[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4176 Reported in House (RH)]
<DOC>
Union Calendar No. 289
117th CONGRESS
2d Session
H. R. 4176
[Report No. 117-378]
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 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 of Maryland, Mr. Carson, Mr. Lynch, Ms. Moore of
Wisconsin, Ms. Bonamici, Ms. Norton, Ms. Sanchez, 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. Garcia 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. Cardenas,
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. Barragan, 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
June 21, 2022
Additional sponsors: Mr. DeFazio, Mr. Carter of Louisiana, Mr. Higgins
of New York, Ms. Castor of Florida, Mr. Yarmuth, Ms. Davids of Kansas,
Mr. Kahele, Mr. Sean Patrick Maloney of New York, Mr. Pocan, Mr.
Garamendi, Mr. Aguilar, Mr. Panetta, Mr. DeSaulnier, Mrs. Napolitano,
Mr. Sherman, Ms. Roybal-Allard, Mr. Vargas, Mr. Correa, Mr. Schiff, Mr.
Huffman, Mr. Gomez, Mr. Bera, Mrs. Lee of Nevada, Ms. Wasserman
Schultz, Ms. Lofgren, Ms. Clark of Massachusetts, Mr. Casten, Mr.
Horsford, Mrs. Torres of California, Mr. Swalwell, Ms. Speier, Ms.
Jacobs of California, Mr. Khanna, Mr. Ruiz, Ms. Scanlon, Ms. Wexton,
Ms. Omar, Mr. Cohen, Ms. Clarke of New York, Mr. Cartwright, Mr. Trone,
Mr. Evans, Mr. Levin of California, Mr. Larson of Connecticut, Ms.
Matsui, Mr. Connolly, Ms. Blunt Rochester, Ms. Stansbury, Mr. Crow, and
Mrs. Lawrence
June 21, 2022
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
_______________________________________________________________________
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 ``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.''.
Union Calendar No. 289
117th CONGRESS
2d Session
H. R. 4176
[Report No. 117-378]
_______________________________________________________________________
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.
_______________________________________________________________________
June 21, 2022
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed