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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]