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114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-288
======================================================================
ESTABLISHING A SELECT INVESTIGATIVE PANEL OF THE COMMITTEE ON ENERGY
AND COMMERCE
_______
October 6, 2015.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Foxx, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 461]
The Committee on Rules, having considered the resolution
(H. Res. 461) establishing a Select Investigative Panel of the
Committee on Energy and Commerce, report favorably thereon
without amendment and recommend that the resolution be adopted.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 1
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings and Recommendations................. 4
Performance Goals and objectives................................. 4
Advisory Committee Statement..................................... 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing House Rules Made by the Resolution, as
Reported....................................................... 5
PURPOSE AND SUMMARY
The resolution establishes a Select Investigative Panel as
part of the Committee on Energy and Commerce to investigate and
study matters related to procedures and practices of
organizations involved in fetal tissue procurement. The Select
Investigative Panel will have the standard array of
investigative tools at its disposal.
BACKGROUND AND NEED FOR LEGISLATION
Three House Committees initiated investigations soon after
undercover videos featuring senior level Planned Parenthood
officials admitting unethical and potentially illegal
procedures surfaced. These investigations focused on the
practice of fetal tissue procurement and the enforcement of
laws related to such procurement, medical care given to
children born as a result of an attempted abortion, and federal
support for abortion providers. The investigations have also
focused on abortion providers, tissue procurement
organizations, and the Departments of Justice and Health and
Human Services.
The Committee on the Judiciary is examining the relevant
federal criminal law and the Committee on Oversight and
Government Reform is examining the sources of federal funding.
The Committee on Energy and Commerce has begun to
investigate the medical and business practices of abortion
providers and fetal tissue procurement organizations. The
Committee on Energy and Commerce has requested documents and
interviewed officials from abortion providers and tissue
procurement organizations.
july 15, 2015: Upon release of the first video, Energy and
Commerce Committee leaders released a statement launching
investigations within the committee's jurisdictions. ``Dr.
Nucatola's statements raise most troubling questions with
regard to your organization's practices when performing
abortions and whether those practices are consistent with
federal law, including those laws restricting partial birth
abortions and the sale of human fetal tissue.''
july 17, 2015: Energy and Commerce Committee members sent a
letter to Cecile Richards, the president of Planned Parenthood
Federation of America (PPFA) requesting a briefing with Dr.
Deborah Nucatola (the woman featured in the first video and the
Senior Director of Medical Services at PPFA).
august 7, 2015: The Energy and Commerce Committee sent
letters to PPFA, Advanced Bioscience Resources, Inc., Novogenix
Laboratories, and StemExpress requesting additional briefings
and information regarding each organization's practices
relating to human fetal tissue collection, sale, and/or
donation.
Over the month of August, Energy and Commerce Committee
staff conducted interviews with Dr. Reagan McDonald-Mosley, the
Chief Medical Officer of PPFA, Dr. Deborah Nucatola, officials
from StemExpress, Advanced Bioscience Resources, Inc. and
Novogenix Laboratories, and the Associate Director for Science
Policy at the National Institutes of Health.
september 22, 2015: Energy and Commerce Committee leaders
sent two letters to Advanced Bioscience Resources, Inc. and
Novogenix demanding more details regarding how the companies
deal with Planned Parenthood affiliates, the cost of fetal
tissue, and obtaining consent from patients. Chairman Upton and
Subcommittee Chairman Murphy commented, ``Our investigation has
always and continues to be about respect for human life.''
Evidence gathered through the Energy and Commerce
Committee's investigation to date justifies further examination
of fetal tissue procurement practices, late abortions and
children born alive, and federal support for abortion
providers. The scope of this examination necessitates the
creation of a select investigative panel to focus on these
matters. PPFA alone has 59 affiliates and approximately 700
health centers in addition to independent abortion providers
and tissue procurement organizations. A careful examination of
the large number of expected documents to be reviewed
andinterviews to be conducted by the Oversight and Investigations
Subcommittee of the Energy and Commerce Committee would prevent the
Subcommittee from conducting meaningful and necessary oversight of the
many other matters within the jurisdiction of the committee. The Select
Investigative Panel will permit this necessary investigation to
continue without impairing the other important work of the Oversight
and Investigations Subcommittee.
HEARINGS
On October 6, 2015, the Committee on Rules held a
legislative hearing on H. Res. 461, establishing a Select
Investigative Panel of the Committee on Energy and Commerce.
The following witnesses testified: Hon. Marsha Blackburn (R-TN)
and Hon. Frank Pallone Jr. (D-NJ)
COMMITTEE CONSIDERATION
The Committee on Rules met on October 6, 2015 in open
session and ordered H. Res. 461 favorably reported to the House
by a nonrecord vote, a quorum being present.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto. A
motion by Mr. Cole to report the bill to the House with a
favorable recommendation was agreed to by a nonrecord vote, a
quorum being present.
The committee also considered the following amendments on
which record votes were requested. The names of Members voting
for and against follow:
RECORD VOTE NO. 109
Date: October 06, 2015.
Amendment offered by Ms. Slaughter, which would strike all
the language regarding the Planned Parenthood panel and replace
it with a resolution to dissolve the Benghazi Panel.
Not Agreed to: 2 yeas and 7 nays.
----------------------------------------------------------------------------------------------------------------
Not Not
Representative Yea Nay Voting Representative Yea Nay Voting
----------------------------------------------------------------------------------------------------------------
Ms. Foxx, Vice Chairman.............. ...... ...... X Ms. Slaughter, Ranking X ...... .......
Member.
Mr. Cole............................. ...... X ....... Mr. McGovern........... ...... ...... X
Mr. Woodall.......................... ...... X ....... Mr. Hastings........... ...... ...... X
Mr. Burgess.......................... ...... X ....... Mr. Polis.............. X ...... .......
Mr. Stivers.......................... ...... X .......
Mr. Collins.......................... ...... X .......
Mr. Byrne............................ ...... X .......
Mr. Newhouse......................... ...... ...... X .......................
Mr. Sessions, Chairman............... ...... X .......
------------------------
Vote Total: 2 7 4
----------------------------------------------------------------------------------------------------------------
RECORD VOTE NO. 110
H. RES. 461 [ORIGINAL JURISDICTION]
Date: October 06, 2015.
Amendment offered by Mr. Polis, which would require that
the Energy and Commerce Committee provide periodic reports to
the House on all of the expenditures of the Select Panel, along
with a report on which legislative functions are being
curtailed in order to divert such funds to the select panel.
Not Agreed to: 2 yeas and 8 nays.
----------------------------------------------------------------------------------------------------------------
Not Not
Representative Yea Nay Voting Representative Yea Nay Voting
----------------------------------------------------------------------------------------------------------------
Ms. Foxx, Vice Chairman.............. ...... ...... X Ms. Slaughter, Ranking X ...... .......
Member.
Mr. Cole............................. ...... X ....... Mr. McGovern........... ...... ...... X
Mr. Woodall.......................... ...... X ....... Mr. Hastings........... ...... ...... X
Mr. Burgess.......................... ...... X ....... Mr. Polis.............. X ...... .......
Mr. Stivers.......................... ...... X .......
Mr. Collins.......................... ...... X .......
Mr. Byrne............................ ...... X .......
Mr. Newhouse......................... ...... X .......
Mr. Sessions, Chairman............... ...... X .......
------------------------
Vote Total: 2 8 3
----------------------------------------------------------------------------------------------------------------
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee made findings and
recommendations that are reflected in this report.
PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the Committee establishes the
following performance related goals and objectives for this
legislation:
The resolution will provide the Committee on Energy and
Commerce with a dedicated panel to investigate matters related
to procedures and practices of organizations involved in fetal
tissue procurement.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
The first section of the resolution establishes the Select
Investigative Panel of the Committee on Energy and Commerce.
Section 2 addresses the structure and authorities of the
select panel. Subsection (a) provides that the select panel
will be comprised of 13 members appointed by the Speaker, five
of whom will be appointed on the recommendation of the Minority
Leader. Any vacancies are to be filled in the same manner as
the original appointment. While members of the select committee
may be appointed from the entire membership of the House,
subsection (b) provides that members of the select panel are to
be treated as though members of the Committee on Energy and
Commerce for purposes of the select panel's investigation and
subsection (c) provides that no member may serve in an ex
officio capacity. Finally, subsection (d) provides that the
select panel's chair must also be a member of the Committee on
Energy and Commerce.
Section 3 of the resolution provides the scope of the
select panel's investigation. It directs the select panel to
perform a complete investigation and study and issue a final
report (along with any necessary interim reports) regarding
medical procedures and business practices used by entities
involved in fetal tissue procurement, any other relevant
matters with respect to fetal tissue procurement; Federal
funding and support for abortion providers; the practices of
providers of second and third trimester abortions, including
partial birth abortion and procedures that may lead to a child
born alive as a result of an attempted abortion; medical
procedures for the care of a child born alive as a result of an
attempted abortion; and any changes in law or regulation
necessary as a result of any findings resulting from the
investigation and study. The Committee notes that while this
provision directs the select panel to report recommendations
for necessary changes in law or regulation related to the
matters under investigation, this provision is not intended to
confer legislative jurisdiction on the select panel. Any
recommended changes should considered by the appropriate
standing committees in the regular order.
This section also provides that the chair of the Committee
on Energy and Commerce will cause the select panel's reports to
be printed and made publicly available in electronic form.
Section 4 provides that rule XI of the Rules of the House
of Representatives and the rules of the Committee on Energy and
Commerce shall apply to the select panel in the same manner as
any other subcommittee, except that the chair of the select
panel (1) is authorized to authorize and issue subpoenas,
including for the purpose of taking depositions; (2) may order
the taking of depositions by members or counsel of the select
panel and that any deposition taken pursuant to this authority
will be governed by the regulations issued by the chair of the
Committee on Rules; and (3) may recognize members or staff to
question witnesses for periods longer than five minutes as
though pursuant to clause 2(j)(2) of rule XI.
Section 5 of the resolution provides that service on the
select panel does not count against the subcommittee service
limitation in clause 5(b)(2)(A) of rule X, while section 6
provides that the select panel will be dissolved 30 days after
filing its final report.
CHANGES IN EXISTING HOUSE RULES MADE BY THE RESOLUTION, AS REPORTED
In compliance with clause 3(g) of rule XIII of the Rules of
the House of Representatives, the Committee finds that this
resolution does not propose to repeal or amend a standing rule
of the House.
[all]
