On March 12, the U.S. Senate Committee on Commerce, Science, and Transportation advanced two nominations key to the Trump Administration’s technology policy: Mark Meador as a Commissioner for the Federal Trade Commission (“FTC”), and Michael Kratsios as Director of the White House Office of Science and Technology Policy (“OSTP”). Both nominees previously had their nomination hearings in front of the Committee on February 25, described below.
Mark Meador
Meador started his career in the healthcare division of the FTC. In his opening statement, he discussed the importance of the FTC in protecting consumers and free market competition. He specifically referenced the need to protect children in the digital environment and stated that the FTC should use its consumer protection powers to safeguard families.
During the nomination hearing, Meador faced questions about consumer protection enforcement mechanisms, “Big Tech” regulation, pharmacracy benefit managers (“PBMs”), antitrust concerns, and the agency’s direction under the new administration.
Committee Chairman Ted Cruz (R-TX) asked Meador about how the FTC should address the challenges posted by emerging technologies and Big Tech. Meador described a three-prong approach of looking at the facts of the situation, reaching out to impacted consumers and other relevant stakeholders for their input, and analyzing the challenge under law.
Healthcare was also a focus of Meador’s hearing. Senators Lisa Blunt Rochester (D-DE) and Ben Ray Lujan (D-NM) both asked Meador about his stance on PBMs, and Senator Tammy Baldwin (D-WI) asked about private equity acquisitions of hospitals, physician groups, and nursing homes and the role the FTC plays in healthcare quality and costs. In response to each of these lines of inquiries, Meador referenced his previous experience in the FTC’s healthcare division. He noted that if confirmed, he would remain committed to ensuring the FTC maintains competitive markets in the healthcare space.
Senator Tammy Duckworth (D-IL) asked if Meador would commit to supporting investigations to highlight markets where there has been a lack of competition, such as the infant formula market. In response, Meador emphasized the importance of focusing the FTC’s enforcement efforts “where there are the most competitive harms.” In a follow up question about whether the FTC has a role in practices that might be increasing costs for Americans, Meador responded “absolutely,” specifically referencing instances where the FTC has reason to believe those practices violate a statute enforced by the agency.
Finally, several senators asked Meador whether the FTC would maintain its independence as a regulatory agency free from external political forces. Meador responded that he remained committed to reviewing inquiries fairly and to protecting consumers.
If confirmed, Meador’s term would run into September 2031.
Michael Kratsios
Kratsios served as the Chief Technology Officer for OSTP during President Trump’s first term. Kratsios faced questions regarding spectrum policy, AI, and emerging technologies.
In his prepared remarks, Kratsios discussed his previous work at OSTP, including increasing research funding for artificial intelligence and quantum information science. He also described China as the United States’ “preeminent geopolitical rival” and “most formidable technological and scientific competitor.” He said that the United States must “double down on . . . the uniquely American free-market approach to scientific discovery” to “lead the world in science and technology for the next century.”
Senator Cruz referenced Kratsios’ work during the first Trump administration to free up federal spectrum for 5G uses and asked if the new Trump administration will again push to free up spectrum for commercial use. Kratsios replied that it is “critically important to always be looking at ways that we can better utilize spectrum that is currently being occupied by various government agencies” and that spectrum can be freed up without compromising national security.
Senator Jacky Rosen (D-NV) asked Kratsios how Congress should think about advanced AI models being developed by the United States’ adversaries. Kratsios responded that “one of the most important things that the federal government can do is support the measurement science necessary in order to be able to test and evaluate these models. An agency like [the National Institute of Standards and Technology] is a great place to refine the measurement science around model evaluation.”
A video of the hearing can be found here.