[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1980 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1980

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2019

Ms. Baldwin (for herself, Mr. Markey, Ms. Cortez Masto, Mr. Blumenthal, 
  Mr. Merkley, Mr. Murphy, Mr. Durbin, Mr. Menendez, Mr. Carper, Ms. 
   Klobuchar, Mrs. Murray, Ms. Smith, Mrs. Feinstein, Mr. Wyden, Ms. 
 Hirono, Ms. Harris, Mr. Booker, Ms. Rosen, 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 population surveys by requiring the collection of 
voluntary, self-disclosed information on sexual orientation and gender 
          identity in certain surveys, and for other purposes.

    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 ``LGBTQ Data Inclusion Act''.

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

    (a) Definitions.--In this section:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5, United States Code.
            (2) Demographic data.--The term ``demographic data'' means 
        information about the race or ethnicity, sex, and age of a 
        survey participant or population.
            (3) Gender identity.--The term ``gender identity'' means an 
        individual's sense of being male, female, transgender, or 
        another gender, as distinct from the individual's sex assigned 
        at birth.
            (4) Sexual orientation.--The term ``sexual orientation'' 
        means how a person identifies in terms of their emotional, 
        romantic, or sexual attractions, and includes identification as 
        straight, heterosexual, gay, lesbian, or bisexual, among other 
        terms.
            (5) Survey.--The term ``survey'' means a data collection 
        activity involving observation or questionnaires for a sample 
        of a population and includes the decennial census.
    (b) Survey Requirement.--Not later than 180 days after the date of 
enactment of this Act, each agency that collects information through a 
survey that includes demographic data where subjects self-report 
information or a knowledgeable proxy provides information about the 
subject or responds for all persons in a household shall establish data 
standards that require, with regard to such a survey, the following:
            (1) Review.--The review of existing data sets to determine 
        in which data sets information about sexual orientation and 
        gender identity is not included.
            (2) Methods.--An identification of appropriate methods to 
        include questions on sexual orientation and gender identity in 
        surveys that facilitate categorization, 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 and gender identity.
            (4) Assessment.--The implementation of a process to 
        routinely assess needed changes in survey methods related to 
        asking questions on sexual orientation and gender identity.
    (c) Data Reports.--Where appropriate, any report published by an 
agency that relies on survey demographic data shall include information 
on sexual orientation and gender identity.
    (d) Confidentiality.--Any information collected relating to the 
sexual orientation or gender identity of a survey participant shall be 
maintained in accordance with the confidentiality and privacy standards 
and policies for the protection of individuals applicable to that 
survey.
    (e) Applicability.--
            (1) Rules of construction.--Nothing in this section shall 
        be construed--
                    (A) to require an individual to disclose their 
                sexual orientation or gender identity to an agency; or
                    (B) to permit the use of information collected 
                under this section in a manner that would adversely 
                affect any individual.
            (2) Exemption from penalty.--An individual shall not be 
        subject to any fine or other penalty for refusing to answer, or 
        providing a false answer to, any survey question regarding 
        gender identity or sexual orientation, including any fine or 
        penalty under subchapter II of chapter 7 of title 13, United 
        States Code.
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