MAKE PURCHASES BY TELLING KIDS WHAT ITEMS THEIR FRIENDS HAVE BOUGHT IN THE GAME. AND IN THE GAME, A CHILD USER WHO BOUGHT A PREMIUM MEMBERSHIP FLOATS ON A CARTOON CLOUD. A KID WHO DIDN'T BUY A MEMBERSHIP WALKS ON A DIRT PATH. SO CAN YOU PLEASE COMMIT THAT IF YOU'RE CONFIRMED, YOU'LL WORK TO USE OUR 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? ...

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01:56:28

ABSOLUTELY. I THINK SOME OF THESE ISSUES ARE HEIGHTENED DURING THE PANDEMIC ESPECIALLY DEPENDING ON THE TECHNOLOGIES. WE NEED TO BE ESPECIALLY VIGILANT...

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01:56:38

THANK YOU. AND FINALLY, I OPTED THE CHILD ONLINE PRIVACY CHILDREN ACT IN 1998. 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 COPPER THAT YOU'RE GOING TO PRIORITIZE PROTECTIONS FOR CHILDREN, NOT LOOSENING THEM? THAT'S WHAT MANY COMPANIES ACHIEVE TO SEEK SO THEY CAN EXPLOIT THESE KIDS FOR THEIR OWN MONETARY BENEFIT. ...

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01:57:16

I VIEW THE PREVIOUS RULES SHOULD BE THE FLOOR NOT THE CEILING. I'M NOT PRIVY TO THE CURRENT STATUS OF THE COPPER RU VIEW. GENERALLY AS WE THINK AHEAD AS THE FUTURE OF KIDS PRIVACY, YOUR KIDS ACT IS AN IMPORTANT FRAMEWORK AS WE MOVE FORWARD. ...

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01:57:34

THANK YOU. THANK YOU, MADAME CHAIR.

01:57:36

THANK YOU. SENATOR SCOTT.

01:57:39

I WANT TO THANK ALL THE NOMINEES FOR BEING HERE. SENATOR NELSON, IT'S 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'VE SEEN IN FLORIDA OVER THE LAST DECADES? ...

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01:58:06

YES, INDEED, SENATOR. IT'S 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'RE GOING TO SEE MORE OF THE COMMERCIAL ACTIVITIES. WE'RE SEEING, FOR EXAMPLE, BLUE ORIGIN THAT HAS NOW CONTRACT D WITH THE AIR FORCE, AND NOW THE SPACE FORCE, AND THEY'RE NOT ONLY DEVELOPING A VERY COMPLEX LAUNCH PAD, BUT THEY ALSO HAVE A ROCKET MANUFACTURING FACILITY THAT THEY HAVE LEASED LAND FROM THE KENNEDY SPACE CENTER AND IT'S A BIG OPERATION. I THINK THERE'S 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 DON'T HAVE TO SPEND THE FUEL AS YOU GO IN TO ORBIT. WHY SOUTH? THE CLOSER YOU CAN GET TO THE EQUATOR, LIKEWISE YOU'VE GOT THAT EARTH ROTATION THAT HELPS YOU GOING INTO EARTH. SO I THINK IT'S GOING TO BE A VERY ROBUST FUTURE MORE SPECIFICALLY FLORIDA, BUT OTHER STATES AS WELL. ...

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02:00:03

YEAH. I THINK BOB HAS DONE A GREAT JOB.

02:00:05

HE'S DONE A TERRIFIC JOB.

02:00:08

ON THE PRIVATIZING, IT'S REMARKABLE WHAT'S 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 THAT AND THE IMPORTANCE OF THAT? ...

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02:00:22

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 IT IS LAW, AND IT BASICALLY SAYS THAT YOU DON'T COOPERATE IN SPACE UNLESS THERE IS A SIGN OFF 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. ...

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02:01:00

AND YOU THINK IT'S IMPORTANT TO CONTINUE TO HOLD CHINA ACCOUNTABLE?

02:01:04

INDEED, AND I EXPANDED FURTHER IN MY COMMENT WITH SENATOR BLACKBURN, AND THAT IS THAT YOU'D BETTER BE CONCERNED BECAUSE NOW CHINA IS GETTING TOGETHER WITH RUSSIA AND SAYING THEY'RE GOING TO GO TO THE MOON TOGETHER. THAT'S A LONG TIME UNTIL THAT HAPPENS. ...

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02:01:32

CONGRATULATIONS ON YOUR NOMINATION.

02:01:35

THANK YOU.

02:01:36

THANK YOU, SENATOR SULLIVAN.

02:01:38

THANK YOU, MADAME CHAIR AND TO OUR NOMINEES. CONGRATULATIONS. SENATOR NELSON, GOOD TO SEE YOU AGAIN, SIR. LET'S JUST ASK ABOUT THIS ISSUE. I'M A BIG FAN OF NASA AND THE SPACE AGENCY AND ALL THAT'S HAPPENING. AND I ALWAYS ASK OUR NOMINEES, I REMEMBER WHEN I ASKED OUR PREVIOUS NOM KNOW NEAR. TO ME THERE'S SO MUCH WE CAN BE DOING TO INSPIRE OUR YOUTH. ONE OF MY FAVORITE MOVIES IS THE MARTIAN. HOLLYWOOD WOULD DO SOMETHING GREAT FOR OUR COUNTRY, INSPIRING YOUNG AMERICANS. THERE'S 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. 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 AT STEM EDUCATION. ALL THE GREAT SCIENTISTS -- THERE'S SO MUCH THAT WE CAN DO. I THINK WE'RE JUST SCRATCHING THE SURFACE. ...

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02:02:55

INDEED, SENATOR. AND THANK YOU FOR YOUR ENTHUSIASM WITH REGARD TO SPACE.

02:03:00

I LOVE IT. IT'S GREAT. I'M ENTHUSIASTIC.

02:03:04

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 OF THE THAT, THAT EXPLODED OUR ADVANCE AS A COUNTRY COMPARED TO OTHERS ON THE PLANET. 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 AS GIVEN A BOOST IN HIS RECOMMENDED BUDGET TO THE STEM AREA, AND IT'S JUST NOTHING LIKE SPACE THAT CAN GET KIDS EXCITED. ...

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02:04:20

GOOD. WELL, I THINK YOU'LL HAVE A LOT OF GOOD PARTNERS, DEMOCRATS, REPUBLICANS WHO WILL WANT TO HELP YOU IN THAT REGARD. I THINK IT'S A HUGE OPPORTUNITY. I SEE IT EVERYWHERE, SO WE SHOULD GET TOGETHER AND WORK HARD ON THAT. I LOOK FORWARD TO DOING THAT WITH YO U. MISS KEERN, WE ARE LATER GOING DOWN ON THE SENATE FLOOR AND TRYING TO MOVE OUR LEGISLATION THAT'S BEEN REALLY JUST A RESULT OF ENORMOUS FRUSTRATION THAT WE HAVE WITH CDC RIGHT NOW. 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'S ONLY LOOKING AT THE VIRUS NO MATTER WHAT. THE HEALTH IMPACTS ARE ON OTHER ELEMENTS OF OUR ECONOMY, COMMUNITIES. IN MY SPATE, WE DON'T HAVE ANOTHER CRUISE SHIP SEASON, WE CAN DO IT SAFELY, WE'RE GOING TO PUT THOUSANDS IF NOT TENS OF THOUSANDS OF MY FELLOW ALASKANS OUT OF WORK. THE CDC DOESN'T CARE. I'VE TALKED TO THEM. I HAVE WORKED WITH THEM. THE GOOD NEWS IS I'VE TALKED TO THE SECRETARY OF COMMERCE WHO SEEMS TO CARE. I NEED YOUR COMMITMENT OF CONFIRM 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 WE HAVE THOUSANDS OF PEOPLE OUT OF WORK BEING PUT OUT OF WORK. THAT'S IMA HUGE IMPACT. CAN I GET YOUR VIEW ON THAT? ...

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02:06:05

YES, SENATOR. I THINK HELPING THE TOURISM INDUSTRY RECOVER FROM THE EFFECT 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. ...

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02:06:34

GREAT. THANK YOU. AND MISS KHAN, I WANT TO ASK YOU QUICK QUICKLY. I KNOW YOU'VE BEEN FOCUSSED ON TECH. THERE'S RECENT EVENTS THAT HAVE DRAWN ATTENTION TO MAJOR LEAGUE BASEBALL'S UNIQUE TRADITIONAL CREATED ANTI-CRUST EXEMPTION. WHY DOES MAJOR LEAGUE BASEBALL NEED SUCH AN EXEMPTION, ESPECIALLY WHEN WE SEE OTHER SPORTS LEAGUES DRIVING WITHOUT AN ANTI-TRUST COMMISSION? YOU'RE AN EXPERT IN THIS AREA. DO YOU HAVE A VIEW ON THAT ONE? ...

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02:07:07

WELL, SENATOR, MY SENSE IS GENERALLY CONGRESS HAS VIEWED IT AS APPROPRIATE TO GRANT EXEMPTIONS WHEN THERE ARE DEEP POWERS IN THE MARKET. I'M NOT SURE THE MLB WOULD FALL INTO THAT CATEGORY. I CAN'T REALLY FROM THE TRADITIONAL SET OF CRITERIA, I DON'T THINK IT NECESSARILY MAKES SENSE, BUT MAYBE THERE ARE OTHER JUSTIFICATIONS THAT PEOPLE THOUGHT WERE APPROPRIATE. ...

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02:07:30

SO YOU'RE --

02:07:33

I THINK EXEMPTIONS ARE MOST APPROPRIATE WHEN YOU HAVE DEBASE SYMMETRY SUCH THAT ONE SIDE OF THE MARKET, THE COORDINATOR COME TOGETHER. I DON'T REALLY RIGHT OFF THE TOP SEE WHAT THE ASYMMETRY IS WITH THE MLB, THE POWER THAT'S RELATIVE TO WHOM. THAT'S THE KIND OF QUESTION THAT I WOULD ASK TO TRY TO FIGURE OUT IF IT'S APPROPRIATE. ...

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02:07:52

THANK YOU. THANK YOU, MADAME CHAIR.

02:07:55

THANK YOU.

02:07:58

THANK YOU, MADAME CHAIRMAN. I WANT TO TELL SENATOR NELSON HOW MUCH I ENJOYED MEETING WITH YOU. IT'S GREAT TO SEE YOU AGAIN. AND WE HAVE SUCH A GREAT VISIT. I'M 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 LUGS RISK LEVEL OVER THEIR LIFETIME? ...

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02:08:42

YES, MA'AM. AND WHAT WITH ARE HAVING SO MUCH INFRASTRUCTURE IN SPACE THAT WE HAVE A SERIOUS PROBLEM ABOUT SOME OF THAT INFRASTRUCTURE COLLIDING. AND YOU GET A COLLISION GOING AT 17,500 MILES PER HOUR, YOU'RE GOT A PROBLEM. THE PROBLEM HAS BEEN EXACERBATED BY THE FACT THAT THE CHINESE DEVELOPING AN ASAP, AN ANTI-SATELLITE WEAPON, YEARS AGO, LAUNCHED IT TO DESTROY ONE OF THEIR SATELLITES AND IN SO DOING, JUST BLEW IT UP WITH THOUSANDS OF PIECES LITTERING SPACE AS PACE JUNK. THE U.S. AIR FORCE TRACKS ALL OF THIS. AS A RESULT, YOU GET THOUSANDS AND THOUSANDS OF PIECES. IT BECOMES INCREASINGLY A PROBLEM. TRYING TO WARN, FOR EXAMPLE, THE INTERNATIONAL SPACE STATION THAT THAT MAY NEED TO ALTER THEIR ORBIT IN ORDER TO GET OUT OF THE WAY OF THIS PIECE OF SPACE JUNK. LIKEWISE, SENSITIVE SATELLITES BOTH DEFENSE AS WELL AS COMMERCIAL AND CIVILIAN. ...

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02:10:13

SO GIVEN THE CRITICAL ASSETS THAT NASA HAS, WHAT LEVEL OF TERRIFIC CAUSED BY THE COMMERCIAL OPERATIONS WOULD NASA BE WILLING TO ACCEPT FROM THE ENTESHL ACTIVITIES? ...

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02:10:27

WELL, I THINK YOU'VE 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'S A COMMERCIAL. YOURS IS SPECIFICALLY COMMERCIAL, BAA IT COULD BE A GOVERNMENT SATELLITE AS WELL. IF IT'S DEAD, THEN THERE OUGHT TO BE A PROVISION FOR GETTING IT DOWN, DEGRADING THE ORBIT OF WHEN IT THEN GETS INTO THE ATMOSPHERE AND BURNS UP IN ENTRY. I THINK THAT'S SOMETHING THAT ALREADY STARTED AND OUGHT TO BE ACCELERATED. ...

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02:11:13

THANKS FOR THOSE ANSWERS. 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? ...

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02:11:32

YES, MA'AM. CONTINUING WHAT WAS STARTED 11 YEARS AGO, SETTING NASA ON THE DUAL COURSE OF COMMERCIAL OPERATIONS AND LOW EARTH ORBIT AND GETTING NASA OUT TO GO EXPLORE, AND NOW PART OF THAT BEING THE ARTAMIS PROGRAM OF WHICH YOU SEE THE COMMERCIAL OPERATORS THAT HAVE BEEN COMPETING, THAT JUST ANNOUNCED BY NASA. I'M NOT PRIVY TO THE INTERNALS OF THAT, BUT WHAT WAS STATED IN THE YUP IS A -- GOING TO BE A CONTINUING SOURCE OF WORKING TOGETHER IN A COOPERATIVE WAY, ESPECIALLY WHEN YOU PUT HUMANS ON BOARD, BECAUSE NASA HAS GOT TO BE INVOLVED AND MAKE SURE THAT IT'S SAFE. ...

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02:12:29

WHAT WILL YOU DO TO FURTHER EXPAND THE ARTAMISCORD AND ENSURE THE U.S. NOT ONLY LEADS IN THE TECHNOLOGY BUT ALSO IN THE POLICY REALM?

02:12:40

WELL, I'M GOING TO TRY TO CONTINUE TO GET IT EXPANDED AND ACCEPTED BY OTHER COUNTRIES THAT HAVE NOT BECOME A PART OF THE ARTAMIS 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 LIEU MAR ACTIVITY. ...

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02:13:06

WELL, THANK YOU SO MUCH, SENATOR. AS I SAID, IT'S GREAT TO SEE YOU. I THINK IT'S DELIGHTFUL THAT FORMER NASA ADMINISTRATOR JIM IS SO ENTHUSIASTICALLY SUPPORTING YOUR NOMINATION. I LOOK FORWARD TO WORKING WITH YOU AND WANT THE THANK YOU FOR YOUR WILLINGNESS TO TAKE ON THIS ASSIGNMENT. MADAME CHAIRMAN, I YIELD BACK. ...

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02:13:30

THANK YOU. THANK YOU J SENATOR. I'M GOING TO ASK THE SENATOR PETERS TO TAKE OVER. I THINK SENATOR LEE IS NEXT FOLLOWED BY SENATOR PETERS. HE'LL CHAIR THE COMMITTEE WHILE I RUN OVER TO VOTE SO THANK YOU. ...

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02:13:51

THANK YOU. THE SIXTH CIRCUIT PREVIOUSLY RULED THAT FORMER FTC COMMISSIONER PAUL RAND DIXON HAD TO RECUSE HIMSELF FROM A HEARING BASED ON THE CONDUCT IN WHICH HE WAS INVOLVED WHERE HE CONDUCTED AN INVESTIGATION AS A MEMBER OF THE STAFF ON THE SENATE ANTI-TRUST SUB COMMITTEE. PRIOR TO BECOMING A COMMISSIONER. IN LIGHT OF THE FACT THAT YOU HAD WORKED ON THE HOUSE COUNTERPART, AND THE REPORT ON DIGITAL MARKETS, WOULD YOU BE FOUND TO FOLLOW THAT PRECEDENT WITH ANY INVESTIGATION INTO FACEBOOK, AMAZON, APPLE, OR GOOGLE? ...

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02:14:40

THANK YOU FOR THE QUESTION. I HAVE NONE OF THE FINANCIAL CONFLICT OR PERSONAL TIES THAT ARE THE BASIS FOR RECUSAL UNDER FEDERAL ETHICS LAWS, AND I WOULD LOOK AT THE UNDERLYING FACTS AND FOLLOW THE EVIDENCE. ...

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02:14:55

WOULD THIS CREATE ANY OF THE APPEARANCE AND IMPARTIALITY ISSUES GIVEN YOUR WORK WITH THE COMMITTEE.

02:15:03

INSO FAR AS THERE ARE PETITIONED TO HAVE PARTICULAR COMMISSIONERS RECUSED, THOSE CASES ARE RESOLVED ON A CASE BY CASE BASIS. THERE'S NO CATEGORICAL DECISION ABOUT THAT. IF IT ARISES, I WOULD LIKE THE ADVICE OF THE ETHICS OFFICIALS. ...

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02:15:22

YOU DON'T SEE THE ISSUES?

02:15:25

I'D WANT TO BE MORE FAMILIAR WITH THE RELEVANT FACTS.

02:15:29

I THEY THAT CASE INVOLVED WORK ON THE SENATE ANTITRUST SUB COMMITTEE.

02:15:35

THERE WERE A SET OF RECUSALS IN THE ETHICS LAWS WHERE YOU ARE MAKING ISSUES BEFORE TAKING OFFICE. WITH REGARD TO PREJUDGMENT, AS I MENTIONED, THOSE ARE RESOLVED ON A CASE BY CASE BASIS. ...

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02:15:49

OKAY. I APPRECIATE OUR PREVIOUS CONVERSATIONS. I WANTED TO FOLLOW UP WITH YOU ON A COUPLE THINGS INCLUDING YOUR PHILOSOPHY ON THE FTC RULE MAKING POWER THAT YOU BELIEVE THE FTC MAY -- A QUICK SERIES OF YES OR NO QUESTIONS. SHOULD AGENCIES EXERCISE RULE-MAKING POWERS ONLY THOSE RULE-MAKING POWERS EXPRESSLEY GRANTED BY CONGRESS? ...

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02:16:15

THE FTC HAS EXPRESSED AUTHORITY UNDER FG, I THINK THAT'S APPROPRIATE.

02:16:22

RIGHT, BUT SHOULDN'T EXERCISE RULE MAKING POWER IN THE ABSENCE OF RULE MAKING POWER BEEN GRANTED?

02:16:29

I'D WANT TO THINK ABOUT THAT IN THE CONTEXT OF THE FTC, I THINK THAT QUESTION -- THERE IS EXPRESSED AUTHORITY IN THE STATUTE.

02:16:38

IN THE FTC UTILIZED RULE MAKING POWER TO GET AROUND PRECEDENT WITH WHICH IT DISAGREES?

02:16:44

I'M NOT SURE. IN SECTION 5 THEY HAVE A HANDLE ON BASIS TO SECTION FIVE AND THERE'S CORE PRECEDENT VOTING THAT THE CONTOURS OF SEGMENT 5 ARE NOT COMMITTED BY THE ANTI-TRUST STATUTES. AS WE DISCUSSED THERE ARE GOING TO BE QUESTIONS OF FIRST IMPRESSION, BUT GENERALLY THERE ARE GOING TO BE SEVERAL CHECKS ON THE FTC IF IT GOES DOWN THIS ROAD. ...

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02:17:06

YOU MENTIONED SECTION 6 G OF THE FEDERAL TRADE COMMISSION ACT. ARE THERE ANY LIMITS THAT THE COMMISSION TO WHAT RULES THE COMMISSION WOULD PROMULGATE UNDER 6 G IN ORDER TO DEFINE WHAT IT MEANS TO ENGAGE IN UNFAIR OR DECEPTIVE TRADE PRACTICES OR UNFAIR METHODS OF COMPETITION? ...

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02:17:29

YES. AS YOU KNOW, THE CONTOURS, THE PRECISE CONTOURS OF UNFAIR MEDS OF COMPETITION, THEY ARE DEBATED AT THE CONDITION FOR DECADES. IT'S A SERIES OF CASES FROM THE 80s WHERE THE FTC ADJUDICATED AND COURT SAME UP WITH A FEW STANDARDS RELATED TO COERCION OR OPPRESSIVENESS IN PRACTICE, I THINK ADJUDICATION IS NOT SUCCESSFUL AS A AMERICA MICHL FOR DEFINING THE CONTOURS. AND JOSH BRIGHTEN HAS WRITTEN ABOUT THIS. I THINK THERE'S A REAL QUESTION STILL REMAINING. ...

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02:18:01

AS WE DISCUSSED IN THE PAST, THERE IS SOME DEBATE CURRENTLY UNDERWAY ABOUT OUR ANTI-TRUST LAWS. AND ABOUT THE CONSUMER WELFARE STANDARD WHICH WE DISCUSSED A LITTLE IN THE PAST. IT'S ALWAYS IMPORTANT FOR US TO EVALUATE OUR LAWS AND TO ENSURE THAT OUR SANDERS FOR ASSESSING WHETHER PARTICULAR BEHAVIORS AND MURDERS AND ACQUISITIONS ARE ILLEGAL OR SHOULD BE, WHETHER THEY'RE HARMING AMERICANS. DO YOU THINK THE CONSUMER WELFARE STANDARD IS LACKING? ...

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02:18:33

IN MY ACADEMIC CAPACITY, I'VE QUESTIONED WHETHER IT'S A GOOD PROXY FOR COMPETITIVENESS ESPECIALLY IN DIGITAL MARKETS.

02:18:43

WHEN ASSESSING WHETHER A MERGER OR COURSE OF CONDUCT IS COMPETITIVE, YOU THINK COURTS AND ENFORCERS SHOULD TAKE INTO CONSIDERATION ANY IMPACT THAT THE ACTION IN QUESTION MIGHT HAVE ON INNOVATION? ...

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02:18:59

YES. ABSOLUTELY SFLCHL.

02:19:00

CONSUMER CHOICE, ALSO?

02:19:02

GENERALLY SPEAKING, THE STATUTE SAYS SUBSTANTIALLY LESS THAN COMPETITION. COMPETITION IS NOT DEFINED IN THE STATUTE. IT'S SOMETHING IN THE AGENCY TO -- TO FIGURE OUT WHAT IT MEANS. ...

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02:19:15

PRICE, MARKET ACCESS, EFFECTS ON QUALITY ALL TAKEN INTO ACCOUNT?

02:19:19

EXACTLY.

02:19:21

AND ALL THAT IS GREAT TO HEAR. I THINK THAT'S FANTASTIC. ALL OF THESE THINGS ARE ALREADY IN PLAY. AND THEY PLAY A SIGNIFICANT ROLE IN OUR CURRENT ANTI-TRUST LAW. THEY'RE ALL FEATURES. IT SEEMS OUR LAWS COULD MEET THE NEED IN ENFORCERS BROUGHT THE APPROPRIATE FACTS AND APPROPRIATE EVIDENCE IN THE APPROPRIATE CASES TO THE TABLE. THANK YOU, MR. CHAIRMAN. I SEE MY TIME EXPIRED. ...

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02:19:54

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 YOU'RE NOMINATED FOR, AND WE LOOK FORWARD TO THIS PROCESS AND WISH YOU THE BEST SHOULD YOU BE CONFIRMED. SENATOR NELSON, IT'S A PARTICULAR JOY TO SEE YOU HERE TODAY. IT'S VERY FITTING TO SEE YOU HERE AT THE COMMERCE COMMITTEE HEARING. JUST IN A DIFFERENT POSITION THAN I'M USED TO SEEING YOU OVER THE YEARS BUT IT'S GREAT TO SEE YOU NOMINATED FOR THIS POSITION. SOMETHING THAT YOU ARE QUALIFIED TO DO. YOUR PASSION FOR SPACE IS LEGENDARY AND IT'S WONDERFUL TO SEE YOU HERE. IT'S GREAT TO SEE YOUR WIFE HERE. I THINK I SAW YOUR DAUGHTER HERE AS WELL. IT'S A FAMILY AFFAIR. 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 BEAUTIFUL PLANET IN SPACE. AND NO LINES BETWEEN COUNTRIES. JUST ONE EARTH TOGETHER. IT REMINDED US WE'RE ON A SMALL PLANET IN A LARGE UNIVERSE AND WE NEED TO SEW THE DIVISIONS DOMINATE. I KNOW YOU BRING THE SPIRIT OF BIPARTISANSHIP IF YOU'RE CONFIRMED AS A NASA ADMINISTRATOR. IT'S SOMETHING WE NEED THROUGHOUT GOVERNMENT. MY QUESTION, THOUGH, TO YOU, STATEMENT, IS THAT NASA IS, OF COURSE, FAMOUSLY KNOWN FOR THE KENNEDY SPACE CENTER IN FLORIDA WHICH YOU HAD THE PRIVILEGE OF REPRESENTING AS A SENATOR. THE SPACE CENTER IN TEXAS. IT'S AN ISSUE-WIDE EFFORT. WE HAVE GREAT EFFORTS IN THE STATE OF MICHIGAN THAT SUPPORTS. THIS IS A COUNTRY COMING TOGETHER FOR THIS MISSION. IT INCLUDES PLACES OR COMPANIES LIKE ATLAS SPACE OPERATIONS UP IN TRAVERSE CITY TO WARREN WORKING ON SLS ROCKET AND MANY OTHER PROJECTS AND OTHER PLACES ALL ACROSS THE STATE. IT'S ALWAYS A DANGER. I MENTIONED A COUPLE COMPANIES. THERE ARE A LONG LIST OF THE 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, SLS, RYAN SPACECRAFT, ALL 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'S CRITICALLY IMPORTANT THAT WE HARNESS THE INNOVATIONS THAT EXIST IN THE SMALL COMPANIES ALL ACROSS OUR COUNTRY. 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? ...

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02:23:08

IT'S 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 THESE SUPPLIES AND WHEN YOU GET TO THE COMPLEXITY OF THE SPACECRAFT, YOU'RE 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'VE BEEN THERE SEVERAL TIMES IN MY FORMER CAPACITY AS SENATOR, AND LOOK FORWARD TO LOOKING AT SOME OF YOUR SPACE COMMUNITY. ...

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02:24:05

I LOOK FORWARD TO THAT. AND HOPEFULLY WE'LL DO THAT SOON IF CONFIRMED, GET YOU INTO THE STATE SO YOU CAN SEE FIRST-HAND SOME OF THE INCREDIBLE WORK BEING DONE THERE. I CURRENTLY SIT AS CHAIR OF SENATE HOMELAND SECURITY AND GOVERNMENT AFFAIRS COMMITTEE. AND WE'RE 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 OUR -- SKILLS OF AMERICAN WORKERS ARE THE BEST IN THE WORLD. WE'VE GOT THE BEST WORKERS, ENGINEERS, SCIENTISTS. WE WANT TO MAKE SURE THE MONEY IS FOCUSSED INTO OUR OWN COUNTRY. MY QUESTION AS ADMINISTRATOR TO EXTENT THAT IT'S PERMITTED BY LAW, HOW WILL YOU WORK TO PRIORITIZE DOMESTIC SUPPLIES FOR NASA? ...

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02:25:04

IT'S 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. ...

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02:25:20

WELL, I APPRECIATE THAT. THANK YOU FOR YOUR ANSWERS. AND I LOOK FORWARD TO WORKING WITH YOU IF CONFIRMED IN THE YEARS AHEAD. THANK YOU.

02:25:28

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'M HOPING IN THE NEXT 15 OR 20 MINUTES WE'LL BE ABLE TO WRAP UP THE HEARING UNLESS WE COME BACK WITH A BIG DEMAND FROM COMMENTS ALREADY MADE. SENATOR CRUZ, IF YOU'RE READY, YOU'RE NEXT. ...

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02:25:54

THANK YOU, MADAME CHAIR. WELCOME TO EACH OF THE NOMINEES. GOOD TO SEE YOU. CONGRATULATIONS ON YOUR NOMINATION. WE SPOKE A FEW WEEKS BACK, AND AS I TOLD YOU THEN, AS I SAID PUBLICLY, THERE ARE NOT MANY BIDEN NOMINEES ABOUT WHOM I AM ENTHUSIASTIC, AND YOUR NOMINATION IS A NOTABLE EXCEPTION TO THAT. ...

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02:26:25

WE'VE WORKED TOGETHER A LOT OF YEARS AND YOU CARE ABOUT THE MISSION OF NASA AND SPACE AND EXPLORATION. AND AMERICAN LEADERSHIP IN SPACE. YOU AND I TOGETHER AS CHAIR AND RANKING ON THE SPACE SUB COMMITTEE HAVE WORKED FOR A NUMBER OF YEARS, HAVE AUTHORED BIPARTISAN LEGISLATION TOGETHER. FOCUSSED 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. SO WE'VE WORKED TOGETHER WHETHER THE TRANSITION IS TO A REPUBLICAN ADMINISTRATION OR A DEMOCRATIC ADMINISTRATION, ENSURING THAT THERE IS A CONTINUITY THAT CONTINUES THE PROGRESS AND LEADERSHIP IN SPACE. I LOOK FORWARD TO WORKING TOGETHER. ...

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02:27:47

AND SENATOR, I WANT TO THANK YOU FOR YOUR CONTINUED LEADERSHIP AFTER I LEFT THE SENATE. YOU, SENATOR KENT, AND THE NASA TORZ THAGS OF 2020, IF NOT ONLY IN THAT CONTINUATION YOU'RE TALKING ABOUT BUT ALSO TRYING TO EXTEND THE LIFE OF THE ISS. SO THANK YOU FOR THAT. ...

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02:28:14

EXTENDING THE LIFE OF THE ISS IS SOMETHING WE WORKED TOGETHER FOR A LONG TIME ON. I KNOW THE ANSWER TO THIS BUT I'LL ASK IT ANYWAY. I ASSUME YOU SUPPORT THE FULL USE OF ISS THROUGH 2030 AND AS LONG AS TECHNOLOGY ALLOWS THE ISS TO BE SAFELY UTILIZED? ...

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02:28:37

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 IS OCCURRING AND I'LL JUST PICK OUT ONE AS A RESULT. PHARMACEUTICAL RESEARCH ON THE STATION. WE NOW -- SCIENTISTS HAVE DEVELOPED THE WAY TO MORE EFFECTIVE EFFECTIVELY INSERT THE DRUG KETRUDA IN CANCER RESEARCH. ...

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02:29:17

I THINK THAT'S RIGHT RIGHT AND ONE AREA I LOOK FORWARD TO CONTINUING TO WORK WITH YOU ON IS HOW TO INCENTIVIZE MORE COMMERCIAL DEVELOPMENT IN THE ISS IN SPACE, AND HOW POTENTIALLY CREATE A REVENUE STREAM FOR FURTHER EXPLORATION TO COME FROM THE COMMERCIAL DEVELOPMENTS THAT THE FEDERAL GOVERNMENT IS FACILITATING. I THINK THERE ARE LESSONS IN TERMS OF HOW UNIVERSITIES HAVE HANDLED IT INCENTIVIZING INNOVATION, THAT I THINK ON THE SPACE SIDE WE COULD LEARN IMPORTANT LESSONS FROM. MISS KHAN, CONGRATULATIONS ON YOUR NOMINATION AS WELL. AS YOU KNOW, I HAVE DEEP CONCERNS ABOUT DEEP TECH AND THE POWER OF DEEP TECH. I BELIEVE WE SHOULD BE DOING MORE TO REIGN IN THE ABUSES OF BIG TECH AND THE BLATANT CENSORSHIP AND HUBRIS DEMONSTRATED BY BIG TECH. WHAT ARE YOUR VIEWS ON THE RISK POSED BY BIG TECH BOTH ON A COMPETITION SIDE OWN CONSUMER PROTECTION SIDE? IN PARTICULAR THE RISKS POSED BY CENSORSHIP AND IMPOSITION OF THEIR VIEWS UPON THE FREE MARKET OF IDEAS? ...

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02:30:46

SENATOR, I'VE BEEN 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 RANGE OF POTENTIAL RISKS. ONE THAT COMES UP ACROSS THE BOARD IS THE WAY IN WHICH BEING ABLE TO DOMINATE ONE MARKET GIVES THE ECONOMIES IN SOME INSTANCES THE ABILITY TO EXPAND TO ADJACENT MARKETS AND MAKING IT EASIER TO CAPTURE AN ENTIRE ECO SYSTEM. I THINK ON THE CONSUMER PROTECTION SIDE, THERE'S INTERESTING QUESTIONS TO BE ASKED. SPECIFIC TO BEHAVIORAL AD BASED BUSINESS MODELS IN THE BUSINESS MODELS REALLY INCENTIVIZE IN THE VACUUMING UP OF DATA. I WORRY IN SOME CASES SOME OF THE COMPANIES MAY THINK IT'S JUST WORTH THE COST OF BUSINESS TO VIOLATE PRIVACY LAWS. THOSE ARE SOME OF THE CONCERNS THAT COME TO MIND. AND I THINK IT SEEMS LIKE EITHER GROWING INCREASINGLY BIPARTISAN CONCERNS. ...

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02:31:43

I LOOK FORWARD TO WORKING WITH YOU ON THEM AND I THINK THERE'S MORE THE COMMISSION CAN DO IN TERMS OF PROMOTING AND ENSURING TRANSPARENCY FROM BIG TECH WHICH RIGHT NOW IS INCREDIBLY OPAQUE. THANK YOU. ...

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02:32:05

THANK YOU TO ALL THE NOMINEES FOR THEIR CONTINUED COMMITMENT TO PUBLIC SERVICE, AND 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 AUSTIN, WE HAVE THE ARTAMIS PROGRAM AND THE AIM TO PUT THE FIRST WOMAN ON THE MOON. SENATOR KLOBUCHAR NOTED EARLIER, INCREDIBLE WOMEN AT NASA PAVED THE WAY FOR PEOPLE IN SPACE. WE HAVE A HUGE GAP IN THAT REPRESENTATION. IT'S CRITICAL TO OFFER STEM AND OPPORTUNITIES AND WORKPLACE DEVELOPMENT AT AN EARLY AGE. ESPECIALLY TO REACH GIRLS AND OTHER UNDERREPRESENTED GROUPS. THE STUDENTS WHO WORK IN THE AIR AND DEFENSE WORK FORCE, 71% OF YOUNG PROFESSIONALS REPORT THEY FIRST BECAME INTERESTED IN THOSE CAREERS IN GRADE SCHOOL. THE STEM EDUCATION, OUTREACH ACTIVITIES, AT ALL LEVELS. K THROUGH 12, INTERNSHIPS. AND I'M PARTICULARLY INTERESTED IN THE NASA AND STATE PROGRAM DESIGNED TO ALLOW MORE STATES LIKE NEVADA TO PARTICIPATE IN SPACE AND AR NAUGHTOTTICS. EARLIER I WAS PLEASED TO HEAR YOUR CONTINUED SUPPORT OF THAT PROGRAM AND OTHERS. SO SENATOR NELSON, WHAT OTHER INVESTMENTS SHOULD CONGRESS SIMPLY 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'RE WELL-EQUIPPED. WHAT DO YOU THINK WE CAN DO? HOW DO YOU THINK WE CAN BEST DO THAT? ...

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02:33:52

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. WHERE WE SAW THAT SUDDENLY FOR AN ENTIRE GENERATION, KIDS WERE PUSH TURNED ONTO 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 NASA. AND IF YOU ALL GIVE US THE RESOURCES, IF I'M CONFIRMED, THEN WE WANT TO REALLY POUR THE JUICE TO THIS TO GET THESE STEM GRANTS OUT TO YOUR UNIVERSITIES. THAT'S 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 ASTRONAUTS IN OUR RETIRED ASTRONAUTS AS A MEANS OF DELIVERING THE MESSAGE WHICH STUDENTS SEEM TO JUST -- IT FIRES THEIR IMAGINATIONS. WE WANT TO TRY TO CONTINUE THAT TOO. ...

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02:35:30

WELL, I CAN TELL YOU I WAS ONE OF THOSE KIDS WHO WATCHED ALL THROUGH THE 60s WITH EVERYSPACE LAUNCH, THE LANDING ON THE MOON. I BECAME THE WOMAN IN TECH. SO MAYBE IT HAD AN IMPACT ON ME THERE. I'D LIKE TO MOVE ONTO DATA SECURITY. MISS KHAN, I'M A FORMER COMPUTER PROGRAMMER AND SYSTEMS ANALYST, I UNDERSTAND THE IMPORTANCE OF DATA AND CYBER SECURITY. A PANDEMIC AS FORCED ALL OF US TO TRANSITION TO WORK FROM HOME, TO TELEWORK. OF COURSE, TECH TOOK NOTICE AND IT IMPACTED EVERY SECTOR FROM HEALTH CARE TO SCHOOLS TO BUSINESS. YOU NAME IT. UNFORTUNATELY. LAST YEAR I HAD A BILL AIMED AT PROTECTING AND STRENGTHENING OUR CYBER SECURITY CAPACITY. INCLUDING IMPROVING FOR SMALL BUSINESSES HIT PARTICULARLY HARD ARE SCHOOL DISTRICTS WITH RANSOM WEAR AND THE LIKE. SO WE NEED TO CONTINUE TO DO THAT. AND WE NEED TO WORK ON THOSE COLLABORATIVE EFFORTS AND GUIDANCE WITH YOUR SUPPORT AND THE FTC. HOW CAN FTC BETTER PARTNER WITH THE PRIVATE ENTITIES TO BUILD A STRONGER DEFENSE AGAINST DATA BREACHES? HOW WILL YOU PROMOTE THAT WORKING RELATIONSHIP? ...

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02:36:52

I THINK THE HARMS OF DATA SECURITY ARE IMMENSE. WE'VE SEEN THIS IS NO LONGER JUST ABOUT IDENTITY THEFT. THERE ARE REAL NATIONAL SECURITY IMPLICATIONS AND WE'VE SEEN STATE SPONSORED HACKS AS WELL. IN REGARDS TO THE WORK AT THE FTC WITH PRIVATE GROUPS, MY UNDERSTANDING IS THE COMMISSION HAS BEEN DOING AS PART OF THE EDUCATION AND OUTREACH CAMPAIGNS, THEY WORK WITH SMALL BUSINESSES. I HAVEN'T HAD THE OPPORTUNITY TO DO IN IMPERICAL DATA ON THE EFFICACY OF THE WORK. I LOOK FORWARD TO LEARNING MORE ABOUT THAT. ...

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02:37:27

I LOOK FORWARD TO WORKING WITH YOU ON THAT, BECAUSE SMALL BUSINESSES REALLY NEED A LOT OF HELP TO GIVE THE CYBER HYGIENE AND CONTINUE TO MAINTAIN, UPGRADE AND PATCH THE COMMERCIAL SOFTWARE THAT THEY USE AS PARTICULARLY IMPORTANT IN THIS DAY AND AGE, AND THANK YOU FOR YOUR WILLINGNESS TO SERVE. I BELIEVE MY TIME IS UP. THANK YOU, MADAME CHAIR. ...

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02:37:49

THANK YOU, SENATOR ROSEN. I THINK THAT CONCLUDES THE NUMBER OF COMMERCE COMMITTEE MEMBERS WHO WISH TO ASK QUESTIONS. I DO HAVE A QUESTION FOR THE PANEL. SO WE ARE MAKING STANDARDIZED IN OUR REQUEST TO NOMINEES 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 ASKED? ...

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02:38:20

YES.

02:38:21

YES.

02:38:22

YES.

02:38:23

THANK YOU.

02:38:23

WELL, I THINK THIS HAS BEEN AN EXCELLENT HEARING. WE'VE HAD GREAT PARTICIPATION FROM ALL OF OUR COLLEAGUES. WE COVERED A LOT OF INFORMATION IN A FEW HOUR PERIOD OF TIME. I APPRECIATE THE NOMINEES ON THEIR QUESTIONS. THE HEARING WILL REMAIN OPEN FOR TWO WEEKS UNTIL MAY 5th, 2021. SENATORS WILL HAVE THE OPPORTUNITY TO SUBMIT QUESTIONS FOR THE RECORD. WE ASK 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 OWN ON TO THE FLOOR. WITH THAT WE'RE ADJOURNED. ...

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