[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\
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\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\
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\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/).
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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.
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\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).
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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.
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\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).
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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\
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\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).
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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]