Senate Commerce Sets Dec. 1 Votes for Rosenworcel, Bedoya
The Senate Commerce Committee will vote Dec. 1 on advancing confirmation of FCC Chairwoman Jessica Rosenworcel and Democratic FTC nominee Alvaro Bedoya, as expected (see 2111170071), the panel said Tuesday. FTC Commissioner Christine Wilson backed Bedoya's nomination in a statement Tuesday, saying that if confirmed, he would “bring a wealth of privacy expertise to the commission."
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She noted the “substantial new resources” Congress is considering for the agency (see 2111190061), including funding for a new privacy bureau. Hopefully Congress will pass privacy legislation soon, she said. Bedoya’s “expertise will be instrumental in helping the agency implement these new Congressional directives and navigate the increasingly complex consumer privacy issues the agency tackles every day. I would be delighted to welcome Professor Bedoya as a colleague on the Commission.”
Republican holds could delay Bedoya’s confirmation (see 2111170059). Nothing about his background should stop him from joining the FTC in the near future, consumer advocates and an ex-FTC official told us.
Senate Commerce’s votes on Bedoya and Rosenworcel will precede a confirmation hearing for NTIA administrator nominee Alan Davidson and Democratic FCC nominee Gigi Sohn, also as expected. Commerce Department chief financial officer nominee Viquar Ahmad and Commerce undersecretary-economic affairs nominee Jed Kolko will also testify. The meeting begins at 10:15 a.m. in 253 Russell.
Sen. Ted Cruz, R-Texas, said he will place a hold on Bedoya’s nomination, and Sen. Dan Sullivan, R-Alaska, is also “contemplating" a hold. They had critical comments during Bedoya's confirmation hearing about his Twitter activity linking the Trump administration and its supporters to white supremacy. Offices for Sullivan and other committee Republicans didn’t comment Tuesday.
Ex-FTC Commissioner Rohit Chopra vacated the seat when he left the agency to lead the Consumer Financial Protection Bureau (see 2109300078). The holds could make it “trickier” for FTC Chair Lina Khan to pursue her agenda in the meantime, but so far, there hasn't been any Republican opposition to Bedoya from the commissioners, said former FTC General Counsel Alden Abbott, now a researcher at George Mason University. Commissioner Noah Phillips' office didn’t comment Tuesday. Bedoya “seems to have relevant experience in consumer protection,” said Abbott. “There’s no question about that. I don’t think there’s a major, huge scandal or controversy I’m aware of that would prevent him from being confirmed.”
Bedoya's responses at the hearing made it clear he’s taking “this responsibility very seriously,” said Public Knowledge Competition Policy Director Charlotte Slaiman, noting his bipartisan record working in the Senate. “His expertise and experience is going to be really important for the FTC taking on important privacy responsibilities we hope they will take on.” More than a dozen consumer advocates signed a letter of support with PK when the nomination was announced. Slaiman said she’s hopeful the Senate will move quickly and fill the commission.
The holds don’t change much about the confirmation process, given both the previous antitrust nominees, Khan and DOJ Antitrust Division Chief Jonathan Kanter, were subject to floor debate in the Senate, said Public Citizen Competition Policy Advocate Alex Harman. A hold would mean the Senate wouldn't be able to fast-track Bedoya through unanimous consent. Bedoya handled the questions about his tweets “very well,” said Harman, noting they were a distraction from his qualifications. “There’s an urgency to get him in there. I wish the administration had nominated him earlier.” He noted the hearings for Khan and Kanter were “overwhelmingly positive and bipartisan” because this isn’t a contentious area for nominations.