[House Hearing, 117 Congress]
[From the U.S. Government Publishing Office]
MEMBER DAY
=======================================================================
VIRTUAL HEARING
BEFORE THE
COMMITTEE ON ENERGY AND COMMERCE
HOUSE OF REPRESENTATIVES
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
JUNE 13, 2021
__________
Serial No. 117-42
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Published for the use of the Committee on Energy and Commerce
govinfo.gov/committee/house-energy
energycommerce.house.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
51-884 WASHINGTON : 2023
-----------------------------------------------------------------------------------
COMMITTEE ON ENERGY AND COMMERCE
FRANK PALLONE, Jr., New Jersey
Chairman
BOBBY L. RUSH, Illinois CATHY McMORRIS RODGERS, Washington
ANNA G. ESHOO, California Ranking Member
DIANA DeGETTE, Colorado FRED UPTON, Michigan
MIKE DOYLE, Pennsylvania MICHAEL C. BURGESS, Texas
JAN SCHAKOWSKY, Illinois STEVE SCALISE, Louisiana
G. K. BUTTERFIELD, North Carolina ROBERT E. LATTA, Ohio
DORIS O. MATSUI, California BRETT GUTHRIE, Kentucky
KATHY CASTOR, Florida DAVID B. McKINLEY, West Virginia
JOHN P. SARBANES, Maryland ADAM KINZINGER, Illinois
JERRY McNERNEY, California H. MORGAN GRIFFITH, Virginia
PETER WELCH, Vermont GUS M. BILIRAKIS, Florida
PAUL TONKO, New York BILL JOHNSON, Ohio
YVETTE D. CLARKE, New York BILLY LONG, Missouri
KURT SCHRADER, Oregon LARRY BUCSHON, Indiana
TONY CARDENAS, California MARKWAYNE MULLIN, Oklahoma
RAUL RUIZ, California RICHARD HUDSON, North Carolina
SCOTT H. PETERS, California TIM WALBERG, Michigan
DEBBIE DINGELL, Michigan EARL L. ``BUDDY'' CARTER, Georgia
MARC A. VEASEY, Texas JEFF DUNCAN, South Carolina
ANN M. KUSTER, New Hampshire GARY J. PALMER, Alabama
ROBIN L. KELLY, Illinois, Vice NEAL P. DUNN, Florida
Chair JOHN R. CURTIS, Utah
NANETTE DIAZ BARRAGAN, California DEBBBIE LESKO, Arizona
A. DONALD McEACHIN, Virginia GREG PENCE, Indiana
LISA BLUNT ROCHESTER, Delaware DAN CRENSHAW, Texas
DARREN SOTO, Florida JOHN JOYCE, Pennsylvania
TOM O'HALLERAN, Arizona KELLY ARMSTRONG, North Dakota
KATHLEEN M. RICE, New York
ANGIE CRAIG, Minnesota
KIM SCHRIER, Washington
LORI TRAHAN, Massachusetts
LIZZIE FLETCHER, Texas
------
Professional Staff
JEFFREY C. CARROLL, Staff Director
TIFFANY GUARASCIO, Deputy Staff Director
NATE HODSON, Minority Staff Director
C O N T E N T S
----------
Page
Hon. Frank Pallone, Jr., a Representative in Congress from the
State of New Jersey, opening statement......................... 2
Prepared statement........................................... 3
Hon. Cathy McMorris Rodgers, a Representative in Congress from
the State of Washington, opening statement..................... 4
Prepared statement........................................... 5
Witnesses
Hon. Joe Neguse, a Representative in Congress from the State of
Colorado....................................................... 5
Prepared statement........................................... 7
Hon. Jim Costa, a Representative in Congress from the State of
California..................................................... 9
Prepared statement........................................... 11
Hon. Anthony Gonzalez, a Representative in Congress from the
State of Ohio.................................................. 14
Prepared statement........................................... 16
Hon. Fred Keller, a Representative in Congress from the
Commonwealth of Pennsylvania................................... 22
Prepared statement........................................... 24
Submitted Material
Statement of Hon. Gregorio Kilili Camacho Sablan, a Delegate from
the Northern Mariana Islands, submitted by Mr. Pallone......... 31
Statement of Hon. Jennifer Wexton, a Representative in Congress
from the Commonwealth of Virginia, submitted by Mr. Pallone.... 33
Statement of Hon. Brian Higgins, a Representative in Congress
from the State of New York, submitted by Mr. Pallone........... 35
Joint Statement of Hon. Judy Chu, a Representative in Congress
from the State of California, Hon. Lois Frankel, a
Representative in Congress from the State of Florida, Hon.
Ayanna Pressley, a Representative in Congress from the
Commonwealth of Massachusetts, and Hon. Veronica Escobar, a
Representative in Congress from the State of Texas, submitted
by Mr. Pallone................................................. 37
Statement of Hon. Jenniffer Gonzalez-Colon, a Representative in
Congress from Puerto Rico, submitted by Mr. Pallone............ 39
Statement of Hon. Troy Balderson, a Representative in Congress
from the State of Ohio, submitted by Mr. Pallone............... 41
Statement of Hon. Doris O. Matsui, a Representative in Congress
from the State of California, submitted by Mr. Pallone......... 43
MEMBER DAY
----------
TUESDAY, JULY 13, 2021
House of Representatives,
Committee on Energy and Commerce,
Washington, DC.
The committee met, pursuant to call, at 11:03 a.m. via
Cisco Webex online video conferencing, Hon. Frank Pallone
(chairman of the committee) presiding.
Members present: Representatives Pallone, Rush,
Butterfield, Schrader, Cardenas, Ruiz, Dingell, McEachin, Soto,
Craig, Rodgers (committee ranking member), Burgess, Latta,
Griffith, Bilirakis, Long, Carter, Palmer, Joyce, and
Armstrong.
Staff present: Jeffrey C. Carroll, Staff Director; Parul
Desai, FCC Detailee; Austin Flack, Policy Analyst; Lisa
Goldman, Senior Counsel; Waverly Gordon, General Counsel;
Tiffany Guarascio, Deputy Staff Director; Perry Hamilton,
Clerk; Fabrizio Herrera, Staff Assistant; Ed Kacsmarski, Policy
Analyst; Zach Kahan, Deputy Director Outreach and Member
Service; Hank Kilgore, Policy Coordinator; Rick Kessler, Senior
Advisor and Staff Director, Energy and Environment; Mackenzie
Kuhl, Digital Assistant; Jourdan Lewis, Policy Coordinator;
Meghan Mullon, Policy Analyst; Juan Negrete, Junior
Professional Staff Member; Kaitlyn Peel, Digital Director; Tim
Robinson, Chief Counsel; Chloe Rodriguez, Clerk; Andrew
Souvall, Director of Communications, Outreach, and Member
Services; Rebecca Tomilchik, Policy Analyst; Anna Yu,
Professional Staff Member; Kate Arey, Minority Content Manager
and Digital Assistant; Sarah Burke, Minority Deputy Staff
Director; Michael Cameron, Minority Policy Analyst, Consumer
Protection and Commerce, Energy, Environment; William
Clutterbuck, Minority Staff Assistant/Policy Analyst; Theresa
Gambo, Minority Financial and Office Administrator; Jack
Heretik, Minority Press Secretary; Nate Hodson, Minority Staff
Director; Sean Kelly, Minority Press Secretary; Peter Kielty,
Minority General Counsel; Emily King, Minority Member Services
Director; Bijan Koohmaraie, Minority Chief Counsel; Tim Kurth,
Minority Chief Counsel, Consumer Protection and Commerce; Clare
Paoletta, Minority Policy Analyst, Health; Olivia Shields,
Minority Communications Director; Michael Taggart, Minority
Policy Director; Everett Winnick, Minority Director of
Information Technology.
Mr. Pallone. So I call the hearing to order, and this, of
course, is our Member Day hearing. I see some of our Members
are already on the camera. And to give our digital team some
notice, I am going to count down--says I am going to count down
from 5 before calling the markup to order, but I guess I
already have, but we will do it again.
So 5, 4, 3, 2, 1, and the meeting of the Energy and
Commerce Committee is called to order. So today the committee
is holding its Member Day hearing.
Due to the COVID-19 public health emergency, today's
hearing is being held remotely. All Members and witnesses will
be participating via video conferencing.
As part of our hearing, microphones will be set on mute for
purposes of eliminating inadvertent background noise. Members
and witnesses, you will need to unmute your microphone each
time you wish to speak.
And statements for the record can be sent to Chloe
Rodriguez at the email address we have provided to staff. She
is our clerk. All documents will be entered into the record at
the conclusion of the hearing.
OPENING STATEMENT OF HON. FRANK PALLONE, Jr., A REPRESENTATIVE
IN CONGRESS FROM THE STATE OF NEW JERSEYS6633
And I am going to start by recognizing myself for 5 minutes
and say that today we are going to hear from our colleagues
about the issues of importance to them within our committee's
jurisdiction. This Member Day hearing is an opportunity for any
Member of the House to testify before us for up to 5 minutes on
issues important to them, their districts, and the Nation.
The Energy and Commerce Committee has been working hard to
crush the COVID-19 pandemic, provide relief to struggling
families, protect consumers, revitalize our economy, combat
climate change, and conduct robust oversight.
We have made significant improvements in crushing the virus
by passing the American Rescue Plan earlier this year. This
bill gave the Biden administration the tools and resources it
needed to combat the virus. And the American Rescue Plan
supported a national effort to ramp up distribution and
administration of lifesaving COVID-19 vaccines.
We also held three oversight hearings on how States,
vaccine manufacturers, and the Biden administration are working
to increase vaccines and ensure they are equitably distributed,
as well as another important oversight hearing on vaccine
hesitancy.
We have also provided critical relief to struggling
families, including expanding access to affordable healthcare
coverage during the pandemic. The American Rescue Plan was the
largest expansion of healthcare coverage in more than a decade.
It helped families with their utility bills, so that they could
keep the lights on, the heat working, and the water running,
and it also expanded the internet connectivity to help students
and teachers without home internet access, so that we could
close the homework gap.
We are also protecting consumers by passing bipartisan
legislation to help the Federal Trade Commission protect
seniors and other targeted groups against predatory fraud and
scams. And we advanced out of committee legislation that would
restore the FTC's longstanding authorities to get Americans
their money back after they have been scammed, and that is
actually going to be on the floor this week.
We are revitalizing our economy by modernizing our
crumbling infrastructure to create millions of good-paying
jobs, to keep us competitive on a global stage, and to ensure
no community is left behind. And last month we passed out of
the committee, and then the House, legislation that will ensure
all Americans have access to safe and affordable drinking
water.
The committee has also held a hearing on our comprehensive
infrastructure bill, the LIFT America Act, which aligns closely
with President Biden's American Jobs Plan.
And we are combating climate change by restoring common
sense methane pollution standards that were eliminated by the
Trump Environmental Protection Agency, and we have also held
seven legislative hearings on the CLEAN Future Act, this
committee's legislation to aggressively tackle the climate
crisis this decade, and to achieve net-zero greenhouse gas
pollution by no later than 2050.
Now, with regard to today, I did want to stress that our
committee has a proud tradition of working in strong bipartisan
fashion to produce positive results for the people, but we also
value the contributions of our colleagues who are not members
of the committee, and work hard to listen to their ideas and
incorporate them into our committee's overall work. And that is
why this hearing today is so important.
We look forward to continuing to listen to the ideas of all
Members as we work on legislative proposals to continue to
crush the pandemic, provide relief to struggling families,
protect consumers, revitalize our economy, and combat climate
change. So I know that the Member meeting is required by the
House rules, but we would have it anyway, even if it wasn't,
because we really think that it is important to hear from
Members who are not members of our committee.
[The prepared statement of Mr. Pallone follows:]
Prepared Statement of Hon. Frank Pallone, Jr.
Today, we are going to hear from our colleagues about the
issues of importance to them within our Committee's
jurisdiction. This Member Day hearing is an opportunity for any
member of the House to testify before us for up to five minutes
on issues important the them, their districts, and the nation.
The Energy and Commerce Committee has been working hard to
crush the COVID-19 pandemic, provide relief to struggling
families, protect consumers, revitalize our economy, combat
climate change, and conduct robust oversight.
We've made significant improvements in crushing the virus
by passing the American Rescue Plan earlier this year. This
legislation gave the Biden administration the tools and
resources it needed to combat this terrible virus. The American
Rescue Plan supported a national effort to ramp up distribution
and administration of lifesaving COVID-19 vaccines. We also
held three oversight hearings on how states, vaccine
manufacturers, and the Biden administration are working to
increase vaccines and ensure they are equitably distributed, as
well as another important oversight hearing on vaccine
hesitancy.
We have also provided critical relief to struggling
families--including expanding access to affordable healthcare
coverage during the pandemic. The American Rescue Plan was the
largest expansion of healthcare coverage in more than a decade.
It helped families with their utility bills so that they could
keep the lights on, the heat working and the water running. And
it also expanded internet connectivity to help students and
teachers without home internet access so that we could close
the homework gap.
We are also protecting consumers by passing bipartisan
legislation to help the Federal Trade Commission protect
seniors and other targeted groups against predatory fraud and
scams. And we advanced out of Committee legislation that would
restore the FTC's longstanding authorities to get Americans
their money back after they have been scammed.
We are revitalizing our economy by modernizing our
crumbling infrastructure to create millions of good-paying
jobs, to keep us competitive on the global stage, and to ensure
no community is left behind. Last month, we passed out of
Committee and then the House, legislation that will ensure all
Americans have access to safe and affordable drinking water.
The Committee has also held a hearing on our comprehensive
infrastructure bill--the LIFT America Act, which aligns closely
with President Biden's American Jobs Plan.
And we are combating climate change by restoring
commonsense methane pollution standards that were eliminated by
the Trump Environmental Protection Agency. We have also held
seven legislative hearings on the CLEAN Future Act--this
Committee's legislation to aggressively tackle the climate
crisis this decade and to achieve net zero greenhouse gas
pollution by no later than 2050.
The Energy and Commerce Committee has a proud tradition of
working in strong bipartisan fashion to produce positive
results for the American people. We also value the
contributions of our colleagues who are not members of the
Committee and work hard to listen to their ideas and
incorporate them into our Committee's overall work. That's why
this hearing today is so important. We look forward to
continuing to listen to the ideas of all members as we work on
legislative proposals to continue to crush the pandemic,
provide relief to struggling families, protect consumers,
revitalize our economy, and combat climate change.
Mr. Pallone. So now I would like to recognize Mrs. Rodgers,
the ranking member, for 5 minutes for her opening statement.
OPENING STATEMENT OF HON. CATHY McMORRIS RODGERS, A
REPRESENTATIVE IN CONGRESS FROM THE STATE OF WASHINGTON
Mrs. Rodgers. Good morning, Mr. Chairman. Good morning,
everyone.
This Member Day is really a chance for us to celebrate the
rich, bipartisan history of the Energy and Commerce Committee.
For more than 225 years, this committee has taken on some of
the most difficult challenges of the day. It has done the hard
work, plowed the hard ground necessary to legislate and deliver
results. To bring hope and healing to our country, the rich
history and the hard work of this committee must continue.
Each of our colleagues who we will hear from today has the
honor of representing about 750,000 people. And just like us,
they were duly elected to serve, and are committed to working
on solutions to improve people's lives, empower people to take
risk, improve the world around them, and have the courage to
dream again. This what makes Energy and Commerce uniquely
American. It is the oldest committee on Capitol Hill. It was
here at the beginning, at the time when our first hopes and
dreams as a country were being hatched. It was at the beginning
of the promise of America.
Today's Member hearing is about listening and learning
about the solutions that our colleagues are working on, and why
these solutions are important in their districts.
For those who are not members of the Energy and Commerce
Committee, welcome. We look forward to hearing about your work
and your legislation, especially on our shared goals to
continue to lift people out of poverty, raise the standard of
living, and for America to win the future.
[The prepared statement of Mrs. Rodgers follows:]
Prepared Statement of Hon. Cathy McMorris Rodgers
RICH HISTORY
Thank you, Mr. Chairman.
This member day is a chance to celebrate the rich
bipartisan history of the Energy and Commerce Committee.
For more than 225 years, the committee has taken on the
most difficult challenges of the day.
It's done the hard work and plowed the hard ground to
legislate and deliver results.
For hope and healing in our country today, the rich history
of this committee must continue.
DULY-ELECTED
Each of our colleagues.... who we'll hear from today... has
the honor of representing around 750,000 people.
Just like us, they were duly-elected to serve and are
committed to working on solutions to improve people's lives...
... empower people to take risks... improve the world
around them...
... and have the courage to dream again.
This is what makes Energy and Commerce uniquely American.
It's the oldest committee in Congress. It was here at the
beginning for the very first hopes and dreams in the Promise of
America.
Today's member day is about listening and learning about
the solutions our colleagues are leading on...
...and why these solutions are important in their
districts.
WELCOME
For those who aren't members of the Energy and Commerce
Committee... welcome!
I look forward to hearing about your work and
legislation... Especially on our shared goals to raise people's
standard of living and for America to win the future.
Thank you again Mr. Chairman and I yield back.
Mrs. Rodgers. Thank you, Mr. Chairman, I yield back.
[Pause.]
Mrs. Rodgers. Mr. Chairman, I think you may be muted.
Mr. Pallone. I guess they automatically muted me after--
when you were speaking, Cathy.
So I want to--now we are going to go to Members' testimony.
And each Member who is joining us, you know, for the purposes
of making a statement would have 5 minutes.
And Members were given the order of recognition by staff
earlier this morning. Consistent with longstanding committee
practice, there will not be any questions of Members following
their testimony. So we are just going to run through those who
have--who would like to speak.
And I am--I have a list. And the first one that I have, who
I have already saw before, is the gentleman from Colorado. Mr.
Neguse is recognized.
STATEMENT OF THE HON. JOE NEGUSE, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF COLORADO
Mr. Neguse. Thank you, Mr. Chairman and Ranking Member
McMorris Rodgers, for the opportunity to testify today about
some of my priorities within the Energy and Commerce
Committee's jurisdiction. And I want to, in particular, thank
you, Mr. Chairman, for your leadership during this 117th
Congress.
I want to start by talking about Ally's Act, which some of
you may be familiar with. Ally, a young constituent from my
district, wrote to my office in 2019 to let us know about
issues that she was facing getting her insurance company to
cover her hearing devices. Despite the medical necessity of
osseointegrated devices, or OIDs, for people who experience
different forms of hearing loss that could be helped with a
traditional hearing aid like the bone-anchored hearing aid,
BAHA device, that Ally uses, private insurance companies
consistently deny coverage of OIDs.
I introduced Ally's Act, which is a bipartisan bill to
ensure access to these critical hearing devices, alongside the
cochairs of the Congressional Hearing Health Caucus. And I am
proud to have garnered bipartisan support for this bill,
including several members of the Energy and Commerce Committee.
We must ensure access to these critical hearing devices so
that individuals all around the country can access the life-
changing support that these devices could provide. I look
forward to continuing to work with you and your committee to
move this legislation forward.
I also wanted to talk about a second bill, and that is the
Disaster Safe Power Grid Act, a bicameral bill that I
introduced, along with Representative Schrader in order to
strengthen our energy grid and reduce the risk of power outages
caused by wildfires. We have all seen the devastating impacts
of climate change in our communities, and the disastrous
wildfires that raged throughout the West the past couple of
years. With the extreme drought and heat conditions currently
taking place across the West, this year's fire season has the
potential to be another devastating one.
This bill would establish a matching grant program for
power companies to reduce the risk of disaster-caused outages,
or power lines causing wildfires, emphasizing methods to harden
our electric grid and reduce wildfire risk. Our power grid
needs significant investments in order to prepare and
ultimately respond to the impacts of climate change and extreme
weather events. And I look forward to continuing to work with
your committee to enact this legislation.
In closing, I want to say again thank you to Chairman
Pallone and Ranking Member McMorris Rodgers for the opportunity
to testify before you today. And I certainly look forward to
continuing to work with you on these issues and many more.
Thanks again. And with that I yield back, Mr. Chairman.
[The prepared statement of Mr. Neguse follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Mr. Pallone. Thank you. I thank the gentleman from
Colorado. And as I said before, our practice isn't to ask
questions of the Members on Members Day. So thank you for your
testimony, and we will certainly follow through on what you
are--on your request.
All right. The next person I have down is the gentleman
from California, Jim Costa. Is Jim available? He is having some
problems with connecting?
Mr. Costa. No, I have just----
Mr. Pallone. Oh, there he is, I see him.
Hi, Jim. You are recognized for 5 minutes.
STATEMENT OF THE HON. JIM COSTA, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF CALIFORNIA
Mr. Costa. Thank you very much, Mr. Chairman and members of
the committee, for your efforts on what has been a challenging
16 months for all of us. And I thank the committee for its
time.
One of the many lessons I believe that we have learned out
of this pandemic, this horrific pandemic that has taken 600,000
American lives and done so much damage to every segment of our
society, is that when we address a crisis, we can do certain
things quickly, like increase the production of personal
protective equipment, PPE. But certain things we need to plan
much better. And you can't create more physicians or nurses.
And the shortages of healthcare workers that were at the front
lines that saved so many lives clearly made a incredible
difference. And we should thank them, all of them. I know we
all do.
This legislation is to provide a billion-dollar
authorization to create new medical schools in underserved
areas or to expand existing medical schools. And we should also
do so for our nurses. Frankly, the billion-dollar
authorization, when you see how much it takes to put together a
new medical school, is really modest.
If we are going to discuss ways to improve our Nation's
infrastructure for the benefit of all Americans--clearly, we
all believe in increasing and investing in our infrastructure,
but we must think beyond bridges and roads. Access to
transportation, broadband, education, clean drinking water are
so important. But there is another critical need that requires
equal and immediate attention, and that is the access to
quality healthcare.
The United States is expected to face a shortfall in
primary care providers over the next 5, 10, and 15 years,
especially in rural, low-income areas--communities are expected
to feel the brunt of that shortfall. Rural communities have
long suffered from a lack of quality medical care, and the
COVID-19 pandemic has only exacerbated the problem. Doctor
shortages are known to reduce the access to medical care by
imposing longer wait times, causing people to travel further to
see specialists.
My bill, Expanding the Medical Education Act, will curb the
shortfall of physicians by establishing medical training
programs in areas of high need, high need. The Expanding
Medical Education Act would provide $1 billion in funding for
medical school construction expansion and doctor training in
these unserved communities. But frankly, as I said, it is a
modest amount of money when you look at the need in underserved
areas across the country.
Priorities of funding will be given to educational
institutions that focus on diversity, medically deprived
communities. My district is a good example in the California's
San Joaquin Valley, where dire need is so critical for more
healthcare professionals of all levels: physicians, nurses,
healthcare techs. Having medical schools in these areas will
allow students who want to stay and work in these communities
to complete their studies, as well. It has been proven, if you
are able to train physicians and nurses in a given area, they
are far more likely to stay there. Our growing our own doctors,
therefore, is the only way to confront, in large part, this
medical crisis. The legislation is gaining momentum, with full
endorsement of the Congressional Hispanic Caucus, and I think
it has strong bipartisan appeal.
The fact is that rural communities, underserved communities
throughout the country suffer without immediate action. And I
am urging the committee's support for this legislation in the
infrastructure package, or whatever means is most suitable
toward its success.
For 40 years I have supported increasing medical care
throughout not only my valley that I represent--that I have the
honor and privilege--but throughout the country. And building
new medical schools across the country, I think, will go a long
ways in increasing our nursing programs toward dealing with
this shortage that is real, and is only going to grow unless we
address it.
So, obviously, while it is parochial in nature, we are
trying to--and the Governor in California has put money to
build this new medical school in the San Joaquin Valley, like a
lot of efforts that we are engaged in, a combination of State
and Federal resources oftentimes is the key to success, and
that is why I am urging you to support this authorization. And
if you want to increase the amount, that would be terrific.
So thank you so very much, Mr. Chairman and members of the
committee.
[The prepared statement of Mr. Costa follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Mr. Pallone. Thank you. Thank you, Jim.
Again, I--we are not going to ask questions, but I did want
to say that, you know, we have a lot of concern about the
shortage of doctors and the need for health infrastructure. In
the LIFT America Act we do have--I forget exactly how much, but
maybe somewhere between a 30 and 40 billion-dollar
authorization for, you know, healthcare infrastructure,
hospitals, labs, community health centers, with particular
attention to underserved areas. So this is very much in line.
You know, I didn't want to--if I could ask the ranking
member--I know we are not asking questions, but if you wanted
to make some comments, I don't want to preclude any comments
that you or maybe--in case there are other Members who would
want to make some comments.
Mrs. Rodgers. OK. Well, thank you, Mr. Chairman.
And both--well, to Jim, I really appreciate you raising
this issue. Certainly, the--it is in my district across the
country, the healthcare shortage. And we need to be taking
action. I have a hospital in my district. It is a critical
access hospital who hasn't been able to open their ICU to full
levels. They are at 50 percent because they can't get the
healthcare personnel that they need. And I know that that is
repeated over and over. And I look forward to working with you.
I think this an issue that is bipartisan. We all,
Republicans and Democrats, recognize that we need more doctors,
more nurses to meet our healthcare needs in rural, underserved
areas, as well as across the country.
So thank you for joining us today.
Mr. Costa. Well, thank you, Cathy, and your bipartisan
support is welcomed. Obviously, this an issue that affects all
Americans, and we should do whatever we can to encourage the
education of physicians and nurses across the country. And I
think, if we train within our regions, they are much more
likely to stay there. So I look forward to working with you on
this.
Mr. Pallone. Thank you, Jim.
Again, I don't want to preclude anyone else who might want
to make a comment, but we are not asking questions of the
Members. We told them in advance we weren't going to do that.
Does anyone else want to say anything?
Mr. Costa. Let me just make one more closing----
Mr. Pallone. Sure.
Mr. Costa. I want to thank you, Mr. Chairman of the
committee, and especially chairman of the subcommittee Anna
Eshoo, who is very familiar with this issue. And she and her
staff have worked very hard in helping us put the legislation
in what we hope is a form that will be acceptable to the
committee. So I want to thank all of you for your good work,
and thank my friend, Anna Eshoo, for her efforts.
And let me know what changes you think we need to look at
to make sure that it complies with the overall efforts that the
committee is working on.
Mr. Pallone. All right. Thank you so much, Jim.
Mr. Costa. Thank you. OK, keep up the good work, everybody.
Mr. Pallone. Thank you. Next I have Anthony Gonzalez, the
gentleman from Ohio--speaking of Ohio, with all my Ohio
presidents on the wall behind me here. Is Anthony--there he is.
Mr. Gonzalez. Yes, I am here. Yes, sir. Well, it is good to
see an Ohio representative in your office.
STATEMENT OF THE HON. ANTHONY GONZALEZ, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF OHIO
Mr. Gonzalez. Well, Chairman Pallone, Ranking Member
McMorris Rodgers, and members of the committee, thank you for
allowing me to address the committee on an important issue that
I have been working on since last Congress and, frankly, for
most of my adult life, and that is the ability of student-
athletes to capitalize on their name, image, and likeness, or
NIL, sort of a new issue for Congress but not a new issue for
college athletics.
As a former student-athlete at the Ohio State University, I
know firsthand the impact college sports can have on our
students, our athletes, and our communities across the country.
For me, my time playing at Ohio State shaped my life
immeasurably, and I am more thankful for the lessons I learned
on and off the field every day. College athletics has a way of
doing that. For many of my teammates, college sports provided
the best and sometimes the only opportunity to attend college
and earn a degree. That, in and of itself, is a fantastic gift.
Until the beginning of this month, student-athletes across
the Nation were restricted from capitalizing on their NIL
because of an NCAA policy. This meant that student-athletes
couldn't sign autographs, teach swim lessons, or accept any
financial award while nonathlete students on the campus had
these freedoms. States took matters into their own hands and,
beginning in 2019, with the California Fair Pay to Play Act,
started passing State laws allowing for student-athletes to
profit from their NIL in their respective State. The pressure
of multiple State laws going into effect July 1st caused the
NCAA to act, finally.
On June 30th, the NCAA announced an interim policy allowing
for student-athletes across the Nation to profit from their
NIL. Universities located in a State with an NIL law used this
as guidance. Whatever the law in the State was, that was their
guidance, while universities located in states with no NIL were
tasked with creating their own NIL policy. It was a huge win
for student-athletes everywhere, when the NCAA finally
overturned this inequitable policy. But it has resulted in
exactly what we don't want, which is a patchwork of State laws
and individual school policies that has created chaos in the
NIL space.
Without a clear standard across the board, student-athletes
will continue to face a convoluted and confusing set of
policies. So, for example, student-athletes in my home State of
Ohio are going to be playing by different rules than student-
athletes in other States, depending on what their State
legislature has done. That doesn't make any sense at all, and
it is horrible for competitive balance in the NCAA.
So Congress has the opportunity to deliver this, the
clarity that we need, by passing a Federal NIL law that will
create one uniform standard, protect the recruiting process,
and preserve the college athletic systems that Americans love.
The Energy and Commerce Committee is uniquely positioned to
consider legislation on NIL which at its heart is centered
around fair commercial activity and market involvement for
student-athletes. The committee should hold a hearing on NIL to
further examine the issue. The Senate has held multiple
hearings to examine the subject, and I hope to see the House do
so, as well.
A good starting point, if I may be so bold, would be to
consider my bipartisan bill that I have been working on with
Emanuel Cleaver for the last year and a half, the Student
Athlete Level Playing Field Act. This is the only bipartisan
bill introduced in either chamber that protects student-
athletes' rights for their NIL, and would provide one Federal
standard.
Thank you for the opportunity to speak. Thank you for
holding this hearing. And I look forward to working with you to
find a fair, timely solution for student-athletes across the
country. I yield back.
[The prepared statement of Mr. Gonzalez follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Mr. Pallone. I thank the gentleman, and it is certainly an
important issue that we need to look into, and I am really
pleased that you raised it.
I--you know, my son went to Kenyon College in Ohio. But, of
course, Kenyon was real small compared to Ohio State, so they
didn't have this--I shouldn't say they don't--shouldn't--they
didn't have the same level of student-athletes, because they
did have a lot of good student-athletes, but I understand your
notion of uniformity.
Let me ask if the ranking member would like to say
something.
Mrs. Rodgers. Anthony, I do appreciate you raising the
issue. You have a unique perspective by playing when you were
in college and then now being on Capitol Hill to lead on this
issue, and I really appreciate you working and the time that
you have spent with me as well as working to find a bipartisan
approach that we can bring some uniformity at a national level,
because I am concerned about the patchwork of State laws and
what that may mean, college by college. And so I appreciate you
raising this issue today and bringing your legislation forward.
And I want to continue to work with you to figure out how we
can move something forward.
Mr. Gonzalez. Thank you.
Mr. Pallone. Thank you. Mr. Palmer is recognized.
Mr. Palmer. Yes, Anthony, obviously, you played decades
after I did at the University of Alabama, and I share the
concerns that you have about how this is going to impact
college athletics. I would like to talk with you about it,
because I also don't want to create, basically, a government-
run program.
At the same time, I am very concerned about how this is
going to impact decision making with 17-, 18-, and 19-year-olds
and almost create an atmosphere of free agency with the
transfer portal. I see a lot of issues that could arise from
this. But, at the same time, as someone who grew up absolutely
dirt poor, went 4 years of college without a coat--and, believe
me, in Alabama it still gets cold--I understand your
perspective, that there are a lot of athletes who would never
walk into a college were it not for the athletic ability. But
even though they are on scholarship, they don't have the means
to support themselves.
So at some point I would like to sit down and talk with you
about this, because I think this is a very complex issue that
we need to carefully consider whatever steps we take moving
forward on this.
I yield back.
Mr. Pallone. All right. I have three hands up
electronically. First, I think, was--Bobby Rush is recognized.
Mr. Rush. Yes, I want to thank you, Mr. Chairman, for this
timely hearing. Mr. Chairman, I don't know if you recall, but
some years ago, when I was going to chair the Subcommittee on
Consumer Protection, we did have a series of hearings and
commentaries on this particular issue. And there were some of
us who began to actually have a bipartisan approach to solving
this problem. And I certainly want to congratulate my colleague
for taking this issue on.
Mr. Chairman, I never will forget that one of the witnesses
that was at our hearing who was a former student-athlete said
that when he was in college you could get a bagel, but you
could not get cream cheese on top of the bagel. That was what--
that is how he described his situation. And there was some--an
athlete who participated and who said that he had been injured
by playing a game, and immediately his scholarship was taken
from him. The cost of his medical care, surgery and medical
care, all of this was the responsibility of his family, without
means, had to assume all these costs, and he had no support. As
soon as he got injured, he was exiled, lost his scholarship,
and had to provide for his own medical care, he and his poor
family.
So, again, this a very, very serious situation, and I think
that the American people really want to see the Congress move
in a bipartisan way to enact a Federal framework for these
student-athletes. And all other nuances of this particular
bill, they can be worked out in the committee hearing and in
markup, but we need to, without hesitancy, move. The time is
right now, and we should move to bring this matter to a markup.
I yield back, Mr. Chairman.
Mr. Pallone. Thank you, Mr. Rush. And I think--I guess I
was going to say I am the most senior member of the committee,
but that is not true, because Fred Upton was here before me.
Mr. Rush. Right.
Mr. Pallone. But we remember--I remember, when I first got
on the committee, Cardiss Collins, I think, was the
subcommittee chair.
Mr. Rush. Right.
Mr. Pallone. And she had numerous hearings on college
sports, professional sports, women's sports.
Mr. Rush. Right.
Mr. Pallone. To the point where I was kind of tired of
going to the hearings. But it is certainly something that is a
major part of our jurisdiction. So thank you.
I see Gus------
Mr. Rush. Mr. Chairman, if I might, Member Cardiss Collins
was responsible for Title 9.
Mr. Pallone. Exactly.
Mr. Rush. It came out of my--our committee, and out of her
subcommittee.
Mr. Pallone. Exactly, exactly. All right. So we are going
to go to--Gus Bilirakis is recognized.
Mr. Bilirakis. Thank you, Mr. Chairman. I am going to be
very brief. I believe that Anthony's bill, along with Emanuel
Cleaver, strikes the right balance. And--but we can even build
on that particular bill. And I am going to ask you, Mr.
Chairman, Ranking Member, and then also the chairman of the
subcommittee--I am the ranking member--that we hold a hearing
as soon as possible. It is very important. I have already
talked to Anthony about this particular bill, and, as I said,
it strikes the right balance.
I would recommend that we have student-athletes testify, as
well. But again, I am not the chairman of the committee, but we
have got to move on it as soon as possible. Thank you, and I
will yield back, Mr. Chairman.
Mr. Pallone. All right. Well, let me take that up, and we
will talk to Cathy and see what we can do. I also see Tony
Cardenas's hand is up.
You are recognized for 5 minutes.
Mr. Cardenas. Thank you, Mr. Chairman. Thank you, Anthony,
for bringing this forward to us. And hopefully, we will have
some hearings. I don't think these hearings are going to have
to go on forever. You brought up a good point, Anthony. There
are students on these same campuses who have the fluidity and
ability to make sure that they can actually work and actually
have enough money to eat. And I am sure you are familiar,
Anthony, with the stories of students--because of their
limitations, because they are athletes--they literally are
going to practice, burning thousands of calories, and they
don't even have enough money to buy a sandwich, or even make a
sandwich.
So these are the kinds of things that I think that we need
to expose and bring to light, because I think the average
American just doesn't understand. They see on Saturdays or
whatever day of the week that they are watching these amazing,
amazing young people play, and they just think it is all fun
and games. But in reality, they are suffering. They literally
are suffering.
And also, thank you, Anthony, for bringing up the point
that, for some people, especially poor Americans of all
stripes, this was their really only opportunity to actually get
a good education. And I think it is high time that we in
America treat them as student-athletes, not just athletes first
and students a distant second. So, again, thank you so much for
bringing this up, Anthony. I am looking forward to working with
you on this.
I worked on some bills in this arena, and hopefully our
offices can work together. And any way I can help you, I am
more than happy to do so. Thank you so much for bringing it to
the committee.
Thank you, Mr. Chairman.
Mr. Pallone. Thank you. I don't see anybody's hand up,
electronically. Any------
Mr. Gonzalez. Mr. Chairman, could I just briefly, just in
closing--tons of interest, and I thank you all for your
comments, and I appreciate them all. As you can tell, it is
something that is--it is personal to me. I was a student-
athlete. So was my wife.
Mr. Cardenas just mentioned, you know, you think of the
high-profile athlete and you think everything is paid for.
Well, my wife was a college swimmer at Stanford in Palo Alto,
which is probably the most expensive city in the country,
wasn't on full scholarship--great swimmer, wasn't on a full
scholarship--and so still had to find a way to pay tuition on
top of everything else, in terms of being able to feed herself
and whatnot. And that is true for so many athletes.
And if we just think of this high-profile stuff, it is
really everybody. It can impact the highest-profile athlete in
college football, but it can impact folks you have never heard
of who just want to teach some swim lessons to make a few
dollars so that they don't graduate with a ton of debt.
So I really just commend you all, and I am thankful that
you are passionate about it, as well. And I will help anybody
on anything related to this. I just want to see it get done. So
thank you all.
Mr. Pallone. Thank you, Anthony. I remember--that is what
it was--Kenyon had a very good swim team. That was their big
thing at Kenyon College, the swim team.
All right, thank you. The next person I have is the
gentleman from Pennsylvania. Fred Keller is recognized for 5
minutes.
STATEMENT OF THE HON. FRED KELLER, A REPRESENTATIVE IN CONGRESS
FROM THE COMMONWEALTH OF PENNSYLVANIA
Mr. Keller. Thank you, Chairman Pallone and Ranking Member
McMorris Rodgers, for holding this hearing to discuss the
critical issues that fall under the Energy and Commerce
Committee's jurisdiction. There are two bipartisan bills that
have been referred to the committee that I would like to
discuss.
The coronavirus pandemic has changed so much about how we
deliver healthcare at nursing homes, long-term care centers,
and skilled nursing facilities. Pandemic--you know, every
sector that houses individuals in the congregate setting has
been impacted by the pandemic, but not more than the nursing
facilities, which have faced unique challenges, including a
shortage in the essential workforce that cares for our seniors.
Since CMS issued the Section 1135 flexibilities to allow
States to bring on temporary nurses' aides, TNAs, that provide
additional care to seniors in these settings, more than 4,000
TNAs have started their important work serving our seniors in
Pennsylvania. Those flexibilities are starting to be rolled
back and will fully expire once the COVID-19 emergency period
has ended. If this happens, those TNAs who joined the ranks of
our frontline healthcare workers will lose their temporary
status.
That is why Congresswoman Wild and I have introduced H.R.
331, the Nurses Care Act, which would extend these
flexibilities for TNAs brought on during the pandemic, allowing
States to determine the best method of certifying its existing
TNA workforce, and allow on-the-job experience to count toward
moving a TNA toward full certification. This approach serves as
a lifeline to nursing facilities and provides an attractive
career pathway to help meet the growing demand this industry
faces.
Estimates indicate there will be around 73 million
Americans over the age of 65, including 9 million aged 85 and
older, by 2030. This will require the industry to add roughly
1.4 million workers by 2025, mostly at the direct-care level.
The senior care industry cannot afford workforce shortages of
any size. I would urge the committee to consider the Nurses
Care Act and similar efforts to shore up this workforce
pipeline for nursing facilities and senior living centers so
TNAs can continue their important work of providing care and
essential services to our Nation's seniors.
Another issue that impacts seniors in Pennsylvania and
around the country is certain Medicare Part D drug pricing
policies and the burdens they place on seniors and independent
community pharmacies. As you may be aware, pharmacy benefit
managers play a significant role in the drug pricing debate
with certain anticompetitive tactics that raise patient costs
at the pharmacy counter and claw back hundreds and thousands in
DIR fees from pharmacies months after drugs have been
dispensed, making it difficult to operate these small
businesses.
CMS has determined that there was a 91,500 percent increase
in DIR fees between 2010 and 2019, and this unchecked growth of
DIR fees creates access issues for seniors in Part D and
increases the possibility of pharmacy deserts.
CMS has also said that the average growth of pharmacy DIR
fees will increase roughly an additional 10 percent per year.
I am proud to be a cosponsor on H.R. 3554, the Pharmacy DIR
Reform to Reduce Senior Drug Costs Act, led by Energy and
Commerce members Representatives Welch and Griffith. This
bipartisan bill seeks to reduce patients' cost sharing, prevent
plans and pharmacy benefit managers from clawing back DIR fees
from pharmacies, enhance price transparency, and establish
consistent pharmacy performance measures that foster quality
care and enhance the viability and predictability of pharmacy
operations.
Any meaningful drug pricing package must also include
reforms to address these DIR fees. By taking action, we can
save American seniors up to 9 billion in out-of-pocket costs,
as estimated by CMS.
Chairman Pallone and Ranking Member McMorris Rodgers, I
urge this committee to consider the bipartisan legislation that
will lower drug costs for seniors and preserve access to
community pharmacies, which are the most accessible provider of
prescription drugs in rural and underserved areas and, I might
add, were an integral part in dispensing the vaccine all across
America.
Thank you again for holding this hearing, and I yield back.
[The prepared statement of Mr. Keller follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Mr. Pallone. Well, I thank the gentleman. You raise two
very important issues that our committee continues to grapple
with. One certainly is the drug pricing issue, which, you know,
we have been the lead on many efforts to control or at least
limit price increases, particularly within--you know, by trying
to encourage generics over the years. And then, certainly with
regard to nursing homes, you know, in my home State the
situation with the nursing homes during the pandemic was dire.
I mean, we had many deaths and many concerns that we continue
to grapple with. So these are very important issues. I
appreciate you bringing them up.
And I yield now to our ranking member, Mrs. Rodgers.
Mrs. Rodgers. Thank you, Mr. Chairman.
And Fred, I really appreciate you taking the time to join
us and raise these issues. I completely agree about the
importance of price transparency and accountability with the
PBMs--work with you on legislation, and that Morgan Griffith
and others are leading on the committee.
We came really close to a solution on the DIR fees last
Congress. It was one of those really disappointing ends, but we
don't give up. So I appreciate you bringing that forward today.
And I, too, would just join on the nursing homes.
Certainly, they were on the forefront, and I appreciate you
raising the issues around staffing, because they got hit
especially hard during COVID-19. And it is going to be
important that we are looking at what we can be doing to
continue to support the important role that they play in our
communities and for our families.
Thank you for joining us.
Mr. Keller. Thank you. I appreciate the opportunity, and I
really look forward to working with everybody on the committee.
Mr. Pallone. I see that Gus is--is that left over from the
previous one? I don't see him on the screen, so it probably is
left over.
Did anyone else want to raise anything?
If not--all right, thank you, Fred. Thanks so much for
being with us today. We will follow up.
Mr. Keller. Thank you, I appreciate it.
Mr. Pallone. So my notes say that we also have David
Schweikert from Arizona, who is joining us. Do you--is he with
us?
No, he is not? OK. And I understand that Ed Case is not
joining us. Is that correct?
So we are done. OK, then we are done. Except let me--we do
have a number of Members who want to submit statements for the
record, so I will ask unanimous consent that the following
statements for the record be submitted by these Members:
Representative Sablan of the Northern Mariana Islands;
Representative Wexton of Virginia; Representative Higgins of
New York; a statement from four representatives, Representative
Chu of California, Frankel of Florida, Pressley of
Massachusetts, and Escobar of Texas--that is together; and
then, separately again, a statement from Representative
Jenniffer Gonzalez-Colon of Puerto Rico; Representative
Balderson of Ohio; and we also have a statement from a member
of our committee, Doris Matsui of California.
So, without objection, so ordered.
[The information appears at the conclusion of the hearing.]
Mr. Pallone. And let me just thank everyone and all the
members for participating in today's hearing.
But I mean, even though Members come today or don't come
today, you know, we are always constantly getting input from
people, from the Members who are not on our committee. And I
know many of you do the same thing, and work with the non-
Members. So we pride ourselves, as you all know, in getting
input from all Members, not just members of our committee.
But unless--did you want to add anything, Mrs. Rodgers?
OK. Then, without further ado, at this time the committee
is adjourned. And, well, I guess we will see you virtually
other days this week, and then be back in person next week. So
thanks again. The committee is adjourned.
[Whereupon, at 11:44 a.m., the committee was adjourned.]
[Material submitted for inclusion in the record follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
[all]