Lgbtqi+ Data Inclusion Act
Floor Speech
Mr. Speaker, the LGBTQI+ Data Inclusion Act requires Federal agencies to collect highly sensitive information from the American people.
With Americans facing record inflation, record gas prices, supply chain shortages, and skyrocketing drug overdoses, it is unbelievable that this is a priority for the House Democrats.
Mortgage rates are at their highest levels since 2008. Inflation rates are at their highest levels in 40 years. Nationally, gas prices are averaging over $5 per gallon. There is a severe shortage of baby formula across our country. It has been a free-for-all at the southern border since President Biden took office both for illegal immigrants and deadly drugs.
The House majority is ignoring these issues. They have also ignored the botched withdrawal from Afghanistan, the origins of the COVID pandemic, and the impact of shutdowns and school closures on American children. Instead, today we are considering a divisive bill, a bill that does nothing to address Americans' problems.
H.R. 4176 requires Federal agencies to include questions regarding sexual orientation and gender identity on their surveys. There are over 130 such surveys across the Federal agencies. This also includes the Census. My colleagues across the aisle oppose asking whether someone is an American citizen on the Census because they say it could deter participation, but they want to ask about sexual orientation and gender identity.
This is information many Americans would not want to share with the Federal Government. This could certainly reduce response rates to the Census and a host of statistical surveys our government relies on to inform important policy decisions.
I would remind my House colleagues that asking these questions during a job interview is illegal. In fact, Title VII of the Civil Rights Act protects against employment discrimination on the basis of sex. This has been interpreted by the Supreme Court to include sexual orientation and gender identity. Yet, House Democrats want the Federal Government to ask Americans about this most private of information.
My Democrat colleagues claim this bill will expand funding and services for those who identify as LGBTQI+, but they haven't specified funding and for what services.
We also don't know how agencies will actually use this information, and we don't know how bad actors would exploit this information. Federal agencies are constantly the targets of cyberattacks and subject to leaks. A Chinese attack on the Office of Personnel Management exposed the data of millions of Americans. The Internal Revenue Service has leaked tax information on high-profile Americans to the press. This information could be used for harmful purposes, so Americans may be reluctant to risk answering a survey entirely.
House Democrats say that these intrusive questions will remain optional under the bill, but we all know the pressure respondents will feel to answer a Federal agency survey. In fact, the bill has been amended by the rule to strike the exemption from penalty provision which protected survey respondents from fine or other penalty if they refused to answer a question.
Why did this language need to be removed if the questions are optional?
Are they planning to penalize respondents for not answering questions about their sexuality and gender?
We do not know why, and that is because this bill hasn't gone through any due diligence.
Another troubling part of the bill is how it allows observers or proxies to fill out these surveys on behalf of others.
Should we really have other people asking highly personal questions about somebody else on a Federal agency survey?
Republicans don't think so.
A proxy could make a guess, or a person would have to tell this proxy their sexual orientation or gender identity--something they may not want to discuss.
When the House Oversight and Reform Committee considered the bill last week, committee Republicans supported an amendment offered by Representative Michael Cloud to strike this provision, but committee Democrats rejected it.
House Republicans also have concerns about presenting children with questions about sexual orientation or gender identity.
Why should a minor be confronted by such topics?
For instance, the National Survey of Fishing, Hunting and Wildlife- Associated Recreation includes respondents as young as 6 years old. Federal surveys are no place to confront the American people or their children with intrusive questions and concerns about sexual orientation or gender identity, especially when parents are worried about this agenda with an ever-evolving list of identities. It is hard to keep up.
Many parents have grave concerns that advocates of this agenda are seeking to indoctrinate their children and drive a wedge within their families, and this bill confirms some of these concerns by allowing these questions to be directed to children. Democrats have not addressed or even acknowledged these concerns.
In the committee markup of H.R. 4176, my colleague, Glenn Grothman, offered an amendment to prohibit the collection of this information from minors, but committee Democrats voted this sensible amendment down unanimously.
What is more telling is House Democrat leadership have refused to make either Representative Grothman's or Representative Cloud's amendments in order today. I wonder why the House majority refuses to consider an amendment aimed at protecting children.
These amendments address important issues. The American people's Representatives should be able to vote on them before sending this troubling bill to the Senate. The American people deserve better from this legislative body.
Mrs. CAROLYN B. MALONEY of New York.
I point out to my good colleague that this year the National Academies put out a report which found that complete and accurate demographic information on the LGBTQI+ community should be standardized and collected. The report showed that only a limited number of Federal surveys collect data on sexual orientation and gender identity, and that none collect data on intersex populations.
This bill would greatly improve our data collection efforts. This would help ensure the Federal Government's programs and services can reach every person in the U.S. with the greatest effectiveness.
It would help us also to better address longstanding health and economic inequities for America's LGBTQI+ population. From the limited research currently available, we understand that LGBTQI+ people disproportionately experience poverty, housing insecurity, adverse physical and mental health outcomes, discrimination, and more. So collecting this data is critically important to ensure that our policies meet the needs of our LGBTQI+ constituents.
I will give one example of why this is so important. Without the collection of this data, States were not able to measure the impact of the pandemic on the LGBTQI+ individuals. They were completely left out of all medical surveys leaving pandemic response programs at risk of neglecting these individuals. It moves us to a more inclusive and equitable society.
Representative Raul Grijalva is the distinguished and outstanding chairman of the Committee on Natural Resources. He is the author of the original bill. I was proud to work with him, with the committee members to bring it to the floor.
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Mr. COMER. Madam Speaker, I yield 3 minutes to the gentleman from Wisconsin (Mr. Grothman).
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Mr. COMER. I yield an additional 1 minute to the gentleman from Wisconsin.
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Mr. COMER. Madam Speaker, I yield 5 minutes to the gentleman from Arizona (Mr. Biggs).
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Mr. COMER. Madam Speaker, I yield 2 minutes to the gentleman from Arizona (Mr. Biggs).
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Mr. COMER. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, the U.S. House of Representatives should focus on helping the American people survive economic turmoil and defending our borders and national security.
I urge House Democrats to get back to what the American people elected us to do: conduct oversight over the Federal Government and the Biden administration, which is on a path to destroy America.
We need to hold hearings, conduct oversight, and pass legislation addressing the crises affecting Americans today. That is our constitutional responsibility. That is the responsibility of the House Oversight Committee.
Instead, we are spending valuable resources and time on divisive political messaging bills, and that is what this is. I oppose H.R. 4176, and I urge my colleagues to do the same.
Madam Speaker, I yield back the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield myself the balance of my time to close.
I thank the gentleman from Arizona (Mr. Grijalva) for introducing this important legislation. I am pleased that we were able to bring this bill before the House during Pride Month to show that we care about everyone in our country. We think everyone should be counted, everyone should be surveyed, and everyone's needs should be listened to.
I particularly thank the LGBTQ+ Equality Caucus for their attention and work on this bill and the Committee on Oversight staff for all the work required to make this happen.
I am also very grateful to the more than 124 cosponsors, my colleagues here in this body, and more than 200 civil rights, health, and scientific organizations that have supported this bill and affirm the need for comprehensive Federal data collection on members of the LGBTQI+ communities.
This bill, H.R. 4176, moves this country one step closer to equality and gives us the tools to see and support all of our communities, all of our constituents.
I again urge my colleagues to support this bill. I thank the leadership of this body, our Speaker, our majority leader, and our Caucus chair, all of whom have played a role in supporting this legislation and moving it to a vote today.
Madam Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Madam Speaker, I am proud to rise in strong support of H.R. 4176, the LGBTQI+ Data Inclusion Act, and to discuss my amendment to this legislation.
Despite significant legal advances over the past several years, including marriage equality, LGBTQI+ Americans remain vulnerable to discrimination on a daily basis.
Today, only 21 states have laws that explicitly prohibit discrimination based on sexual orientation in employment, housing, and public accommodations, and only 20 states have such protections for gender identity.
In most states, a same-sex couple can get married on Saturday, then be legally denied service at a restaurant on Sunday, then be fired from their jobs on Monday, and evicted from their apartment on Tuesday.
Our country is comprised of trans people of color, lesbians living with a disability, gay immigrants, and those experiencing all other manners of intersecting and layering levels of oppression and privilege.
H.R. 4176 would make note of these stories and add their voices to the mosaic of our country.
The data available through these newly developed federal surveys will allow federal agencies to create better policies and practices designed to accommodate the needs of all our Nation's people.
I am conscious of the fact that if Congress expects the LGBTQI+ community to trust the federal government with their information, we must ensure their privacy and protection.
It is imperative that this data not be used to exclude, discriminate against, vilify, ostracize, or in any other way negatively impact anyone in this already vulnerable community.
That is a promise we make today.
Again, I remind you of the long path to full equality we walk. Let it be known, however, that one day our Nation will find itself knocking on equality's door.
When that happens, future LGBTQI+ Americans will look back and see themselves not hidden in shame, but present.
Present in our census, in our housing surveys, in our employment surveys.
They will be present in our metropolitan cities and in our rural towns, from the Atlantic beaches to the Pacific Northwest. From the forests of Alaska to the plains of my own Texas.
Through the LGBTQI+ Data Inclusion Act, LGBTQI+ Americans will be able to say--I was there. I am here.
It is high time that we provide equal protection for all members of the LGBTQI+ community in accordance with the 14th Amendment, which ensures equal protection for ALL Americans.
H.R. 4176 will take us one more step forward in the decades-long journey towards equality by creating a toolkit through which our LGBTQI+ community members can be represented in demographic data collection--and ultimately protected under the law.
This bill will require federal agencies to assess the ways in which they document sexuality, gender identity, and gender variance in surveys and provide new opportunities for LGBTQI+ individuals to self- identify themselves--all while ensuring the privacy and dignity of the people involved.
Though this legislation enacts a simple change on federal surveys, it represents a great gesture for our future.
We are not just talking about numbers today.
We are not just talking about percentages and ratios and clusters.
We are talking about the documentation and legacy of the great diversity of this Nation, and about enacting tools through which that diversity can be represented and protected.
As you all know, representation is the bedrock of American democracy.
If the government does not see you, how can it serve you?
As we discuss this Act, I especially want to keep in mind the members of the LGBTQI+ community who experience the fluidity and intersectionality that are aspects of gender and sexual identity.
Of course, gender and sexuality are just two facets of personhood.
Race, religion, socio-economic status, geographic region, disability status, and culture all play a part in crafting identity.
Madam Speaker, all of this is true about H.R. 4176, and yet, I encourage my colleagues in Congress to push for more.
That is why I believe my amendment is very important.
My amendment would direct the Comptroller General to issue a report to Congress about the impact of the implementation of this Act on the provision of services to LGBTQI+ persons.
It would assess the impact of H.R. 4176 by ensuring transparency into the correlation between the provision of services and one's gender identity, sexual orientation, and variations in sex characteristics.
Data collected through this Act would be used to monitor the flow of social services to LGBTQI+ communities. This will encourage the provision of services to the LGBTQI+ community, and if there are shortcomings, Congress and the public will be informed of them so that they can be remedied soon thereafter.
Despite our many gains, the United States is not always a welcoming place for individuals across the spectrum of genders and sexualities.
This is especially true for those coming from un-affirming communities and families--those for whom living their authentic lives may come at the cost of social ties and support systems.
For some, authenticity can be isolating. As my colleagues know, the depression and suicide rates of LGBTQI+ individuals are horrifically high.
LGBTQI+ youth in particular are at greatest risk.
In Texas, The Trevor Project saw nearly 15,000 crisis contacts from LGBTQI+ youth in 2021.
Research consistently shows that trans and gay youth are more likely to experience depression when living in un-affirming or discriminatory environments.
Alternatively, the presence of supportive close friends and family in the life of an LGBTQI+ youth has a direct positive impact on that youth's self-esteem and overall health.
That supportive person could be a teacher, an athletic coach, a mental health counselor, or a troop leader.
The data available in H.R. 4176 could be used to help put more of these mentors in the lives of LGBTQ+ youth every day.
The LGBTQI+ Data Inclusion Act would enable agencies that provide mental health and other social services to gain access to a wealth of information about the communities they serve, so that they can better serve the LGBTQI+ community.
My amendment would allow us to see if they then use this data and their resources to safeguard the well-being of some of our Nation's most vulnerable individuals.
Ultimately, the Comptroller General study required by my amendment enables Congress to monitor the progress of H.R. 4176 in action.
It is with that in mind that I urge my colleagues to step forward in support of the LGBTQI+ Data Inclusion Act and my amendment.
Our lesbian, gay, bisexual, transgender, queer, and intersex communities deserve to be documented in our Nation's history. They deserve to have their stories collected and used for their well-being. I am honored to be a part of that aim today.
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Mr. COMER. Madam Speaker, I rise in opposition to the amendment offered by Congresswoman Jackson Lee.
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Mr. COMER. Madam Speaker, the amendment admits that the ultimate purpose of this bill is to steer taxpayers' hard-earned dollars to yet another demographic subgroup.
The amendment requires GAO to report on how the bill will impact Federal agency provision of services to individuals--in other words, how Federal grant programs and financial assistance will be provided based on people's sexual orientation and gender identity.
House Republicans believe that all Americans deserve equal treatment and respect. In fact, that is guaranteed under our Constitution. We oppose the continual dividing of Americans for political purposes. This amendment is pure identity politics and an abuse of taxpayer dollars.
Ms. JACKSON LEE. Madam Speaker, I yield 1 minute to the gentlewoman from New York (Mrs. Carolyn B. Maloney), the distinguished chairwoman of the full committee.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I rise in support of the Jackson Lee amendment.
This amendment would require reporting to Congress on the impact of data collection on the LGBTQI+ populations, facilitated by this act, and the provision of services extended to those groups.
As the chair of the Committee on Oversight and Reform, I am committed to ensuring the effectiveness and efficiency of government operations for all Americans. Reporting on the impacts of H.R. 4176 will provide transparency into the data collection and help inform our policymaking efforts.
Madam Speaker, I urge my colleagues to support this amendment.
Ms. JACKSON LEE. Madam Speaker, may I inquire how much time remains on each side.
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Mr. COMER. Madam Speaker, I yield back the balance of my time.
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Mr. COMER. Madam Speaker, on that I demand the yeas and nays.
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Mr. COMER. Madam Speaker, I rise in opposition to the amendment.
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Mr. COMER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, this amendment stoops to the lowest level possible--in fact, 6 feet under.
It is bad enough that under H.R. 4176, House Democrats seek to subject living people, including children, to intrusive and inappropriate questions related to their private sexual orientation and gender identity. It is especially troublesome that House Democrats would allow proxies to answer such sensitive questions on behalf of others, as this bill allows. But shockingly, this amendment expands that authority to allow proxies to answer survey or Census questions about sexual orientation and gender identity on behalf of dead Americans.
If someone claims to be a ``knowledgeable proxy,'' this amendment permits that individual to answer a Federal survey on behalf of a deceased person who can no longer answer for himself or herself.
With this amendment, someone who has guarded their personal privacy their entire life will have to worry that sensitive aspects of their personal life will be shared with the Federal Government after they die or worry that it could even be made up. How is collecting this information even useful at all?
It is hard to imagine making the underlying bill much worse, but this amendment succeeds with flying colors.
I urge my colleagues to reject this amendment and vote to protect Americans' ability to simply rest in peace.
Madam Speaker, I yield back the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I urge support of this amendment, and I yield back the balance of my time.
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Mr. COMER. Madam Speaker, on that I demand the yeas and nays.
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Mr. COMER. Madam Speaker, I rise in opposition to the amendment.
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Mr. COMER. Madam Speaker, I rise in opposition to the amendment which ironically highlights the underlying bill's serious intrusion into Americans' privacy.
When the government collects very personal and sensitive information, as H.R. 4176 seeks to recklessly expand, Americans' data regrettably becomes the target of malicious actors.
Too often, we see this story play out in our government, the over- collection of Americans' private information being hacked or improperly disclosed.
From the leaking of Americans' tax records to the breach of Federal employees' entire background investigation files, the Federal government does not have a very good track record of securing private data. Yet, this amendment allows government agencies to place Americans' most private data at risk for up to 3 entire years.
Republicans will not stand for subjecting Americans' most private information to cyber hackers and other wrongdoers, information that should not even be collected in the first place.
Madam Speaker, I urge my colleagues to vote against this amendment, and I yield back the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I urge support of this amendment, and I yield back the balance of my time.
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