117 HR 4176 IH: LGBTQ Data Inclusion Act
U.S. House of Representatives
2021-06-25
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I
117th CONGRESS
1st Session
H. R. 4176
IN THE HOUSE OF REPRESENTATIVES
June 25, 2021
Mr. Grijalva (for himself, Ms. Pingree, Ms. Lois Frankel of Florida, Mrs. Carolyn B. Maloney of New York, Mr. Morelle, Ms. Schakowsky, Mr. Pappas, Mr. Brown, Mr. Carson, Mr. Lynch, Ms. Moore of Wisconsin, Ms. Bonamici, Ms. Norton, Ms. Sánchez, Mr. Auchincloss, Mrs. Dingell, Mrs. Hayes, Mr. Kilmer, Ms. Kuster, Mr. Peters, Miss Rice of New York, Mr. Tonko, Mr. Lowenthal, Ms. Titus, Mr. Cicilline, Mr. Blumenauer, Mrs. Watson Coleman, Mrs. Demings, Ms. Eshoo, Mr. Langevin, Mr. Smith of Washington, Mr. Jones, Ms. Lee of California, Mr. Danny K. Davis of Illinois, Ms. DeGette, Ms. DelBene, Mr. Espaillat, Mr. Foster, Mr. García of Illinois, Mr. Johnson of Georgia, Ms. Porter, Ms. Pressley, Ms. Stevens, Ms. Williams of Georgia, Ms. Waters, Mr. Raskin, Ms. McCollum, Mr. Quigley, Mr. Suozzi, Ms. Jayapal, Ms. Dean, Mr. Malinowski, Mr. Moulton, Mr. Welch, Mr. Deutch, Ms. Chu, Ms. Meng, Ms. Bass, Mr. Brendan F. Boyle of Pennsylvania, Mr. Carbajal, Mr. Cárdenas, Mr. Kildee, Mr. Soto, Mr. Case, Mr. Takano, Mr. Torres of New York, Mr. Gallego, Ms. Newman, Ms. Brownley, Ms. Leger Fernandez, Ms. Slotkin, Mr. Nadler, Ms. Barragán, Mr. Costa, Mr. McGovern, Mr. Norcross, Mr. Pallone, Ms. Wilson of Florida, and Mr. Bowman) introduced the following bill; which was referred to the Committee on Oversight and Reform
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.
1.

Short title
This Act may be cited as the “LGBTQ Data Inclusion Act”.
2.

Requirement to collect data on sexual orientation and gender identity
(a)

Survey requirement
Any agency that collects information through a survey that includes demographic data where subjects either self-report information or a knowledgeable proxy provides information about the subject or responds for all persons in a household shall, not later than 180 days after the date of the enactment of this Act, 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.
(b)

Data reports
Any report published by an agency that relies on survey demographic data shall include information on sexual orientation and gender identity.
(c)

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.
(d)

Applicability
(1)

Construction
Nothing in this Act shall be construed to require an individual to disclose their sexual orientation or gender identity to an agency.
(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.
(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)

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.