[House Report 117-378]
[From the U.S. Government Publishing Office]


117th Congress   }                                    {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                    {     117-378

======================================================================



 
                       LGBTQI+ DATA INCLUSION ACT

                                _______
                                

 June 21, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mrs. Carolyn B. Maloney of New York, from the Committee on Oversight 
                  and Reform, submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 4176]

    The Committee on Oversight and Reform, to whom was referred 
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, having considered the 
same, reports favorably thereon with amendments and recommends 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Summary and Purpose of the Legislation...........................     3
Background and Need for Legislation..............................     3
Section-by-Section Analysis......................................     5
Legislative History..............................................     6
Committee Consideration..........................................     6
Roll Call Votes..................................................     6
Explanation of Amendments........................................    12
List of Related Committee Hearings...............................    12
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    12
Statement of General Performance Goals and Objectives............    12
Application of Law to the Legislative Branch.....................    12
Duplication of Federal Programs..................................    13
Disclosure of Directed Rule Makings..............................    13
Federal Advisory Committee Act...................................    13
Unfunded Mandates Statement......................................    13
Earmark Identification...........................................    13
Committee Cost Estimate..........................................    13
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................
Changes in Existing Law Made by the Bill, as Reported............    13
Supplemental, Minority, Additional, or Dissenting Views..........    14

    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``LGBTQI+ Data Inclusion Act''.

SEC. 2. FINDINGS.

  The Congress finds the following:
          (1) The National Academies on Sciences, Engineering, and 
        Medicine (NASEM), in their 2022 report, found that complete and 
        accurate demographic information on the LGBTQI+ community 
        should be standardized and collected.
          (2) Comprehensive statistics are needed to inform public 
        policy and Federal programs.
          (3) The availability of data also has a critical role in 
        ensuring that any disparities in areas like health outcomes, 
        housing, and employment can be addressed.
          (4) As of the March release of the NASEM report, limited 
        Federal surveys collect data on sexual orientation and gender, 
        with none currently measuring intersex populations.

SEC. 3. REQUIREMENT TO COLLECT DATA ON SEXUAL ORIENTATION, GENDER 
                    IDENTITY, AND VARIATIONS IN SEX CHARACTERISTICS.

  (a) Survey Requirement.--Not later than 360 days after the date of 
the enactment of this Act, the head of any agency that collects 
information through a covered survey shall establish data standards 
that require, with regard to the survey, the following:
          (1) Review.--The review of existing data sets to determine in 
        which data sets information about sexual orientation, gender 
        identity, and variations in sex characteristics is not 
        included.
          (2) Methods.--An identification of appropriate methods to 
        include questions on sexual orientation, gender identity, and 
        variations in sex characteristics in covered surveys that 
        facilitate categorization and voluntary participation and 
        preserve privacy and confidentiality.
          (3) Data collection.--The use of the appropriate methods 
        identified in paragraph (2) to gather data on sexual 
        orientation, gender identity, and variations in sex 
        characteristics.
          (4) Assessment.--The implementation of a process to routinely 
        assess needed changes in covered survey methods related to 
        asking questions on sexual orientation, gender identity, and 
        variations in sex characteristics.
  (b) Data Reports; Waiver.--
          (1) Data reports.--Not later than 3 years after the date of 
        the enactment of this Act, any report published by an agency 
        that relies on covered survey demographic data shall include 
        information on sexual orientation, gender identity, and 
        variations in sex characteristics.
          (2) Waiver.--The head of the statistical unit of an agency 
        may waive the requirement under paragraph (1), on a case-by-
        case basis, if the standards and policies in subsection (c) can 
        not be met.
  (c) Confidentiality.--Any information collected relating to the 
sexual orientation, gender identity, or variations in sex 
characteristics of a covered survey participant shall be maintained in 
accordance with applicable confidentiality and privacy laws, policies, 
and standards.
  (d) Applicability.--
          (1) Construction.--Nothing in this Act shall be construed to 
        require an individual to disclose their sexual orientation, 
        gender identity, or variations in sex characteristics to an 
        agency.
          (2) Exemption from penalty.--An individual is not subject to 
        any fine or other penalty for refusing to answer any survey 
        question regarding gender identity, sexual orientation, or 
        variations in sex characteristics, including any fine or 
        penalty under subchapter II of chapter 7 of title 13, United 
        States Code.
  (e) Rule of Construction.--Nothing in this section shall be construed 
to permit the use of information collected under this section in a 
manner that would adversely affect any individual.
  (f) Definitions.--In this section:
          (1) Agency.--The term ``agency'' has the meaning given that 
        term in section 551 of title 5, United States Code.
          (2) Covered survey.--The term ``covered survey'' means a 
        survey that includes demographic data in which--
                  (A) a subject self-reports information; or
                  (B) a knowledgeable proxy provides information about 
                the subject or responds for all individuals in a 
                household.
          (3) Demographic data.--The term ``demographic data'' means 
        information about the race or ethnicity, sex, and age of a 
        survey participant or population.
          (4) Gender identity.--The term ``gender identity'' means the 
        gender-related identity, appearance, mannerism, or other 
        gender-related characteristic of an individual, regardless of 
        the designated sex at birth of the individual.
          (5) Sexual orientation.--The term ``sexual orientation'' 
        means how a person identifies in terms of their emotional, 
        romantic, or sexual attraction, and includes identification as 
        straight, heterosexual, gay, lesbian, or bisexual, among other 
        terms.
          (6) Survey.--The term ``survey'' means a data collection 
        activity involving observation or a questionnaire for a sample 
        of a population and includes the decennial census.
          (7) Variations in sex characteristics.--The term ``variations 
        in sex characteristics''--
                  (A) means a physical trait present at birth or 
                naturally occurring at a later time (including 
                genitals, gonads, hormone function, and chromosome 
                patterns), that differ from normative expectations for 
                male or female bodies regarding the development, 
                appearance, or function of sex-related characteristics; 
                and
                  (B) is sometimes referred to as intersex traits.

    Amend the title so as to read:
    A bill to improve Federal populations surveys by requiring 
the collection of voluntary, self-disclosed information on 
sexual orientation, gender identity, and variations in sex 
characteristics in certain surveys, and for other purposes.

                   SUMMARY AND PURPOSE OF LEGISLATION

    The LGBTQ Data Inclusion Act, H.R. 4176, would require 
federal agencies that collect demographic survey data to assess 
methods for incorporating questions about sexual orientation, 
gender identity (SOGI), and variations in sex characteristics 
into existing surveys within 360 days of enactment. The bill 
would also require any report published by an agency that 
relies on covered survey demographic data to include 
information on sexual orientation, gender identity, and 
variations in sex characteristics no later than three years 
after enactment.
    Under the LGBTQI+ Data Inclusion Act, responses to 
inquiries regarding sexual orientation, gender identity, and 
variations in sex characteristics would be voluntary, and 
collected data would be subject to robust privacy and 
confidentiality standards.

                  BACKGROUND AND NEED FOR LEGISLATION

    Federal data collection informs a significant range of 
government functions and policies that affect the health, 
safety, and wellbeing of the entire United States population. 
Federal agencies that establish policies governing how people 
access health care, learn in classrooms, obtain stable housing, 
and navigate employment rely on data to set budgets and 
administer crucial programs.
    Currently, more than 100 federal agencies engage in data 
collection, and no uniform policy requires the collection of 
data pertaining to LGBTQI+ people.\1\ While some federal 
surveys collect data on LGBTQI+ populations, this information 
is frequently piecemeal and falls short of representing the 
full universe of LGBTQI+ communities.\2\ For example, while the 
American Community Survey poses questions regarding the 
identification of cohabitating same-sex couples, these 
questions capture fewer than 1 in 6 LGBTQI+ people in the 
United States.\3\
---------------------------------------------------------------------------
    \1\Letter from David Stacy, Government Affairs Director, Human 
Rights Campaign, to Chairwoman Carolyn B. Maloney, Committee on 
Oversight and Reform (June 14, 2022).
    \2\Letter from Center for American Progress et al. to Chairwoman 
Carolyn B. Maloney, Committee on Oversight and Reform, and Congressman 
Ral Grijalva (June 14, 2022).
    \3\Center for American Progress, Collecting Data About LGBTQI+ and 
Other Sexual and Gender-Diverse Communities (May 24, 2022) (online at 
www.americanprogress.org/article/collecting-data-about-lgbtqi-and-
other-sexual-and-gender-diverse-communities/).
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    According to a report released by the National Academies of 
Sciences, Engineering, and Medicine (NASEM), there is a 
significant gap in data collection for the LGBTQI+ community, 
which leads to a lack of programming and services for those 
within this community. There have been many changes within the 
LGBTQI+ community that have not been captured due to the lack 
of available data.\4\ NASEM also reports that government 
agencies and others need to change their data collection 
systems to better capture the needs of the community. As a 
result of gaps in data collection, federal policymakers have a 
limited understanding of the specific needs of LGBTQI+ people--
limiting the ability of the federal government to develop 
tailored policy solutions for LGBTQI+ communities that have 
historically experienced health and economic inequities. While 
data is limited, existing research demonstrates that LGBTQI+ 
people experience disproportionate rates of poverty, 
unemployment, economic instability, housing insecurity, adverse 
mental and physical health outcomes, and discrimination.\5\ 
These inequities are even more significant for LGBTQI+ people 
of color, LGBTQI+ people with disabilities, and LGBTQI+ older 
adults.\6\
---------------------------------------------------------------------------
    \4\National Academies of Sciences, Engineering, and Medicine, New 
Report Calls for More Comprehensive Data on LGBTQI+ Well-Being (Oct. 
2020) (online at www.nationalacademies.org/news/2020/10/new-report-
calls-for-more-comprehensive-data-on-lgbtqi-well-being).
    \5\Williams Institute, LGBT Poverty in the United States: A Study 
of Differences Between Sexual Orientation and Gender Identity Groups 
(Oct. 2019) (online at https://williamsinstitute.law.ucla.edu/wp-
content/uploads/National-LGBT-Poverty-Oct-2019.pdf); National Academies 
of Science, Engineering, and Medicine, Understanding the Well-Being of 
LGBTQI+ Populations (2020) (online at https://
nap.nationalacademies.org/read/25877/chapter/1); Williams Institute, 
LGBT People and Housing Affordability, Discrimination, and Homelessness 
(Apr. 2020) (online at https://williamsinstitute.law.ucla.edu/
publications/lgbt-housing-instability/); Laetitia Zeeman and Kay 
Aranda, A Systematic Review of the Health and Healthcare Inequalities 
for People with Intersex Variance, International Journal of 
Environmental Research and Public Health (2020); Center for American 
Progress, The State of the LGBTQ Community in 2020: A National Public 
Opinion Study (Oct. 26, 2021) (online at www.americanprogress.org/
article/state-lgbtq-community-2020/).
    \6\Center for American Progress, LGBTQ People of Color Encounter 
Heightened Discrimination (June 24, 2021) (online at 
www.americanprogress.org/article/lgbtq-people-color-encounter-
heightened-discrimination/); Center for American Progress, The United 
States Must Advance Economic Security for Disabled LGBTQI+ Workers 
(Nov. 3, 2021) (online at www.americanprogress.org/article/united-
states-must-advance-economic-security-disabled-lgbtqi-workers/); Center 
for American Progress, Protecting and Advancing Health Care for 
Transgender Adult Communities (Aug. 18, 2021) (online at 
www.americanprogress.org/article/protecting-advancing-health-care-
transgender-adult-communities/).
---------------------------------------------------------------------------
    The LGBTQI+ Data Inclusion Act would establish a uniform 
requirement for all federal data collection agencies to 
determine and implement methods for collecting data pertaining 
to LGBTQI+ populations in their surveys. By facilitating the 
collection of voluntary, self-disclosed demographic data on 
sexual orientation, gender identity, and variations in sex 
characteristics, the bill would equip policymakers with the 
tools necessary to understand and address specific challenges 
that LGBTQI+ people face.
    The LGBTQI+ Data Inclusion Act strikes a balance between 
mandatory inclusion of data pertaining to sexual orientation, 
gender identity, and variations in sex characteristics, while 
making questions non-mandatory for respondents and preserving 
privacy and confidentiality standards necessary to prevent 
personal identification of any individual. The bill would also 
establish a waiver process for the heads of statistical units 
at agencies with data collection responsibilities to waive the 
requirements on a case-by-case basis.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    The short title is the ``LGBTQI+ Data Inclusion Act.''

Sec. 2. Findings

    The National Academies of Sciences, Engineering, and 
Medicine reported that complete and accurate demographic data 
on LGBTQI+ individuals should be standardized and collected 
because comprehensive statistics are needed to inform public 
policy and federal programs. Data availability is important in 
ensuring that disparities can be addressed. There are limited 
federal surveys that collect data on sexual orientation and 
gender, with none measuring intersex populations.

Sec. 3. Requirement to collect data on sexual orientation, gender 
        identity, and variations in sex characteristics

    (a) Survey Requirement. This subsection would require 
agencies to review existing data sets within one year of 
enactment to determine where information on sexual orientation, 
gender identity, and variations in sex characteristics are not 
included. Agencies would then be required to identify and 
employ appropriate methods to include questions on sexual 
orientation, gender identity, and variations in sex 
characteristics in covered surveys that allow for voluntary 
participation and protect privacy and confidentiality. Agencies 
would also be required to routinely assess needed changes in 
their data collection methods.
    (b) Data Reports; Waiver. This subsection would require 
that information on sexual orientation, gender identity, and 
variations in sex characteristics must be included in any 
report released by an agency that relies on covered survey 
demographic data must include no later than three years after 
the enactment. On a case-by-case basis, the head of the 
statistical unit of an agency would be permitted to waive the 
report requirement if privacy and confidentiality standards 
could not be met.
    (c) Confidentiality. This subsection would ensure that any 
information collected regarding the sexual orientation, gender 
identity, or variations in sex characteristics of a respondent 
would be maintained in accordance with applicable 
confidentiality and privacy laws, policies, and standards.
    (d) Applicability. This subsection clarifies that 
individuals are not required to disclose their sexual 
orientation, gender identity, or variations in sex 
characteristics and will not face any penalties, including 
fines, for choosing not to answer any survey questions related 
to their sexual orientation, gender identity, or variations in 
sex characteristics.
    (e) Rule of Construction. The data collected using these 
surveys would not be used in a way that would adversely impact 
the participant or any individual.
    (f) Definitions. This section defines specific terms within 
the bill as follows:
    Agency is defined as each authority of the government of 
the United States, whether or not it is subject to review by 
another agency:
    Covered survey means a survey that includes demographic 
data that is self-reported or provided by a knowledgeable 
proxy;
    Demographic data is defined as information about the race 
or ethnicity, sex, and age of a survey participant or 
population;
    Gender identity means the gender-related identity, 
appearance, mannerism, or other gender-related characteristic 
of an individual, regardless of an individual's designated sex 
at birth;
    Sexual orientation is defined as how an individual 
identifies regarding their emotional, romantic, or sexual 
attraction, and includes identification as straight, 
heterosexual, gay, lesbian, or bisexual, among other terms.
    Survey, means data collection involving observation or a 
questionnaire for a sample of a population including the 
decennial census;
    Variations in sex characteristics is defined as a physical 
trait present at birth or naturally occurring later in life, 
that differ from normative expectations for male or female 
bodies regarding the development, appearance, or function of 
sex-related characteristics.

                          LEGISLATIVE HISTORY

    Representative Grijalva introduced H.R. 4176, the LGBTQ 
Data Inclusion Act, on June 25, 2021. The bill was referred to 
the Committee on Oversight and Reform. Senator Baldwin 
introduced the Senate companion bill (S. 2287) which was 
referred to the Committee on Homeland Security and Governmental 
Affairs.

                        COMMITTEE CONSIDERATION

    On June 14, 2022, the Committee met in open session and, 
with a quorum being present, ordered the bill favorably 
reported by a roll call vote of 23 ayes and 16 noes.

                            ROLL CALL VOTES

    There were five roll call votes during consideration of 
H.R. 4176 on the following measures:
    The amendment to the ANS offered by Rep. Biggs was not 
adopted.
    The amendment #1 to the ANS offered by Rep. Cloud was not 
adopted.
    The amendment #2 to the ANS offered by Rep. Cloud was not 
adopted.
    The amendment to the ANS offered by Rep. Grothman was not 
adopted.
    H.R. 4176, as amended, was favorably reported to the House.
    
    
    	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
                       EXPLANATION OF AMENDMENTS

    During Committee consideration of the bill, Chairwoman 
Maloney (D-NY), offered an amendment in the nature of a 
substitute (ANS) to include intersex persons by requiring data 
collection for variations in sex characteristics, which means a 
physical trait present at birth or naturally occurring at a 
later time, that differs from normative expectations for male 
and female bodies. The definitions for sexual orientation and 
gender identity are also aligned to match current standards. 
The amendment would also update the name of the bill to the 
LGBTQI+ Data Inclusion Act. The Maloney ANS was adopted by 
voice.
    Representative Biggs (R-AZ) offered an amendment to the ANS 
that would have required the collection of citizenship status.
    Representative Cloud (R-TX) offered one amendment to the 
ANS that would have taken several exclusionary changes to the 
bill intended to undermine its intent, including the addition 
of definitions for ``female'' and ``male'', and ``sex.'' Rep. 
Cloud offered a second amendment to the ANS that would have 
added significant unnecessary reporting burdens for both 
families and federal agencies.
    Representative Grothman (R-WI) offered an amendment to the 
ANS that would have prohibited the collection of sexual 
orientation and gender identity information from a minor or the 
parent or guardian of a minor.

                   LIST OF RELATED COMMITTEE HEARINGS

    In accordance with section 103(i) of H. Res. 6, the 
Committee held a hearing to consider topics addressed in the 
legislation on April 7, 2022.

  STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the Background and Need for 
Legislation.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal or objective of this bill is 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.

              APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill, the LGBTQI+ Data Inclusion Act, does not relate to 
employment or access to public services and accommodations.

                    DUPLICATION OF FEDERAL PROGRAMS

    In accordance with clause 2(c)(5) of rule XIII no provision 
of this bill establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    This bill does not direct the completion of any specific 
rule makings within the meaning of section 551 of title 5, 
United States Code.

                     FEDERAL ADVISORY COMMITTEE ACT

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of Section 5(b) of the appendix to title 5, 
United States Code.

                      UNFUNDED MANDATES STATEMENT

    The Committee has requested, but not yet received, a cost 
estimate from the Congressional Budget Office.

                         EARMARK IDENTIFICATION

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the House of Representatives.

                           COMMITTEE ESTIMATE

    The Committee has requested, but not yet received, a cost 
estimate from the Congressional Budget Office.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 4176, the LGBTQI+ Data Inclusion Act makes no changes 
to existing law.

                             MINORITY VIEWS

    Committee Republicans oppose H.R. 4176. This legislation 
requires the federal government to collect data on Americans' 
sexual preferences, gender identity, and gender expression. 
More specifically, federal agencies must review existing 
surveys to determine which ones do not capture this 
information; if they do not, agencies must include sensitive 
and intrusive questions to capture it. The bill also requires 
agencies' survey reports include demographic data on sexual 
orientation and gender identity, defining ``gender identity,'' 
``sexual orientation,'' and ``variations in sex 
characteristics.'' The bill raises major privacy issues and 
lacks basic protections, including preventing these questions 
from being directed to children or preventing parents or 
guardians from characterizing children as falling into one of 
the targeted groups.

  I. THIS BILL REQUIRES FEDERAL AGENCIES TO COLLECT SENSITIVE DATA ON 
AMERICANS, MAKING SUCH INFORMATION VULNERABLE TO POTENTIAL COMPROMISE, 
                         DATA LEAKS, AND HACKS

    The U.S. government has no business collecting data on 
Americans' ``sexual orientation'' or ``gender identity.'' While 
Democrats argue responding to such questions would be optional 
under the bill, their presence on a federal survey is likely to 
pressure respondents into answering them. Furthermore, the bill 
allows respondents to provide false answers to these questions, 
so it is likely some may perceive a certain benefit in claiming 
to belong to a perceived `protected' demographic category. And 
notably, Committee Democrats have failed to provide a 
compelling rationale for collecting such information on all 
federal surveys. While Democrats have said this information is 
needed to potentially ``expand needed funding and programmatic 
services'' for the effected population, this is an amorphous 
and ill-defined need.\1\ It still begs the question as to how 
such information collections will be used and what funding 
Democrats think is needed. We should be alarmed by this attempt 
to mandate the federal government collect such sensitive and 
private information from Americans. This bill would apply 
broadly across the more than 130 individual surveys, to include 
those related to the Census, that agencies conduct to measure 
important topics like the socio-economic makeup of American 
households, U.S. business employment rates and income data, 
public pensions, national prisoner statistics, and housing 
vacancies. The bill also requires all agencies to publish 
reports with this collected data, regardless of the reliability 
or validity of the collected information.
---------------------------------------------------------------------------
    \1\Press Release, During Pride, Oversight Committee Passes Historic 
Legislation to Ensure Federal Data Inclusive of LGBTQI+ Communities, 
Committee on Oversight & Reform Democrats Press Office (June 14, 2022).
---------------------------------------------------------------------------
    In fact, one wonders why Committee Democrats believe such 
information should be collected at all when questioning someone 
on their sexual orientation is illegal, particularly in an 
employment context. Title VII of the Civil Rights Act of 1964 
protects against employment discrimination due to sex, 
interpreted by the Supreme Court to afford protections on the 
basis of sexual orientation and gender identity. In fact, H.R. 
4176 will likely require federal employers, who participate in 
federally administered demographic and economic surveys, to 
provide their employees' private information regarding the 
traits targeted by this bill.
    Finally, federal agencies continue to suffer from weak data 
security. From IRS employee(s) leaking tax returns to the press 
to China hacking the Office of Personnel Management's 
background investigation files, federal agencies have failed to 
protect some of the most personal and sensitive information. 
Americans are therefore rightly concerned about the federal 
government's collection, handling, and use of personal 
information.\2\ By collecting personal information on 
Americans' sexual orientation and gender identity, the federal 
government puts at risk data that can be misused by our 
adversaries, malicious actors, and even political opponents. 
Congress should not exacerbate current data privacy and 
confidentiality risks, especially where Democrats have failed 
to provide any tangible policy benefits.
---------------------------------------------------------------------------
    \2\Brooke Auxier, et al., Americans and Privacy: Concerned, 
Confused and Feeling Lack of Control Over Their Personal Information, 
Pew Research Center (Nov. 15, 2022), available at https://
www.pewresearch.org/internet/2019/11/15/americans-and-privacy-
concerned-confused-and-feeling-lack-of-control-over-their-personal-
information/.
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II. THIS LEGISLATION HAS FAILED BEFORE, BUT DEMOCRATS CONTINUE TO PUSH 
        THEIR DIVISIVE ``WOKE'' AGENDA ONTO THE AMERICAN PEOPLE

    This bill is identical to previous bills that failed to 
advance through Congress.\3\ Despite prior failures, House 
Democrats continue to waste time on their social agenda while 
ignoring crises that impact all Americans. This Committee and 
the Congress should be focused on addressing crippling 
inflation, increasing gas prices, supply chain disruptions, an 
unsecured southern border, growing national security threats 
from our adversaries, a rising national crime wave, a botched 
withdrawal from Afghanistan during which brave Americans and 
our allies died and/or were abandoned, and consistently 
misguided and freedom-eroding COVID-19 pandemic policies that 
have further grown government overreach into every aspect of 
Americans' lives.
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    \3\``LGBTQ'' stands for lesbian, gay, bisexual, transgender and 
queer or questioning. In the 116th Congress, House and Senate lawmakers 
added the letter ``Q'' to the bill title. H.R. 4176; S. 2287; H.R. 
3509, 116th Cong. (2019); S. 1980, 116th Cong. (2019); H.R. 3273, 115th 
Cong. (2017); S. 1570, 115th Cong. (2017); H.R. 5373, 114th Cong. 
(2016); S. 3134, 114th Cong. (2016).
---------------------------------------------------------------------------
    Rather than working toward solutions for all Americans, 
Democrats have once again chosen to focus on identity politics 
with a blatant attempt to further classify, categorize, and 
ultimately divide the American people. The vast majority of 
Americans want to live in peace with their neighbors and have 
an equal chance to pursue the American dream. This bill 
provides no benefit except to support President Biden's 
divisive diversity, equity, and inclusion agenda.\4\
---------------------------------------------------------------------------
    \4\The White House, Fact Sheet, The Biden-Harris Administration 
Champions LGBTQ+ Equality and Marks Pride Month (June 1, 2021), 
available at https://www.whitehouse.gov/briefing-room/statements-
releases/2021/06/01/fact-sheet-the-biden-harris-administration-
champions-lgbtq-equality-and-marks-pride-month/; The White House, Fact 
Sheet, Biden-Harris Administration Advances Equality and Visibility for 
Transgender Americans (Mar. 31, 2022), available at https://
www.whitehouse.gov/briefing-room/statements-releases/2022/03/31/fact-
sheet-biden-harris-administration-advances-equality-and-visibility-for-
transgender-americans.
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 III. COMMITTEE DEMOCRATS REJECTED REPUBLICANS' AMENDMENTS ADDRESSING 
  THE BILL'S SEXUALIZATION OF CHILDREN, FAILURE TO DEFINE BASIC TERMS 
LIKE ``MALE'' AND ``FEMALE,'' AND LACK OF KEY SURVEY QUESTIONS ON U.S. 
                              CITIZENSHIP

    During the Committee's markup, multiple Republican Members 
proposed common-sense and reasonable amendments. Rep. Andy 
Biggs (R-AZ) offered an amendment that would have added U.S. 
citizenship to the list of federal survey questions. This is a 
basic question and has specific relevance to the Census, which 
H.R. 4176 covers. Committee Republicans believe that including 
illegal immigrants in the apportionment counts, which are based 
on the Census, dilutes the votes of American citizens. 
Likewise, the governance of our federal agency missions and 
programs should be based on the number of American citizens, 
not illegal immigrants. Committee Democrats' rejection of this 
amendment further illustrates their willingness to ignore the 
crisis on the southern border, however and whenever possible.
    Rep. Michael Cloud (R-TX) offered an amendment to define 
``male,'' ``female,'' and ``sex.'' These terms are used 
throughout the legislation, yet Democrats were unwilling (or 
unable) to define basic and widely accepted biology terms. 
Moreover, since the bill includes troubling language allowing 
observers or proxies to answer survey questions on behalf of 
someone else, Mr. Cloud offered a second privacy-enhancing 
amendment seeking to require questions be answered directly by 
respondents, not third parties who would be providing guesses. 
Democrats unanimously rejected both amendments.
    Finally, Rep. Glenn Grothman (R-WI) offered an amendment to 
exclude minors from being subjected to federal survey questions 
asking about their sexual orientation and gender identity. 
Rather than ensuring the bill avoids confronting minors with 
sexually oriented subject matter, Committee Democrats chose to 
reject Mr. Grothman's amendment.
    Finally, a bill with such weighty privacy concerns deserves 
a dedicated Committee legislative hearing to fully understand 
the bill's potential benefits, risks, and technical 
feasibility.\5\ In fact, House Rule XIII requires a legislative 
hearing before this bill can be reported to the full House. No 
such hearing was held. The Committee Democrats claim the April 
7, 2022, Subcommittee on Civil Right and Civil Liberties 
hearing entitled ``Free Speech Under Attack: Book Bans and 
Academic Censorship'' met this hearing requirement.\6\ That 
hearing, however, was not related to this bill. In fact, the 
Census or federal data collections were not mentioned at the 
subcommittee hearing.
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    \5\House Rule XIII.
    \6\Free Speech Under Attack: Book Bans and Academic Censorship: 
Hearing Before the H. Comm. on Oversight and Reform Subcommittee on 
Civil Rights and Civil Liberties, 117th Cong. (Apr. 7, 2022).
---------------------------------------------------------------------------
    Committee Republicans agree that collecting data through 
federal surveys can better inform public services, but common 
sense cautions expanding these surveys along divisive political 
fault-lines. Committee Republicans support child protection, 
legal immigration, and privacy from the federal government's 
intrusion into our daily lives. We are committed to addressing 
improvements to federal surveys in a manner that respects these 
foundational American principles.

                             IV. CONCLUSION

    Committee Republicans oppose H.R. 4176.
                                       James Comer,
                                            Ranking Member,
                                 Committee on Oversight and Reform.

                                  
                                  [all]