[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