[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3970 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3970

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2023

 Mr. Grijalva (for himself, Ms. Jacobs, Mrs. Torres of California, Ms. 
Wilson of Florida, Ms. Clarke of New York, Ms. Stansbury, Mr. Sherman, 
  Ms. Scanlon, Mr. Cleaver, Mr. Quigley, Mr. Smith of Washington, Ms. 
    Barragan, Mr. Johnson of Georgia, Ms. DelBene, Ms. Pingree, Ms. 
Pressley, Mr. Cardenas, Ms. Norton, Ms. McCollum, Mr. Trone, Ms. Lee of 
 California, Ms. Wasserman Schultz, Mr. Mullin, Mr. Casten, Ms. Meng, 
Ms. Titus, Mrs. McClellan, Mrs. Napolitano, Ms. Bonamici, Mrs. Ramirez, 
  Ms. Omar, Ms. Schakowsky, Mr. Doggett, Mr. Schiff, Ms. Balint, Mrs. 
Watson Coleman, Ms. Tlaib, Mr. Pocan, Mr. Khanna, Ms. Davids of Kansas, 
  Ms. Jackson Lee, Mr. Evans, Mr. Kildee, Ms. Wexton, Mr. Costa, Ms. 
 Leger Fernandez, Mr. Foster, Mr. Espaillat, Mr. Kilmer, Ms. Chu, Mr. 
   Raskin, Ms. Dean of Pennsylvania, Mr. Swalwell, Mrs. Foushee, Ms. 
     Kamlager-Dove, Ms. Jayapal, Ms. Williams of Georgia, and Mr. 
 Cartwright) introduced the following bill; which was referred to the 
               Committee on Oversight and Accountability

_______________________________________________________________________

                                 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.

    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) In its 2023 Federal Evidence Agenda on LGBTQI+ Equity, 
        the Subcommittee on Sexual Orientation, Gender Identity, and 
        Variations in Sex Characteristics (SOGI) Data that operates as 
        part of the Subcommittee on Equitable Data of the National 
        Science and Technology Council found that SOGI data collection 
        can and should become part of standard demographic data 
        collection throughout Federal agencies and that the collection 
        of quality data on LGBTQI+ populations is essential for 
        evidence-based policymaking and programmatic decision making.
            (2) 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.
            (3) Comprehensive statistics are needed to inform public 
        policy and Federal programs.
            (4) The availability of data also has a critical role in 
        ensuring that any disparities in areas like health outcomes, 
        housing, education, and employment can be addressed.
            (5) 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.
            (6) The integrity of the Federal statistical system relies 
        on the ability of agencies to determine the content of their 
        statistical surveys based on considerations of relevance, 
        timeliness, accuracy, objectivity, and ability to maintain 
        confidentiality.

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 for statistical purposes shall 
establish data standards that require, with regard to the survey, the 
following:
            (1) Review.--The review of covered surveys to determine in 
        which surveys 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, including protocols for 
        anonymizing data collected and destroying personally 
        identifiable information at the appropriate time and not later 
        than three years after the date on which the information is 
        collected.
            (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 for any survey identified in paragraph (1).
            (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 statistical official (as described in 
        section 314 of title 5, United States Code) of each agency, or 
        the head of the agency, for any agency that does not have a 
        statistical official, 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, or if adding such information to 
        the survey would impair the ability of the agency to preserve 
        the utility, accuracy, or objectivity of the survey while also 
        generating relevant evidence about the LGBTQI+ community.
    (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) 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.
    (e) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Comptroller General shall provide a report to Congress 
on the implementation of the requirements of this Act by agencies, 
including how the implementation of such requirements by agencies 
affected the provision of services to persons according to the gender 
identity, sexual orientation, and variations in sex characteristics of 
the persons.
    (f) 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, or that is 
inconsistent with disclosure limitations established in any other law.
    (g) 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 (including a proxy of a 
                deceased individual, if applicable) 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 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.
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