[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3314 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3314

   To improve Federal data collection by requiring the collection of 
information on sexual orientation and gender identity in the decennial 
               census and the American Community Survey.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2018

Ms. Harris (for herself, Mr. Carper, Mrs. Gillibrand, Mr. Menendez, Mr. 
   Durbin, Mrs. Murray, Ms. Klobuchar, Mrs. Shaheen, Ms. Warren, Mr. 
 Merkley, Mr. Wyden, Mr. Peters, Mr. Kaine, Mr. Booker, Ms. Smith, Mr. 
  Bennet, Ms. Hirono, Ms. Cortez Masto, and Mr. Brown) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To improve Federal data collection by requiring the collection of 
information on sexual orientation and gender identity in the decennial 
               census and the American Community Survey.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Census Equality Act''.

SEC. 2. REQUIREMENT TO COLLECT DATA ON SEXUAL ORIENTATION AND GENDER 
              IDENTITY.

    (a) Definitions.--In this section:
            (1) Bureau.--The term ``Bureau'' means the Bureau of the 
        Census.
            (2) Gender identity.--The term ``gender identity'' means 
        the gender-related identity, appearance, or mannerisms or other 
        gender-related characteristics of an individual, regardless of 
        the designated sex of the individual at birth.
            (3) Household data.--The term ``household data'' means 
        information about individuals who occupy a housing unit.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (5) Sexual orientation.--The term ``sexual orientation'' 
        means homosexuality, heterosexuality, or bisexuality.
    (b) Expansion of Data Collection.--
            (1) In general.--The Secretary, in carrying out sections 
        141 and 193 of title 13, United States Code, shall expand the 
        data collection efforts of the Bureau to require the collection 
        of data concerning sexual orientation and gender identity as 
        part of the decennial census and the American Community Survey.
            (2) Methods.--Not later than 1 year after the date of 
        enactment of this Act, the Bureau shall research, identify, and 
        begin implementing a plan to include questions concerning 
        sexual orientation and gender identity in the decennial Census 
        and the American Community Survey.
    (c) Implementation.--The plan required under subsection (b) shall 
require--
            (1) inclusion of questions concerning sexual orientation 
        and gender identity on the decennial census at the earliest 
        feasible date, but not later than the 2030 decennial census; 
        and
            (2) inclusion of questions concerning sexual orientation 
        and gender identity on the American Community Survey no later 
        than 2020.
    (d) Census Data Reports.--
            (1) Decennial census.--Any report published by the Bureau 
        that relies on gender data or household data from a decennial 
        census conducted after the date on which the decennial census 
        includes questions concerning sexual orientation and gender 
        identity shall include information on sexual orientation and 
        gender identity.
            (2) American community survey.--Any report published by the 
        Bureau that relies on gender data or household data from an 
        American Community Survey conducted after the date on which the 
        American Community Survey includes questions concerning sexual 
        orientation and gender identity shall include information on 
        sexual orientation and gender identity.
    (e) Confidentiality.--All information collected relating to sexual 
orientation or gender identity of a participant in the decennial census 
or the American Community Survey shall be maintained by the Bureau in 
accordance with the confidentiality and privacy standards and policies 
mandated by sections 9 and 214 of title 13, United States Code.
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