II 

117TH CONGRESS 

1ST SESSION S. 2287 

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 SENATE OF THE UNITED STATES 

JUNE 24, 2021 

Ms. BALDWIN (for herself, Mr. BLUMENTHAL, Ms. CORTEZ MASTO, Mr. MARKEY, Ms. HIRONO, Ms. SMITH, Mr. MENENDEZ, Mr. MERKLEY, Mr. 

KAINE, and Ms. ROSEN) introduced the following bill; which was read 

twice and referred to the Committee on Homeland Security and Governmental Affairs 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘LGBTQ Data Inclu5 sion Act’’. 


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1 SEC. 2. REQUIREMENT TO COLLECT DATA ON SEXUAL ORI2 ENTATION AND GENDER IDENTITY. 

3 (a) DEFINITIONS.—In this section: 

4 (1) AGENCY.—The term ‘‘agency’’ has the 

5 meaning given the term in section 551 of title 5, 

6 United States Code. 

7 (2) DEMOGRAPHIC DATA.—The term ‘‘demo8 graphic data’’ means information about the race or 

9 ethnicity, sex, and age of a survey participant or 

10 population. 

11 (3) GENDER IDENTITY.—The term ‘‘gender 

12 identity’’ means an individual’s sense of being male, 

13 female, transgender, or another gender, as distinct 

14 from the individual’s sex assigned at birth. 

15 (4) SEXUAL ORIENTATION.—The term ‘‘sexual 

16 orientation’’— 

17 (A) means how a person identifies in terms 

18 of their emotional, romantic, or sexual attrac19 tions; and 

20 (B) includes identification as straight, het21 erosexual, gay, lesbian, or bisexual, among 

22 other terms. 

23 (5) SURVEY.—The term ‘‘survey’’— 

24 (A) means a data collection activity involv25 ing observation or questionnaires for a sample 

26 of a population; and 


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1 (B) includes the decennial census. 

2 (b) SURVEY REQUIREMENT.—Any agency that col3 lects information through a survey that includes demo4 graphic data where subjects either self-report information 

5 or a knowledgeable proxy provides information about the 

6 subject or responds for all persons in a household shall, 

7 not later than 180 days after the date of enactment of 

8 this Act, establish data standards that require, with re9 gard to such a survey, the following: 

10 (1) REVIEW.—The review of existing data sets 

11 to determine in which data sets information about 

12 sexual orientation and gender identity is not in13 cluded. 

14 (2) METHODS.—An identification of appro15 priate methods to include questions on sexual ori16 entation and gender identity in surveys that facili17 tate categorization, voluntary participation, and pre18 serve privacy and confidentiality. 

19 (3) DATA COLLECTION.—The use of the appro20 priate methods identified in paragraph (2) to gather 

21 data on sexual orientation and gender identity. 

22 (4) ASSESSMENT.—The implementation of a 

23 process to routinely assess needed changes in survey 

24 methods related to asking questions on sexual ori25 entation and gender identity. 


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1 (c) DATA REPORTS.—Any report published by an 

2 agency that relies on survey demographic data shall in3 clude information on sexual orientation and gender iden4 tity. 

5 (d) CONFIDENTIALITY.—Any information collected 

6 relating to the sexual orientation or gender identity of a 

7 survey participant shall be maintained in accordance with 

8 the confidentiality and privacy standards and policies for 

9 the protection of individuals applicable to that survey. 

10 (e) APPLICABILITY.— 

11 (1) CONSTRUCTION.—Nothing in this Act shall 

12 be construed to require an individual to disclose 

13 their sexual orientation or gender identity to an 

14 agency. 

15 (2) EXEMPTION FROM PENALTY.—An indi16 vidual shall not be subject to any fine or other pen17 alty for refusing to answer, or providing a false an18 swer to, any survey question regarding gender iden19 tity or sexual orientation, including any fine or pen20 alty under subchapter II of chapter 7 of title 13, 

21 United States Code. 

22 (f) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to permit the use of information 


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1 collected under this section in a manner that would ad2 versely affect any individual. 

Æ 


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