LGBTQ Data Inclusion Act

LGBTQ Data Inclusion Act

This bill requires federal agencies that collect information through a survey that includes demographic data (where subjects self-report information or a proxy provides information about the subject or responds for all persons in a household) to review existing data sets to determine in which data sets information about sexual orientation and gender identity is not included, and to assess needed changes in survey methods related to asking questions on sexual orientation and gender identity.

Agencies that publish reports relying on survey demographic data must include information on sexual orientation and gender identity.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3509 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3509

 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 26, 2019

 Mr. Grijalva (for himself, Mr. Aguilar, Ms. Bonamici, Mr. Brendan F. 
 Boyle of Pennsylvania, Ms. Brownley of California, Mr. Carbajal, Mr. 
   Cardenas, Mr. Carson of Indiana, Ms. Judy Chu of California, Mr. 
 Cisneros, Mr. Clay, Mrs. Watson Coleman, Mr. Crist, Mr. Cummings, Mr. 
DeFazio, Ms. DeGette, Ms. DelBene, Mr. Deutch, Mrs. Dingell, Mr. Engel, 
 Mr. Espaillat, Ms. Frankel, Mr. Gallego, Mr. Garcia of Illinois, Mr. 
 Heck, Mr. Higgins of New York, Ms. Hill of California, Mr. Himes, Mr. 
Huffman, Ms. Jayapal, Mr. Johnson of Georgia, Mr. Keating, Mr. Khanna, 
Mr. Kildee, Mr. Kilmer, Mrs. Kirkpatrick, Ms. Kuster of New Hampshire, 
   Mr. Langevin, Ms. Jackson Lee, Ms. Lee of California, Mrs. Lee of 
Nevada, Mr. Lowenthal, Mr. Lujan, Mrs. Carolyn B. Maloney of New York, 
 Mr. Sean Patrick Maloney of New York, Ms. McCollum, Mrs. Napolitano, 
Ms. Moore, Mr. Moulton, Ms. Mucarsel-Powell, Mr. Nadler, Ms. Meng, Ms. 
Norton, Mr. Pallone, Mr. Panetta, Mr. Pascrell, Mr. Payne, Mr. Peters, 
     Mr. Pocan, Mr. Raskin, Miss Rice of New York, Mr. Rouda, Ms. 
  Schakowsky, Mr. Schiff, Mr. Serrano, Ms. Shalala, Ms. Sherrill, Mr. 
Sires, Mr. Smith of Washington, Ms. Speier, Mr. Swalwell of California, 
 Mr. Takano, Ms. Titus, Ms. Wasserman Schultz, Mr. Welch, Mr. Levin of 
Michigan, Mrs. Hayes, Mr. Brown of Maryland, Ms. Velazquez, Ms. Roybal-
Allard, Ms. Lofgren, Ms. Castor of Florida, and Mr. Yarmuth) 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.

    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) 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.
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