LGBTQI+ Data Inclusion Act
This bill addresses federal data collection of voluntary, self-disclosed information on sexual orientation, gender identity, and variations in sex characteristics.
Specifically, the bill requires federal agencies that collect information through a survey for statistical purposes 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 which data sets do not include information about sexual orientation, gender identity, and variations in sex characteristics.
Such agencies must assess needed changes in survey methods related to asking questions on such matters.
Agencies that publish reports relying on survey demographic data must include information on sexual orientation, gender identity, and variations in sex characteristics.
Agencies may waive this publication requirement on a case-by-case basis if the confidentiality of the information cannot be maintained or if adding such information to the survey would impair the agency's ability to preserve the utility, accuracy, or objectivity of the survey while also generating relevant evidence about the LGBTQI+ community.
The Government Accountability Office must report to Congress on the implementation of this bill's requirements by agencies.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4176 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4176
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, 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
_______________________________________________________________________
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.
<all>
Rules Committee Resolution H. Res. 1191 Reported to House. Rule provides for consideration of H.R. 4176, H.R. 5585 and H.R. 7666. Rule provides for one hour of general debate on H.R. 4176, H.R. 5585 and H.R. 7666. Rule provides for one motion to recommit each for H.R. 4176, H.R. 5585 and H.R. 7666. Rule provides that proceedings may be postponed through July 15, 2022, on measures that were the object of motions to suspend the rules on the legislative days of June 21, 2022, June 22, 2022, June 23, 2022, or June 24, 2022, and on which the yeas and nays were ordered.
Considered under the provisions of rule H. Res. 1191. (consideration: CR H5856-5867)
Rule provides for consideration of H.R. 4176, H.R. 5585 and H.R. 7666. Rule provides for one hour of general debate on H.R. 4176, H.R. 5585 and H.R. 7666. Rule provides for one motion to recommit each for H.R. 4176, H.R. 5585 and H.R. 7666. Rule provides that proceedings may be postponed through July 15, 2022, on measures that were the object of motions to suspend the rules on the legislative days of June 21, 2022, June 22, 2022, June 23, 2022, or June 24, 2022, and on which the yeas and nays were ordered.
DEBATE - The House proceeded with one hour of debate on H.R. 4176.
DEBATE - Pursuant to the provisions of H.Res. 1191, the House proceeded with 10 minutes of debate on the Jackson Lee amendment No. 1.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Comer demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
DEBATE - Pursuant to the provisions of H.Res. 1191, the House proceeded with 10 minutes of debate on the Carolyn B. Maloney amendment No. 2.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Carolyn B. Maloney amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Comer demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
DEBATE - Pursuant to the provisions of H.Res. 1191, the House proceeded with 10 minutes of debate on the Carolyn B. Maloney amendment No. 3.
Pursuant to clause 1(c) of rule 19, further proceedings on H.R. 4176 are postponed.
Considered as unfinished business. (consideration: CR H5867-5871)
The previous question was ordered pursuant to the rule.
Mr. Biggs moved to recommit to the Committee on Oversight and Reform. (text: CR H5869)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
On motion to recommit Failed by the Yeas and Nays: 202 - 218 (Roll no. 295).
Roll Call #295 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 201 (Roll no. 296).
Roll Call #296 (House)On passage Passed by the Yeas and Nays: 220 - 201 (Roll no. 296). (text: CR H5856)
Roll Call #296 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.