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‘Capacity for Bipartisanship’

Cantwell: Commerce to Vote on FTC Nominees in October

The Senate Commerce Committee plans to vote on the three FTC nominees in October (see 2309200070), Chair Maria Cantwell, D-Wash., told us Thursday. Members expect to move them as a bipartisan package, ranking member Ted Cruz, R-Texas, told us separately.

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There’s been some talk of pairing the FTC nominees with reconfirmation of FCC nominees, Cantwell told us earlier in the week, but she remains opposed. She showed a lack of interest in the proposal in July (see 2307180073).

I think it’s likely the committee will move the [FTC] nominees together as a block,” said Cruz. “I think that’s what members from both sides of the aisle anticipate.”

The committee held its confirmation hearing Wednesday for Commissioner Rebecca Kelly Slaughter and Republican nominees Andrew Ferguson and Melissa Holyoak. Sen. Dan Sullivan, R-Alaska, who was critical of the FTC’s work under Chair Lina Khan during the hearing, said he would be willing to support a package. “We need to get Republicans on the commission,” he said. “The next step is to get them out quickly and confirmed. If it has to be in kind of a package, then that’s what it will be.”

Sen. Deb Fischer, R-Neb., told us she was surprised coverage of the hearing portrayed her discussion with Slaughter as adversarial. Fischer said during the hearing she’s concerned the agency has “lost all capacity for bipartisanship” under Khan but also noted outgoing Commissioner Christine Wilson praised Slaughter’s work when she resigned. “I plan to support [all three nominees] at this point in time unless my staff comes up with something in the meantime,” said Fischer. Ferguson and Holyoak will add “great” experience to the commission, she said.

All three nominees did “a very nice job” at the hearing, said Sen. Jon Tester, D-Mont. Asked if there were any red flags from the Republican nominees, he said no but also said his staff is still examining the record. Senate Privacy Subcommittee Chairman Richard Blumenthal, D-Conn., said there currently aren’t any issues that would give him pause when confirming the Republicans: A package “doesn’t sound controversial at all, especially compared to everything else we’re working on.”

Their responses to the questions I asked were good,” said Senate Homeland Security Committee Chairman Gary Peters, D-Mich., saying he’s looking forward to having a full commission at the FTC.

Cruz told us he will continue to push for oversight hearings with Khan. “There has been a repeated pattern of unethical conduct and lack of transparency by the chair,” he said. “I think returning it to being a bipartisan commission is a meaningful step to improve the disaster that has unfolded there.” Khan attended the hearing and “heard the concerns, but by all appearances, the chair does not care that she is willing to abuse her power and believes she is not accountable to the Senate or the American people,” he said. The FTC didn’t comment.