[Congressional Record Volume 168, Number 106 (Wednesday, June 22, 2022)]
[House]
[Pages H5745-H5750]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1215
 PROVIDING FOR CONSIDERATION OF H.R. 4176, LGBTQI+ DATA INCLUSION ACT; 
 PROVIDING FOR CONSIDERATION OF H.R. 5585, ADVANCED RESEARCH PROJECTS 
AGENCY-HEALTH ACT; PROVIDING FOR CONSIDERATION OF H.R. 7666, RESTORING 
   HOPE FOR MENTAL HEALTH AND WELL-BEING ACT OF 2022; AND FOR OTHER 
                                PURPOSES

  Ms. ROSS. Madam Speaker, by direction of the Committee on Rules, I 
call up House Resolution H. Res. 1191 and ask for its immediate 
consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 1191

       Resolved, That upon adoption of this resolution it shall be 
     in order to consider in the House the bill (H.R. 4176) to 
     improve Federal population surveys by requiring the 
     collection of voluntary, self-disclosed information on sexual 
     orientation and gender identity in certain surveys, and for 
     other purposes. All points of order against consideration of 
     the bill are waived. In lieu of the amendment in the nature 
     of a substitute recommended by the Committee on Oversight and 
     Reform now printed in the bill, an amendment in the nature of 
     a substitute consisting of the text of Rules Committee Print 
     117-52, modified by the amendment printed in part A of the 
     report of the Committee on Rules accompanying this 
     resolution, shall be considered as adopted. The bill, as 
     amended, shall be considered as read. All points of order 
     against provisions in the bill, as amended, are waived. The 
     previous question shall be considered as ordered on the bill, 
     as amended, and on any further amendment thereto, to final 
     passage without intervening motion except: (1) one hour of 
     debate equally divided and controlled by the chair and 
     ranking minority member of the Committee on Oversight and 
     Reform or their respective designees; (2) the further 
     amendments described in section 2 of this resolution; and (3) 
     one motion to recommit.
       Sec. 2.  After debate pursuant to the first section of this 
     resolution, each further amendment printed in part B of the 
     report of the Committee on Rules shall be considered only in 
     the order printed in the report, may be offered only by a 
     Member designated in the report, shall be considered as read, 
     shall be debatable for the time specified in the report 
     equally divided and controlled by the proponent and an 
     opponent, may be withdrawn by the proponent at any time 
     before the question is put thereon, shall not be subject to 
     amendment, and shall not be subject to a demand for division 
     of the question. All points of order against the further 
     amendments printed in part B of the report of the Committee 
     on Rules are waived.
       Sec. 3.  Upon adoption of this resolution it shall be in 
     order to consider in the House the bill (H.R. 5585) to 
     establish the Advanced Research Projects Agency-Health, and 
     for other purposes. All points of order against consideration 
     of the bill are waived. The amendment in the nature of a 
     substitute recommended by the Committee on Energy and 
     Commerce now printed in the bill shall be considered as 
     adopted. The bill, as amended, shall be considered as read. 
     All points of order against provisions in the bill, as 
     amended, are waived. The previous question shall be 
     considered as ordered on the bill, as amended, and on any 
     amendment thereto, to final passage without intervening 
     motion except: (1) one hour of debate equally divided and 
     controlled by the chair and ranking minority member of the 
     Committee on Energy and Commerce or their respective 
     designees; (2) the further amendment printed in part C of the 
     report of the Committee on Rules accompanying this 
     resolution, if offered by the Member designated in the 
     report, which shall be in order without intervention of any 
     point of order, shall be considered as read, shall be 
     separately debatable for the time specified in the report 
     equally divided and controlled by the proponent and an 
     opponent, and shall not be subject to a demand for division 
     of the question; and (3) one motion to recommit.
       Sec. 4.  Upon adoption of this resolution it shall be in 
     order to consider in the House the bill (H.R. 7666) to amend 
     the Public Health

[[Page H5746]]

     Service Act to reauthorize certain programs relating to 
     mental health and substance use disorders, and for other 
     purposes. All points of order against consideration of the 
     bill are waived. In lieu of the amendment in the nature of a 
     substitute recommended by the Committee on Energy and 
     Commerce now printed in the bill, an amendment in the nature 
     of a substitute consisting of the text of Rules Committee 
     Print 117-51, modified by the amendment printed in part D of 
     the report of the Committee on Rules accompanying this 
     resolution, shall be considered as adopted. The bill, as 
     amended, shall be considered as read. All points of order 
     against provisions in the bill, as amended, are waived. The 
     previous question shall be considered as ordered on the bill, 
     as amended, and on any further amendment thereto, to final 
     passage without intervening motion except: (1) one hour of 
     debate equally divided and controlled by the chair and 
     ranking minority member of the Committee on Energy and 
     Commerce or their respective designees; (2) the further 
     amendments described in section 5 of this resolution; (3) the 
     amendments en bloc described in section 6 of this resolution; 
     and (4) one motion to recommit.
       Sec. 5.  After debate pursuant to section 4 of this 
     resolution, each further amendment printed in part E of the 
     report of the Committee on Rules not earlier considered as 
     part of amendments en bloc pursuant to section 6 of this 
     resolution shall be considered only in the order printed in 
     the report, may be offered only by a Member designated in the 
     report, shall be considered as read, shall be debatable for 
     the time specified in the report equally divided and 
     controlled by the proponent and an opponent, may be withdrawn 
     by the proponent at any time before the question is put 
     thereon, shall not be subject to amendment, and shall not be 
     subject to a demand for division of the question.
       Sec. 6.  It shall be in order at any time after debate 
     pursuant to section 4 of this resolution for the chair of the 
     Committee on Energy and Commerce or his designee to offer 
     amendments en bloc consisting of further amendments printed 
     in part E of the report of the Committee on Rules 
     accompanying this resolution not earlier disposed of. 
     Amendments en bloc offered pursuant to this section shall be 
     considered as read, shall be debatable for 20 minutes equally 
     divided and controlled by the chair and ranking minority 
     member of the Committee on Energy and Commerce or their 
     respective designees, shall not be subject to amendment, and 
     shall not be subject to a demand for division of the 
     question.
       Sec. 7.  All points of order against the further amendments 
     printed in part E of the report of the Committee on Rules or 
     amendments en bloc described in section 6 of this resolution 
     are waived.
       Sec. 8.  House Resolution 188, agreed to March 8, 2021 (as 
     most recently amended by House Resolution 1170, agreed to 
     June 14, 2022), is amended by striking ``June 22, 2022'' each 
     place it appears and inserting (in each instance) ``July 13, 
     2022''.
       Sec. 9.  Notwithstanding clause 8 of rule XX, further 
     proceedings on a vote by the yeas and nays on the question of 
     adoption of a motion that the House suspend the rules offered 
     on the legislative day of June 21, 2022, June 22, 2022, June 
     23, 2022, or June 24, 2022, may be postponed through the 
     legislative day of July 15, 2022.

  The SPEAKER pro tempore (Ms. Kuster). The gentlewoman from North 
Carolina is recognized for 1 hour.
  Ms. ROSS. Madam Speaker, for the purpose of debate only, I yield the 
customary 30 minutes to the gentleman from Texas (Mr. Burgess), pending 
which I yield myself such time as I may consume. During consideration 
of this resolution, all time yielded is for the purpose of debate only.


                             General Leave

  Ms. ROSS. Madam Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from North Carolina?
  There was no objection.
  Ms. ROSS. Madam Speaker, yesterday, the Rules Committee met and 
reported a rule, House Resolution 1191, for three measures.
  First, it provides for consideration of H.R. 4176 under a structured 
rule. The rule self-executes a manager's amendment, provides 1 hour of 
general debate equally divided and controlled by the chair and ranking 
member of the Committee on Oversight and Reform, makes in order three 
amendments, and provides a motion to recommit.
  Second, the rule provides for consideration of H.R. 5585 under a 
structured rule. The rule provides for 1 hour of general debate equally 
divided and controlled by the chair and ranking member of the Committee 
on Energy and Commerce, makes in order one amendment, and provides a 
motion to recommit.
  Third, the rule provides for consideration of H.R. 7666 under a 
structured rule. The rule self-executes a manager's amendment, provides 
1 hour of general debate equally controlled by the chair and ranking 
member of the Committee on Energy and Commerce, makes in order 17 
amendments, and provides en bloc authority and a motion to recommit.
  Finally, the rule extends recess instructions, suspension authority, 
and same-day authority through July 13, and any requested roll call 
votes on suspension bills considered from June 21 to June 24 may be 
postponed through July 15.
  Madam Speaker, I stand in support of the three bills in this rule: 
H.R. 7666, the Restoring Hope for Mental Health and Well-Being Act; 
H.R. 5585, the Advanced Research Projects Agency-Health Act; and H.R. 
4176, the LGBTQI+ Data Inclusion Act.
  I want to start by thanking Energy and Commerce Committee Chairman 
Pallone and Ranking Member McMorris Rodgers for their work crafting a 
bipartisan package to tackle the growing mental health crisis in our 
country.
  During the COVID-19 pandemic, we have seen a dramatic rise in global 
mental health illness associated with anxiety, depression, and 
collective grief.
  In my State, almost 45 percent of North Carolinians reported symptoms 
of anxiety or depression in February 2021, with more than 22 percent 
unable to get necessary care, largely because of prohibitive costs.
  Almost 130,000 children ages 12 through 17 in North Carolina suffer 
from adolescent depression. Multiply that nationwide. More than half of 
the children in North Carolina did not receive any care in the past 
year. Once they reach high school, these children are twice as likely 
to drop out of school as their peers.
  These statistics tell just part of the story of families disrupted, 
education delayed, and the barriers facing Americans striving to 
achieve their full potential and well-being.
  Congress has a duty to address this crisis with the same urgency with 
which we passed COVID-19 legislation.
  Today, we are doing just that with H.R. 7666, the Restoring Hope for 
Mental Health and Well-Being Act, which will provide improved access to 
healthcare for mental illnesses and substance abuse disorders.
  This legislation boosts compliance with mental health parity laws, 
supports mental health care through telehealth, and reauthorizes key 
programs that fund mental health services, all deeply needed by our 
people.
  This rule also includes H.R. 5585, the Advanced Research Projects 
Agency-Health Act, ARPA-H.
  For decades, the United States has been the leader in biomedical 
research around the world. However, our country has recently shown 
signs of slowing in this sector.
  Promising research opportunities are put on hold due to high cost, 
complex coordination, long wait periods, and many other factors.
  My State of North Carolina became the first State in the country to 
have a State-supported entity dedicated to promoting growth of the life 
sciences industry after the creation of the North Carolina 
Biotechnology Center in 1984.
  In my district of Wake County, the Research Triangle Park stands as 
the largest research park in North America. ARPA-H will have profound 
influences in North Carolina's economy and the national economy and 
stimulate the development of breakthroughs in health research that will 
benefit millions of Americans.
  H.R. 5585 will authorize $500 million each year for the next 5 years 
to support ARPA-H and fund groundbreaking research and development to 
continue saving American lives.
  Finally, this rule includes H.R. 4176, the LGBTQI+ Data Inclusion 
Act. Most legislators agree that good policy should be evidence-based. 
Our Government collects demographic data to ensure we can identify 
whether certain groups of Americans are facing obstacles to the equal 
opportunities they need to thrive. However, Federal agencies are not 
currently required to collect demographic data on sexual orientation 
and gender identity. We need this data to know how to address issues 
faced by the LGBTQI+ people and combat discrimination.

                              {time}  1230

  In 2019, UCLA found that nearly one in four LGBTQ adults in the 
South, including in my State of North Carolina,

[[Page H5747]]

live in poverty, a rate higher than the overall poverty rate in the 
United States.
  LGBTQI+ youth, in particular, face high levels of homelessness and 
are at greater risk of depression and suicidal thoughts than their 
peers. With good data, we can implement good programs aimed at 
eliminating these disparities and help members of this community reach 
their full potential.
  As Cathy Renna of the National LGBTQ Task Force says, ``If we don't 
get counted, we don't count.'' This community is asking to be counted. 
Our Nation has already gone through the poor policy of Don't Ask, Don't 
Tell. We now have a responsibility to reverse the effects of this 
policy to help members of the LGBTQI+ community live as their authentic 
selves.
  We can do that by allowing individuals to voluntarily disclose their 
sexual orientation and gender identities. In other words, by asking and 
letting them decide to tell.
  Madam Speaker, I urge support for the rule and the three bills it 
contains, and I reserve the balance of my time.
  Mr. BURGESS. Madam Speaker, I thank the gentlewoman from North 
Carolina for yielding me the customary 30 minutes, and I yield myself 
such time as I may consume.
  Madam Speaker, today's rule provides for consideration of three 
bills: H.R. 7666, the Restoring Hope for Mental Health and Well-Being 
Act; H.R. 5585, the Advanced Research Projects Agency-Health Act; and 
H.R. 4176, the LGBTQI+ Data Inclusion Act.
  Two of these bills represent the progress that can be achieved when 
we work together on legislation that is important to the American 
people. It underscores what can happen when we work together, 
regardless of party ideology. I do recognize the hard work that the 
members of the Committee on Energy and Commerce put into the Restoring 
Hope for Mental Health and Well-Being Act of 2022.
  This package is the first major effort put forth to address our 
Nation's mental health crisis since the lockdowns began for 
coronavirus. Following COVID-19 and the pandemic, we have seen a 
tremendous increase in the youth mental health conditions, suicides, 
and overdose deaths exacerbating the mental health crisis we already 
faced prior to the pandemic.
  This bill maintains the flexibility for States to make funding 
decisions that best addresses the needs of their communities. The 
spending in this bill--and this is important--the spending in this bill 
is fully offset and targets funding toward the treatment of serious 
mental health conditions instead of generalized wellness programs that 
may not have an impact.
  Included in this package is the Into the Light for Maternal Mental 
Health and Substance Use Disorders Act of 2022. That is actually a bill 
that I introduced with Representatives Yvette Clarke, Jaime Herrera 
Beutler, Young Kim, and Doris Matsui. Our bill authorizes and funds 
existing programs to help those impacted by maternal mental health 
conditions. Substance use disorders and mental health conditions are 
among the top leading causes of death for women who are pregnant and 
recently pregnant.
  When I was a resident at Parkland Hospital in the 1970s, the top 
three causes of maternal mortality: hemorrhage, preeclampsia, or 
hypertension. Now, the preeminent causes are suicide and drug 
overdose--entirely preventable causes of maternal mortality. This bill 
will help us address that. So I am very encouraged to see that move 
across the finish line.
  I also supported an amendment by Representative Drew Ferguson to 
include the Behavioral Health Interventions Guidelines Act--he likes to 
call it the BIG Act. Representative Ferguson and I actually introduced 
that as a standalone bill, but this amendment was made in order during 
the Committee on Rules yesterday.
  The BIG Act passed the House last year with broad support. It 
requires the Substance Abuse and Mental Health Services Administration 
to develop best practices for schools to establish behavioral health 
intervention teams.
  I heard from one of my colleges in Texas, Texas Tech University out 
in Lubbock. Texas Tech University Health Sciences Center brought to me 
their successful program to provide training for behavioral health 
intervention and schools in West Texas.
  You know, sometimes in school, it is no secret who the kid is that is 
getting into trouble, the kid who is actually self-identified. And this 
is a way to provide the guidelines for that behavioral intervention 
that can be life-changing and lifesaving.
  By establishing these behavioral intervention teams, the BIG Act 
helps to encourage prevention measures and interventions before youth 
mental conditions worsen or become even more serious. Unfortunately, we 
continue to see the consequences of not addressing mental health 
issues.
  This rule also contains H.R. 5585, the Advanced Research Project 
Agency-Health Act, or ARPA-H. ARPA-H is modeled after the Defense 
Advanced Research Projects Agency, DARPA, and the Advanced Research 
Projects Agency in Energy.
  The goal is to bring a greater focus on the research and development 
of our greatest healthcare challenges in areas where the private 
biopharmaceutical companies are unlikely to explore for scientific or 
business reasons.
  ARPA-H was initially authorized in fiscal year 2022 in the omnibus 
budget and placed within the National Institutes of Health. But placing 
ARPA-H within another department of the Department of Health and Human 
Services risks its independence, and its independence is its entire 
reason for being. Without its independence, I don't know that ARPA-H 
would have the ability to foster innovation. But this bill secures 
ARPA-H as an agency independent of the influence of the rest of the 
executive branch. And that is important.
  With significant Republican input, we ensure that this legislation 
also is fiscally responsible. We also make certain that the goal and 
mission of this agency is focused on research and development and 
provides accountability for this new research agency when submitting 
feedback from projects supported by the agency, as well as prohibiting 
the Federal funding to China and to Russia.

  The bipartisan manager's amendment also ensures that the number of 
offices is cut from 14 to 6--what I call bureaucratic streamlining--and 
at least two of those six offices are actually dedicated to research 
and development and the administrative costs of the agency--and this is 
extremely important--the administrative costs are capped at 15 percent.
  ARPA-H will provide the ability to focus on high-risk transformative 
technologies to improve healthcare and healthcare outcomes for all 
Americans.
  The final bill that we are considering today requires federally 
administered surveys to collect information on sexual orientation and 
gender identity. The list of surveys affected by this bill is over 130 
and it does include the every-10-year Census.
  The information requested by this bill is deeply personal and 
involves a person's internal state of being. I have to point out that 
the Federal Government does not have a good track record of protecting 
Americans' private information, as evidenced by data breaches over the 
last several years.
  The final concern with this bill is it is asking about very personal 
information without a clear statutory or regulatory need, but still we 
are prohibited from asking a person's citizenship status. I don't think 
I need to say any more about that.
  Madam Speaker, I urge opposition to the rule, and I reserve the 
balance of my time.
  Ms. ROSS. Madam Speaker, I include in the Record a June 11, 2021, CNN 
Business article entitled ``LGBTQ+ Americans aren't fully counted by 
the government. That's a big problem.''

                  [From CNN Business, June, 11, 2021]

 LGBTQ+ Americans Aren't Fully Counted by the Government. That's a Big 
                                Problem

                 (By Anneken Tappe and Alicia Wallace)

       Government data help policymakers find and fix problems for 
     people in need. But that's tricky if some groups aren't 
     represented in the stats.
       This is the case for the LGBTQ+ community, and it's a huge 
     problem. Here's an example: The government's monthly jobs 
     report shows how many men and women, Black, White, Asian and 
     Hispanic workers are unemployed. The stats lay bare a lot of 
     inequities, but there are no comparable federal data on 
     LGBTQ+ workers.
       ``We are invisible in federal statistics, when it comes to 
     some policymakers,'' said

[[Page H5748]]

     Justin Nelson, co-founder and president of the National LGBT 
     Chamber of Commerce (NGLCC).
       Put more bluntly: ``If we don't get counted, we don't 
     count,'' said Cathy Renna, communications director at the 
     National LGBTQ Task Force.
       Official stats, including the Census, are used to decide 
     how federal funds are distributed--to the tune of $1.5 
     trillion. But data gaps in the jobs reports, health surveys 
     and the decennial Census affect millions of people: 5.6 
     percent of US adults identify as lesbian, gay, bisexual or 
     transgender, according to a Gallup survey published in 
     February.
       Official data are needed ``to ensure that LGBT people are 
     included in efforts to reduce unemployment through increased 
     labor force participation, as well as to monitor compliance 
     with anti-discrimination provisions,'' researchers at the 
     UCLA School of Law's Williams Institute wrote earlier this 
     year in support of adding LGBTQ+ questions to the Current 
     Population Survey, which helps create the jobs report.
       Recent research has found higher rates of poverty, 
     unemployment, health disparities, and workplace 
     discrimination among LGBTQ+ adults, according to the Williams 
     Institute. The negative outcomes were even greater among 
     transgender individuals and LGBTQ+ people of color.
       Examples of how data can change outcomes for the LGBTQ+ 
     community include the establishment of the Massachusetts 
     Commission on LGBTQ youth, school training services and 
     ongoing research after former Governor William Weld sought to 
     respond to an increase in LGBTQ+ youth suicides; the 
     improvement of individuals' medical care following research 
     asking patients about their sexual orientation and gender 
     identity; and the creation of equity programs within the Los 
     Angeles County Department of Children and Family Services 
     following a study that showed LGBTQ+ youth were 
     overrepresented in the youth foster system and experienced 
     harsher treatment.
       Although independent research from the Williams Institute 
     and established pollsters such Gallup have provided some data 
     about the community, that research just doesn't carry the 
     same weight as government stats in leading to funding of 
     direct services and addressing the needs of people in the 
     queer community, Renna said.
       Across government agencies, academics and the LGTBQ+ 
     community itself, people have expressed a desire to better 
     understand the needs of that population. The government is 
     doing research to figure out how to best ask about sexual 
     orientation and gender identity.
       But the business of big, robust data sets is complicated.
       Government statistics are pretty sophisticated and the 
     methodology behind surveys goes through a lot of prodding. 
     But when it comes to the LGBTQ+ community, government 
     institutions haven't done enough research yet to make broader 
     improvements to the data.
       The worry is that reporting errors on questions surrounding 
     sexual orientation and gender identity may lead to much 
     bigger errors in the eventual data.
       ``Questions for relatively small populations must be 
     formulated especially carefully; if they are not, even 
     relatively small sampling or reporting errors can lead to 
     large errors in estimates,'' the US Bureau of Labor 
     Statistics told CNN Business in an email.
       The questions the Census Bureau asks also have to go 
     through an established process to review wording and 
     effectiveness. Ultimately the Office of Management and Budget 
     approves any new questions.
       When the government surveys households, for example to 
     learn about America's employment situation, one person 
     answers questions for other members of their household. That 
     can make it harder to get accurate data on members of the 
     LGBTQ+ community, especially if a person hasn't come out to 
     their family, or if the survey respondent is uncomfortable 
     talking about another household member's sexual orientation 
     or gender identity.
       ``Not everyone's out,'' Renna added. ``Some of us live in 
     places where you can be fired if you come out.''
       The NGLCC, which leans heavily on community-driven surveys 
     and private sector research, has yet to meet with the Census 
     and BLS on inclusive data-gathering efforts, Nelson said. But 
     he said he is optimistic about the Biden-Harris 
     Administration's efforts to broaden the scope of its data 
     collection.
       President Joe Biden last week, in officially recognizing 
     June as Pride Month, urged Congress to pass the Equality Act 
     to ensure civil rights protections for members of the LGBTQ+ 
     community and their families.
       ``We are a strong part of the economic fabric . . . not 
     just in Pride Month,'' Nelson said. ``We need to get 
     inclusive on data collection immediately, because the sooner 
     we can normalize that data collection, the less opportunity 
     there is for erasing it.''
       The people behind government surveys are doing research to 
     move toward a world in which official data are more 
     inclusive.
       Figuring out how to best ask about things as personal as 
     sexual orientation and gender identity is at the forefront of 
     that research. The willingness and ability to answer 
     questions about sexual orientation and gender of other people 
     is just as critical, the Census Bureau told CNN Business.
       The last BLS research paper on the topic is from 2017. 
     While it's feasible for the government to ask these 
     questions, the paper recommends more in-depth analysis.
       ``The reality is that it's very chicken and egg,'' Renna 
     said. ``If you don't have the data, you can't understand the 
     community. If you don't ask the community questions, you 
     don't have the data.''
       Some government surveys already collect information on 
     gender identity and sexual orientation, including the 
     National Health Interview Survey, the National Crime 
     Victimization Survey and the National Survey of Children's 
     Health.
       Last year, the 2020 Census made history by including same-
     sex marriage and same-sex unmarried partners as options on 
     its survey. The Bureau of Labor Statistics--which uses 
     surveys to compile the government's monthly jobs report--
     began including same-sex married couples in its tally of 
     married workers in January last year.
       Considering that only 20 percent LGBTQ+ people live in 
     same-sex married households, these surveys leave out the vast 
     majority of the community, said Kerith Conran, the Blachford-
     Cooper research director and distinguished scholar at the 
     Williams Institute.
       And there is a greater dearth of data especially when it 
     comes to LGBTQ+ youth, transgender people and gender 
     identity, she added.
       Earlier this year, Conran and her colleagues highlighted 
     those and other inequities in a public comment urging the US 
     Census Bureau and BLS to add sexual orientation, gender 
     identity and sex assigned at birth questions to the Current 
     Population Survey.
       ``There are ongoing health and economic inequities that 
     aren't going to go away unless people start paying attention 
     to them,'' she said in an interview with CNN Business.
       Data on sexual orientation and gender identity aren't 
     collected consistently across states--for example, only 30 
     states included the SOGI module in a US Centers for Disease 
     Control-backed behavioral risk survey in 2019. This creates 
     big gaps in the data, particularly in regions such as the 
     South and Midwest, Conran added.
       ``Those are the places where non-discrimination protections 
     and social acceptance are also lacking,'' she said. ``In the 
     places where people probably have worse conditions, [there 
     are] less data available to see what's going on for people.''
  Ms. ROSS. Madam Speaker, we rely on all kinds of data to inform our 
policymaking.
  Right now, LGBTQI+ Americans aren't represented in Federal 
statistics, like for unemployment, poverty, health, and discrimination.
  This gap severely impacts our ability to make smart decisions that 
may affect their community, let alone decisions that will help those in 
their community. It is imperative that we begin to let these 
individuals count in our Federal data system just as we do race, 
ethnicity, gender, and age.
  Madam Speaker, I reserve the balance of my time.
  Mr. BURGESS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, if we defeat the previous question, Republicans will 
immediately amend the rule to consider H.R. 471, the PAUSE Act, 
introduced by Representative Yvette Herrell. This bill would prohibit 
President Biden from rescinding title 42 authority, the public health 
order that allows for undocumented migrants to be immediately expelled.
  This bill would provide for the stringent enforcement of title 42 and 
prohibit the Departments of Homeland Security and Health and Human 
Services from weakening its implementation.
  Madam Speaker, I ask unanimous consent to insert the text of this 
amendment into the Record along with extraneous material immediately 
prior to the vote on the previous question.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. BURGESS. Madam Speaker, here to explain the amendment is our 
newest Member of the United States House of Representatives, newest 
member of the Republican Conference, newest member of the Texas 
delegation, Mayra Flores, sworn in last night on June 21, after winning 
the special election in the 34th District in the State of Texas. Our 
colleague Filemon Vega had vacated that seat.
  Important to note here, she is the first Mexican-born woman elected 
to Congress--the first. Her husband is a Customs and Border Protection 
officer, giving her a firsthand understanding of the crisis on our 
southern border. She began her working life in the cotton fields near 
Memphis, Texas, and is now representing a Texas community in Congress.
  Madam Speaker, I yield 5 minutes to the gentlewoman from Texas, (Mrs.

[[Page H5749]]

Flores), our newest Member, to explain her amendment.
  Mr. FLORES. Madam Speaker, I thank the gentleman for yielding.
  Madam Speaker, I rise to oppose the previous question so that we can 
immediately consider H.R. 471, Representative Yvette Herrell's bill, to 
enforce title 42 at the border.
  As a Mexican-born legal immigrant, Border Patrol wife, and a mother, 
I know firsthand how out of control our border crisis is. Our south 
Texas communities are hurting because of this crisis, and our people 
feel totally ignored by our government. Dangerous drugs are pouring 
across the border. Eighty percent of the fentanyl killing Americans 
comes into our country at the southern border.
  Human traffickers are taking advantage of our open border to conduct 
their evil and heartbreaking trade. Criminal organizations are in total 
control of our southern border.
  Last month alone, 240,000 illegal immigrants were encountered 
entering our country, a new record. And those are just the people who 
were caught. The true number is undoubtedly far higher. And in 2022 so 
far, 50 people on the FBI's terror watch list have been arrested by the 
Border Patrol. That is higher than the previous 5 years combined.
  Title 42 is one of the only things keeping the crisis at the border 
from getting even worse, allowing Border Patrol the flexibility to 
expel some illegal immigrants quickly. And yet, for some inexplicable 
reason, President Biden and the Democrats want to end title 42 for 
good. Doing this would put out an even larger welcome sign to drug, 
sex, and human traffickers. It would send the signal across the world 
that America's border is open, and that the administration has no 
intention of upholding the rule of law.

                              {time}  1245

  As a Border Patrol wife, I also know that the morale of our agents is 
already low. Eliminating title 42 would discourage those brave men and 
women even further as they struggle to contain the never-ending surge 
of illegal immigration that the Biden administration is trying to make 
even worse.
  I came to this country legally, as did so many in south Texas, for 
the chance to live the American Dream. My legal immigration experience 
as a child was incredible. That legal process is how it should be done, 
and I want more children to have that same positive experience. My 
experience should not be rare.
  We need to focus on legal immigration and how to make the process 
faster and affordable for those good people who want to come to this 
amazing country. Yet, today, we have a Federal Government that 
encourages illegal immigration, knowing the dangers that they will have 
to go through.
  Not only does this put our country at risk, but it also puts 
thousands of women and children in harm's way as they make this 
dangerous journey and face the possibility of horrendous abuse.
  My heart breaks every time Border Patrol agents tell me about the 
human tragedies they see unfolding before our eyes. Yet, the Biden 
administration seems determined to make things worse.
  Madam Speaker, I urge my new colleagues on both sides of the aisle to 
stand with our border communities and support Representative Herrell's 
critical bill to preserve title 42. The humanitarian crisis at our 
border demands we do nothing less.
  I believe that securing our border shouldn't be political. It is the 
right thing to do.
  Ms. ROSS. Madam Speaker, a group of 156 organizations committed to 
advancing equality and opportunity for the LGBTQI+ community, including 
the YWCA, wrote to Congress in support of H.R. 4176.
  They said in their letter: ``Collecting this information in federally 
supported surveys, such as the Current Population Survey and the 
National Health Interview Survey, is essential to improving the well-
being of LGBTQI+ populations across key areas of life. For example, 
although data are limited, research indicates that LGBTQI+ communities 
experience disparities across multiple domains of life compared to non-
LGBTQI+ populations.''
  This inclusive data ``is a crucial tool to better identify and 
address these disparities and to promote more equitable outcomes and 
opportunities for LGBTQI+ communities.''
  Madam Speaker, I include in the Record the letter signed by the 156 
organizations.
                                                    June 14, 2022.
     Hon. Carolyn Maloney,
     House Committee on Oversight and Government Reform,
     Washington, DC.
     Hon. Raul Grijalva,
     House of Representatives,
     Washington, DC.
       Dear Chairwoman Maloney and Congressman Grijalva: As a 
     group of 156 organizations committed to advancing equality 
     and opportunity for lesbian, gay, bisexual, transgender, 
     queer, intersex, and other sexual and gender diverse 
     (LGBTQI+) people in the United States, we are writing to 
     voice our enthusiastic support for the amendment in the 
     nature of a substitute and passage of the LGBTQI+ Data 
     Inclusion Act (H.R. 4176).
       The LGBTQ Data Inclusion Act, as introduced, would 
     facilitate the collection of voluntary, self-disclosed 
     demographic data on sexual orientation and gender identity 
     across federal surveys. The amendment in the nature of a 
     substitute would add variations in sex characteristics (also 
     known as intersex traits) to the data voluntarily collected, 
     and would accordingly change the bill title to the LGBTQI+ 
     Data Inclusion Act. Collecting this information in federally 
     supported surveys (such as the Current Population Survey and 
     National Health Interview Survey) is essential to improving 
     the well-being of LGBTQI+ populations across key areas of 
     life. For example, although data are limited, research 
     indicates that LGBTQI+ communities experience disparities 
     across multiple domains of life compared to non-LGBTQI+ 
     populations. This includes evidence of higher rates of 
     poverty, unemployment, and economic instability experiences 
     of homelessness and housing insecurity; worse mental and 
     physical health outcomes; heightened barriers to access 
     adequate health care, and widespread experiences of 
     discrimination. Due to the intersecting forces of racism, 
     xenophobia, ableism, ageism, and transphobia, for LGBTQI+ 
     communities of color, LGBTQI+ people with disabilities, 
     LGBTQI+ older adults, and transgender people, these 
     disparities are often even more pronounced. LGBTQI+-inclusive 
     data collection is a critical tool to better identify and 
     address these disparities and to promote more equitable 
     outcomes and opportunities for LGBTQI+ communities.
       Currently, most surveys fielded by the federal government 
     not collect data on sexual orientation, gender identity, or 
     variations in sex characteristics. For example, although some 
     surveys, such as the decennial census and American Community 
     Survey, ask questions that allow for the identification of 
     cohabitating same-sex couples, it is estimated that only 1 in 
     6 LGBTQ individuals are captured by those kinds of questions. 
     Although progress has been made in recent years, the overall 
     lack of routine data collection on sexual orientation, gender 
     identity, and variations in sex characteristics poses a 
     significant obstacle for policymakers, researchers, service 
     providers, and advocates dedicated to improving the wellbeing 
     of LGBTQI+ communities, especially those living at the 
     intersection of multiple marginalized identities.
       The federal government collects survey data on a wide range 
     of subjects and populations and is uniquely positioned to 
     engage in LGBTQI+-inclusive data collection to generate 
     accurate, consistent, and representative data at a scale that 
     allows for the disaggregation necessary to describe the 
     diversity of LGBTQI+ communities. As demonstrated in the 
     recent consensus report by the National Academies, questions 
     about sexual orientation, gender identity, and variations in 
     sex characteristics can and should be added to federally 
     supported surveys. By doing so, federal agencies can take 
     meaningful steps to fulfill the Biden-Harris administration's 
     priorities to promote equity for LGBTQI+ and other 
     underserved communities through various actions, including 
     but not limited to expanding data collection efforts.
       Passage of this bill is essential to better understand the 
     experiences of LGBTQI+ communities, generate policy solutions 
     that are inclusive of LGBTQI+ people and their needs, and to 
     evaluate the effectiveness of those policies to reduce 
     disparities and advance equity. Again, we strongly support 
     the amendment in the nature of a substitute for the LGBTQI+ 
     Data Inclusion Act (H.R. 4176) and urge Congress to quickly 
     take up and adopt this important proposal.
       Thank you for your consideration. Please do not hesitate to 
     contact Caroline Medina and Madeline Shepherd with any 
     questions.
           Signed in partnership,
       1Hood Power, A Better Balance, Ace and Aro Alliance of 
     Central Ohio, Advocates for Youth, AGE of Central Texas, AIDS 
     Action Baltimore, AIDS Alabama South, AIDS Foundation 
     Chicago, allgo, American Academy of HIV Medicine, American 
     Psychological Association, American Public Health 
     Association, American Trans Resource Hub, Amida Care, APLA 
     Health, Arizona Trans Youth and Parent Organization, Athlete 
     Ally, Atlanta Pride Committee, Austin LGBT Coalition on 
     Aging, Autistic Self Advocacy Network, Believe Out Loud, 
     BiNet USA, Brooklyn Community Pride Center, Inc., Cathedral 
     of Hope United Church of

[[Page H5750]]

     Christ, Center for American Progress, Center for Applied 
     Transgender Studies, Center for Black Equity, Center for 
     Disability Rights, Center for Economic and Policy Research, 
     Center for Law and Social Policy (CLASP).
       Center for Reproductive Rights, CenterLink: The Community 
     of LGBT Centers, Colors+, Compton's Table, Corktown Health, 
     Council for Global Equality, CrescentCare, Damien Center, 
     DBGM, Inc., Dolan Research International, LLC, Elton John 
     AIDS Foundation, Engel O'Neil Advertising & Public Relations, 
     Equality California, Equality Illinois, Equitas Health, Erie 
     County Dems LGBTQIA+ Caucus Erie Gay News, Family Eldercare, 
     Family Equality, Family Values @ Work, Fenway Health, 
     Freedom for All Americans, Gay Elder Circle, Georgia 
     Equality, GLBTQ Legal Advocates and Defenders (GLAD), 
     GLMA: Health Professionals Advancing LGBTQ Equality, 
     GLSEN, GLSEN New Mexico, Health Equity Alliance for LGBTQ+ 
     New Mexicans, HealthHIV, Hetrick-Martin Institute, 
     Hispanic Federation, HIV + Hepatitis Policy Institute, HIV 
     Medicine Association, Howard Brown Health, Hugh Lane 
     Wellness Foundation, Human Rights Campaign, interACT: 
     Advocates for Intersex Youth, Jacobs Institute of Women's 
     Health.
       John Snow, Inc., Justice in Aging, Kachemak bay Family 
     Planning, Lancaster LGBTQ+ Coalition, Lawrence, Lee McAvoy, 
     LMHC, Let's Kick ASS AIDS Survivor Syndrome, LGBTQ Center OC, 
     LGBTQ Community Center of Southern Nevada, LGBTQ Victory 
     Institute, LGBTQ+ & Equity Consulting, LLC, LGBTQ+ Spectrum 
     of Findlay, Los Angeles LGBT Center, Lyon-Martin Community 
     Health Services, MAZON: A Jewish Response to Hunger, 
     Methodist Federation for Social Action, Michigan Organization 
     on Adolescent Sexual Health (MOASH), Minority Veterans of 
     America, Movement Advancement Project, Naper Pride, NASTAD, 
     National Center for Lesbian Rights, National Center for 
     Transgender Equality, National Coalition for LGBTQ Health, 
     National Community Reinvestment Coalition (NCRC), National 
     Family Planning & Reproductive Health Association, National 
     LGBT Cancer Network, National LGBTQ Task Force, National 
     LGBTQ+ Bar Association, National Organization for Women, 
     National Women's Law Center, National Working Positive 
     Coalition.
       New York Transgender Advocacy Group, North Carolina AIDS 
     Action Network, NW PA Pride Alliance, Inc., one-n-ten, Out & 
     Equal Workplace Advocates, one-n-ten, Out To Innovate, Out 
     Youth, OutCenter Southwest Michigan, OutNebraska, Outright 
     Vermont, PFLAG National, PGH Equality Center, Philanthrofund 
     Foundation, Positive Women's Network-USA, PowerOn, a program 
     of LGBT Technology Institute, PrEP4All, Prevention Access 
     Campaign, Pride at Work, Pride Center of New Jersey, Prism 
     United, Project Weber/RENEW, Resource Center, Roots of 
     Change, SAGE, SAGE Metro Detroit, San Diego Pride, SF LGBT 
     Center, SIECUS, Silver State Equality-Nevada, Still Bisexual, 
     The AIDS Institute, The Center on Colfax, Denver, CO, The 
     Leadership Conference on Civil and Human Rights.
       The LGBT Center of Greater Reading, the Montrose Center, 
     The Source LGBT+ Center, The Trevor Project, The Well 
     Project, Thriving Mental Health Counseling NY PLLC, Trans 
     Maryland, Transgender Education Network of Texas (TENT), 
     Transgender Resource Center of New Mexico, Transhealth 
     Northampton, Treatment Action Group, U.S. People Living with 
     HIV Caucus, Umoja Behavioral Health PC, Union for Reform 
     Judaism, University of Nevada Las Vegas, URGE: Unite for 
     Reproductive & Gender Equity, Vivent Health, Waves Ahead 
     Corp, We Are Family, Whitman-Walker Institute, Woodhull 
     Freedom Foundation, YWCA USA.
  Ms. ROSS. Madam Speaker, I ask the gentleman if he is prepared to 
close, and I reserve the balance of my time.
  Mr. BURGESS. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, we have two bills included in this rule that enjoy 
bipartisan support. They have come through regular order in committee. 
They had legislative hearings. They had subcommittee markups. They had 
full committee markups. All Members were able to participate, and all 
Members were able to be heard. This is the way it should be done.
  The Restoring Hope for Mental Health and Well-Being Act will help 
Americans struggling with mental health issues that have been 
exacerbated by the lockdowns of the coronavirus.
  Establishing ARPA-H as an independent agency--so critical--will allow 
for innovative, transformative health technologies and treatments that 
will benefit all Americans.
  Unfortunately, it doesn't stop there. There does not appear to be a 
statutory or regulatory justification for requiring Federal surveys to 
collect information on an individual's gender and sexual identity. If 
we are going to ask about gender identity, we should also be asking 
about citizenship.
  Madam Speaker, I urge a ``no'' vote on the previous question and a 
``no'' vote on the rule. I yield back the balance of my time.
  Ms. ROSS. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, the three bills in this rule have the potential to 
transform the health and opportunities of millions of Americans.
  The Restoring Hope for Mental Health and Well-Being Act reauthorizes 
and establishes 35 critical programs that provide access to mental 
health care and substance use disorder treatment across the country.
  Recognizing the benefits of telehealth during the COVID-19 pandemic, 
this bill promotes behavioral health integration into primary care 
through increased access to telehealth as part of the pediatric mental 
health care access grant program reauthorization.
  The bill also requires self-funded, non-Federal governmental 
healthcare plans to comply with mental health parity laws. Mental 
health care is healthcare, and it is time we treat it as such.
  The Advanced Research Projects Agency-Health Act will jump-start our 
Nation's investment in medical research and innovation. I am privileged 
to represent part of North Carolina's Research Triangle Park and see 
the breakthroughs that happen there. By establishing and funding ARPA-
H, we ensure that research like this will continue, that more people 
will be able to access groundbreaking treatments and cures, and that 
our Nation remains a leader in medical innovation.
  The LGBTQI+ Data Inclusion Act will equip our government agencies 
with the data they need to reduce barriers and challenges facing this 
community. Good data helps us make good policy. Without data, we are 
forced to legislate blindly and guess at solutions to close 
disparities.
  Madam Speaker, I note that the LGBTQI+ Data Inclusion Act does not 
mandate that anyone disclose information about their gender identity or 
sexual orientation. Under this bill, individuals choose whether to 
share that information or not.
  This bill, which we take up during Pride Month, will help us ensure 
the LGBTQI+ community is represented in policies aimed at closing 
disparities and helping underserved groups.
  Madam Speaker, I urge a ``yes'' vote on the rule and the previous 
question.
  The material previously referred to by Mr. Burgess is as follows:

                   Amendment to House Resolution 1191

       At the end of the resolution, add the following:
       Sec. 10. Immediately upon adoption of this resolution, the 
     House shall proceed to the consideration in the House of the 
     bill (H.R. 471) to prohibit the Secretary of Health and Human 
     Services from lessening the stringency of, and to prohibit 
     the Secretary of Homeland Security from ceasing or lessening 
     implementation of, the COVID-19 border health provisions 
     through the end of the COVID-19 pandemic, and for other 
     purposes. All points of order against consideration of the 
     bill are waived. The bill shall be considered as read. All 
     points of order against provisions in the bill are waived. 
     The previous question shall be considered as ordered on the 
     bill and on any amendment thereto to final passage without 
     intervening motion except: (1) one hour of debate equally 
     divided and controlled by the chair and ranking minority 
     member of the Committee on Energy and Commerce; and (2) one 
     motion to recommit.
       Sec. 11. Clause 1(c) of rule XIX shall not apply to the 
     consideration of H.R. 471.
  Ms. ROSS. Madam Speaker, I yield back the balance of my time, and I 
move the previous question on the resolution.
  The SPEAKER pro tempore. The question is on ordering the previous 
question on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. BURGESS. Madam Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this question 
are postponed.

                          ____________________