LGBTQI+ Data Inclusion Act

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. Short title This Act may be cited as the LGBTQI+ Data Inclusion Act 2. Findings The Congress finds the following: (1) The National Academies on Sciences, Engineering, and Medicine (NASEM), in their 2022 report, found that complete and accurate demographic information on the LGBTQI+ community should be standardized and collected. (2) Comprehensive statistics are needed to inform public policy and Federal programs. (3) The availability of data also has a critical role in ensuring that any disparities in areas like health outcomes, housing, and employment can be addressed. (4) As of the March release of the NASEM report, limited Federal surveys collect data on sexual orientation and gender, with none currently measuring intersex populations. 3. Requirement to collect data on sexual orientation, gender identity, and variations in sex characteristics (a) Survey requirement Not later than 360 days after the date of the enactment of this Act, the head of any agency that collects information through a covered survey shall establish data standards that require, with regard to the survey, the following: (1) Review The review of existing data sets to determine in which data sets information about sexual orientation, gender identity, and variations in sex characteristics is not included. (2) Methods An identification of appropriate methods to include questions on sexual orientation, gender identity, and variations in sex characteristics in covered surveys that facilitate categorization and 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, gender identity, and variations in sex characteristics. (4) Assessment The implementation of a process to routinely assess needed changes in covered survey methods related to asking questions on sexual orientation, gender identity, and variations in sex characteristics. (b) Data reports; waiver (1) Data reports Not later than 3 years after the date of the enactment of this Act, any report published by an agency that relies on covered survey demographic data shall include information on sexual orientation, gender identity, and variations in sex characteristics. (2) Waiver The head of the statistical unit of an agency may waive the requirement under paragraph (1), on a case-by-case basis, if the standards and policies in subsection (c) can not be met. (c) Confidentiality Any information collected relating to the sexual orientation, gender identity, or variations in sex characteristics of a covered survey participant shall be maintained in accordance with applicable confidentiality and privacy laws, policies, and standards. (d) Applicability (1) Construction Nothing in this Act shall be construed to require an individual to disclose their sexual orientation, gender identity, or variations in sex characteristics to an agency. (2) Exemption from penalty An individual is not subject to any fine or other penalty for refusing to answer any survey question regarding gender identity, sexual orientation, or variations in sex characteristics, including any fine or penalty under subchapter II of chapter 7 (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 (2) Covered survey The term covered survey (A) a subject self-reports information; or (B) a knowledgeable proxy provides information about the subject or responds for all individuals in a household. (3) Demographic data The term demographic data (4) Gender identity The term gender identity (5) Sexual orientation The term sexual orientation (6) Survey The term survey (7) Variations in sex characteristics The term variations in sex characteristics (A) means a physical trait present at birth or naturally occurring at a later time (including genitals, gonads, hormone function, and chromosome patterns), that differ from normative expectations for male or female bodies regarding the development, appearance, or function of sex-related characteristics; and (B) is sometimes referred to as intersex traits. Amend the title so as to read: A bill to improve Federal populations surveys by requiring the collection of voluntary, self-disclosed information on sexual orientation, gender identity, and variations in sex characteristics in certain surveys, and for other purposes. June 21, 2022 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: 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.