LGBT 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 LGBT Data Inclusion Act 2. Requirement to collect data on sexual orientation and gender identity (a) Definitions In this section: (1) Agency The term agency (2) Demographic data The term demographic data (3) Gender identity The term gender identity (4) Sexual orientation The term sexual orientation (5) Survey The term survey (b) Survey requirement Not later than 180 days after the date of enactment of this Act, each agency that collects information through a survey that includes demographic data where subjects self-report information or a knowledgeable proxy provides information about the subject or responds for all persons in a household shall 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. (c) Data reports Where appropriate, any report published by an agency that relies on survey demographic data shall include information on sexual orientation and gender identity. (d) 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. (e) Applicability (1) Rules of construction Nothing in this section shall be construed— (A) to require an individual to disclose their sexual orientation or gender identity to an agency; or (B) to permit the use of information collected under this section in a manner that would adversely affect any individual. (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

Summary: LGBT Data Inclusion Act This bill requires federal agencies that collect information through a survey 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 establish data standards that require: a determination of which existing data sets exclude information about sexual orientation and gender identity; an identification, and a use, of appropriate methods to include questions on sexual orientation and gender identity in surveys that facilitate categorization and voluntary participation and that preserve privacy and confidentiality; and a routine assessment of needed changes in survey methods related to asking such questions. Agencies that publish reports relying on survey demographic data must include information on sexual orientation and gender identity. Individuals shall not be: (1) required by this bill to disclose their sexual orientation or gender identity to an agency; or (2) subjected to fines or penalties for refusing to answer, or providing a false answer to, any survey question regarding gender identity or sexual orientation. Nothing in this bill shall be construed to permit the use of such collected information in a manner that would adversely affect an individual.