59–008 

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 procureVerDate Sep 11 2014 04:41 Oct 07, 2015 Jkt 059008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR288.XXX HR288

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ment 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 and 

interviews to be conducted by the Oversight and Investigations 

Subcommittee of the Energy and Commerce Committee would preVerDate Sep 11 2014 05:02 Oct 07, 2015 Jkt 059008 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR288.XXX HR288

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vent 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. 

Representative Yea Nay Not 

Voting Representative Yea Nay Not Voting 

Ms. Foxx, Vice Chairman .................. ....... ....... X Ms. Slaughter, Ranking Member ..... X ....... .........

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 


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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. 

Representative Yea Nay Not 

Voting Representative Yea Nay Not Voting 

Ms. Foxx, Vice Chairman .................. ....... ....... X Ms. Slaughter, Ranking Member ..... X ....... .........

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 


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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. 

Æ 


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