[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opponent, may be withdrawn by the proponent at any time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.
____________________