I 

114TH CONGRESS 

2D SESSION H. R. 5373 

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 

MAY 27, 2016 

Mr. GRIJALVA (for himself, Mr. POCAN, Mr. SEAN PATRICK MALONEY of New 

York, Mr. CICILLINE, Mr. TAKANO, Ms. SINEMA, Mr. SCHIFF, Mr. 

HANNA, Mr. QUIGLEY, Mr. CONYERS, Mr. LANGEVIN, Ms. LEE, Mr. 

MCDERMOTT, Mr. BLUMENAUER, Ms. SPEIER, Mr. LOWENTHAL, Mrs. 

WATSON COLEMAN, Mr. GALLEGO, Mr. GUTIE ́RREZ, Ms. NORTON, Mr. 

GRAYSON, Mr. SERRANO, Mr. CUMMINGS, Mr. KEATING, Mr. CA ́RDENAS, 

Mr. KILDEE, Mr. HUFFMAN, Mr. TED LIEU of California, Ms. TSONGAS, 

Mr. PETERS, Ms. CLARK of Massachusetts, Mr. PALLONE, Ms. MENG, 

Mr. NADLER, Ms. WILSON of Florida, Mr. WELCH, Ms. DELBENE, Mrs. 

LAWRENCE, Ms. ROYBAL-ALLARD, Ms. EDWARDS, Ms. PINGREE, Mr. 

MURPHY of Florida, Ms. BONAMICI, Ms. MOORE, Ms. JUDY CHU of California, Mr. CARTWRIGHT, Mrs. DINGELL, Mr. MCGOVERN, Ms. CLARKE

of New York, Mr. YARMUTH, Mr. HASTINGS, Mr. SMITH of Washington, 

Ms. ESTY, Ms. FRANKEL of Florida, Mr. KILMER, Ms. SCHAKOWSKY, 

Mr. ELLISON, Mr. HIGGINS, Mr. DEUTCH, Mr. VAN HOLLEN, Mr. 

HONDA, Mr. RANGEL, Mr. JOHNSON of Georgia, Mr. BEYER, Mrs. CAROLYN B. MALONEY of New York, Mr. HINOJOSA, Mr. VELA, Mr. 

MOULTON, and Ms. MCCOLLUM) introduced the following bill; which was 

referred to the Committee on Oversight and Government 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. 


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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 ‘‘LGBT Data Inclusion 

5 Act’’. 

6 SEC. 2. REQUIREMENT TO COLLECT DATA ON SEXUAL ORI7 ENTATION AND GENDER IDENTITY. 

8 (a) SURVEY REQUIREMENT.—Any agency that col9 lects information through a survey that includes demo10 graphic data where subjects either self-report information 

11 or a knowledgeable proxy provides information about the 

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

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

14 of this Act, establish data standards that require, with re15 gard to such a survey the following: 

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

17 to determine in which data sets information about 

18 sexual orientation and gender identity is not in19 cluded. 

20 (2) METHODS.—An identification of appro21 priate methods to include questions on sexual ori22 entation and gender identity in surveys that facili23 tate categorization, voluntary participation, and pre24 serve privacy and confidentiality. 


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1 (3) DATA COLLECTION.—The use of the appro2 priate methods identified in paragraph (2) to gather 

3 data on sexual orientation and gender identity. 

4 (4) ASSESSMENT.—The implementation of a 

5 process to routinely assess needed changes in survey 

6 methods related to asking questions on sexual ori7 entation and gender identity. 

8 (b) DATA REPORTS.—Any report published by an 

9 agency that relies on survey demographic data shall in10 clude information on sexual orientation and gender iden11 tity. 

12 (c) CONFIDENTIALITY.—Any information collected 

13 relating to the sexual orientation or gender identity of a 

14 survey participant shall be maintained in accordance with 

15 the confidentiality and privacy standards and policies for 

16 the protection of individuals applicable to that survey. 

17 (d) APPLICABILITY.— 

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

19 be construed to require an individual to disclose 

20 their sexual orientation or gender identity to an 

21 agency. 

22 (2) EXEMPTION FROM PENALTY.—An indi23 vidual shall not be subject to any fine or other pen24 alty for refusing to answer, or providing a false an25 swer to, any survey question regarding gender idenVerDate Sep 11 2014 22:58 Jun 02, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5373.IH H5373

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1 tity or sexual orientation, including any fine or pen2 alty under subchapter II of chapter 7 of title 13, 

3 United States Code. 

4 (e) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to permit the use of information 

6 collected under this section in a manner that would ad7 versely affect any individual. 

8 (f) DEFINITIONS.—In this section: 

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

10 meaning given that term in section 551 of title 5, 

11 United States Code. 

12 (2) DEMOGRAPHIC DATA.—The term ‘‘demo13 graphic data’’ means information about the race or 

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

15 population. 

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

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

18 female, transgender, or another gender, as distinct 

19 from the individual’s sex assigned at birth. 

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

21 orientation’’ means how a person identifies in terms 

22 of their emotional, romantic, or sexual attractions, 

23 and includes identification as straight, heterosexual, 

24 gay, lesbian, or bisexual, among other terms. 


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1 (5) SURVEY.—The term ‘‘survey’’ means a data 

2 collection activity involving observation or question3 naires for a sample of a population and includes the 

4 decennial census. 

Æ 


sradovich on DSK3TPTVN1PROD with BILLS