II 

116TH CONGRESS 

1ST SESSION S. 1980 

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 26, 2019 

Ms. BALDWIN (for herself, Mr. MARKEY, Ms. CORTEZ MASTO, Mr. 

BLUMENTHAL, Mr. MERKLEY, Mr. MURPHY, Mr. DURBIN, Mr. MENENDEZ, Mr. CARPER, Ms. KLOBUCHAR, Mrs. MURRAY, Ms. SMITH, Mrs. 

FEINSTEIN, Mr. WYDEN, Ms. HIRONO, Ms. HARRIS, Mr. BOOKER, Ms. 

ROSEN, and Mr. BROWN) 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’’ means how a person identifies in terms 

17 of their emotional, romantic, or sexual attractions, 

18 and includes identification as straight, heterosexual, 

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

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

21 collection activity involving observation or question22 naires for a sample of a population and includes the 

23 decennial census. 

24 (b) SURVEY REQUIREMENT.—Not later than 180 

25 days after the date of enactment of this Act, each agency 

26 that collects information through a survey that includes 


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1 demographic data where subjects self-report information 

2 or a knowledgeable proxy provides information about the 

3 subject or responds for all persons in a household shall 

4 establish data standards that require, with regard to such 

5 a survey, the following: 

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

7 to determine in which data sets information about 

8 sexual orientation and gender identity is not in9 cluded. 

10 (2) METHODS.—An identification of appro11 priate methods to include questions on sexual ori12 entation and gender identity in surveys that facili13 tate categorization, voluntary participation, and pre14 serve privacy and confidentiality. 

15 (3) DATA COLLECTION.—The use of the appro16 priate methods identified in paragraph (2) to gather 

17 data on sexual orientation and gender identity. 

18 (4) ASSESSMENT.—The implementation of a 

19 process to routinely assess needed changes in survey 

20 methods related to asking questions on sexual ori21 entation and gender identity. 

22 (c) DATA REPORTS.—Where appropriate, any report 

23 published by an agency that relies on survey demographic 

24 data shall include information on sexual orientation and 

25 gender identity. 


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1 (d) CONFIDENTIALITY.—Any information collected 

2 relating to the sexual orientation or gender identity of a 

3 survey participant shall be maintained in accordance with 

4 the confidentiality and privacy standards and policies for 

5 the protection of individuals applicable to that survey. 

6 (e) APPLICABILITY.— 

7 (1) RULES OF CONSTRUCTION.—Nothing in 

8 this section shall be construed— 

9 (A) to require an individual to disclose 

10 their sexual orientation or gender identity to an 

11 agency; or 

12 (B) to permit the use of information col13 lected under this section in a manner that 

14 would adversely affect any individual. 

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. 

Æ 


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