[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:]
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