I 
118TH CONGRESS 
1ST SESSION H. R. 3970 
To improve Federal populations surveys by requiring the collection of vol-
untary, self-disclosed information on sexual orientation, gender identity, 
and variations in sex characteristics in certain surveys, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 9, 2023 
Mr. GRIJALVA (for himself, Ms. JACOBS, Mrs. TORRES of California, Ms. WIL-
SON of Florida, Ms. CLARKE of New York, Ms. STANSBURY, Mr. SHER-
MAN, Ms. SCANLON, Mr. CLEAVER, Mr. QUIGLEY, Mr. SMITH of Wash-
ington, Ms. BARRAGA´N, Mr. JOHNSON of Georgia, Ms. DELBENE, Ms. 
PINGREE, Ms. PRESSLEY, Mr. CA´RDENAS, Ms. NORTON, Ms. MCCOL-
LUM, Mr. TRONE, Ms. LEE of California, Ms. WASSERMAN SCHULTZ, Mr. 
MULLIN, Mr. CASTEN, Ms. MENG, Ms. TITUS, Mrs. MCCLELLAN, Mrs. 
NAPOLITANO, Ms. BONAMICI, Mrs. RAMIREZ, Ms. OMAR, Ms. SCHA-
KOWSKY, Mr. DOGGETT, Mr. SCHIFF, Ms. BALINT, Mrs. WATSON COLE-
MAN, Ms. TLAIB, Mr. POCAN, Mr. KHANNA, Ms. DAVIDS of Kansas, Ms. 
JACKSON LEE, Mr. EVANS, Mr. KILDEE, Ms. WEXTON, Mr. COSTA, Ms. 
LEGER FERNANDEZ, Mr. FOSTER, Mr. ESPAILLAT, Mr. KILMER, Ms. 
CHU, Mr. RASKIN, Ms. DEAN of Pennsylvania, Mr. SWALWELL, Mrs. 
FOUSHEE, Ms. KAMLAGER-DOVE, Ms. JAYAPAL, Ms. WILLIAMS of Geor-
gia, and Mr. CARTWRIGHT) introduced the following bill; which was re-
ferred to the Committee on Oversight and Accountability 
A BILL 
To improve Federal populations surveys by requiring the 
collection of voluntary, self-disclosed information on sex-
ual orientation, gender identity, and variations in sex 
characteristics in certain surveys, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘LGBTQI+ Data In-
clusion Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) In its 2023 Federal Evidence Agenda on 
LGBTQI+ Equity, the Subcommittee on Sexual 
Orientation, Gender Identity, and Variations in Sex 
Characteristics (SOGI) Data that operates as part 
of the Subcommittee on Equitable Data of the Na-
tional Science and Technology Council found that 
SOGI data collection can and should become part of 
standard demographic data collection throughout 
Federal agencies and that the collection of quality 
data on LGBTQI+ populations is essential for evi-
dence-based policymaking and programmatic deci-
sion making. 
(2) The National Academies on Sciences, Engi-
neering, and Medicine (NASEM), in their 2022 re-
port, found that complete and accurate demographic 
information on the LGBTQI+ community should be 
standardized and collected. 
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(3) Comprehensive statistics are needed to in-
form public policy and Federal programs. 
(4) The availability of data also has a critical 
role in ensuring that any disparities in areas like 
health outcomes, housing, education, and employ-
ment can be addressed. 
(5) As of the March release of the NASEM re-
port, limited Federal surveys collect data on sexual 
orientation and gender, with none currently meas-
uring intersex populations. 
(6) The integrity of the Federal statistical sys-
tem relies on the ability of agencies to determine the 
content of their statistical surveys based on consider-
ations of relevance, timeliness, accuracy, objectivity, 
and ability to maintain confidentiality. 
SEC. 3. REQUIREMENT TO COLLECT DATA ON SEXUAL ORI-
ENTATION, GENDER IDENTITY, AND VARI-
ATIONS 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 for statistical purposes shall establish data stand-
ards that require, with regard to the survey, the following: 
(1) REVIEW.—The review of covered surveys to 
determine in which surveys information about sexual 
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orientation, gender identity, and variations in sex 
characteristics is not included. 
(2) METHODS.—An identification of appro-
priate methods to include questions on sexual ori-
entation, gender identity, and variations in sex char-
acteristics in covered surveys that facilitate cat-
egorization and voluntary participation and preserve 
privacy and confidentiality, including protocols for 
anonymizing data collected and destroying personally 
identifiable information at the appropriate time and 
not later than three years after the date on which 
the information is collected. 
(3) DATA COLLECTION.—The use of the appro-
priate methods identified in paragraph (2) to gather 
data on sexual orientation, gender identity, and vari-
ations in sex characteristics for any survey identified 
in paragraph (1). 
(4) ASSESSMENT.—The implementation of a 
process to routinely assess needed changes in cov-
ered 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 re-
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port 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 statistical official (as de-
scribed in section 314 of title 5, United States Code) 
of each agency, or the head of the agency, for any 
agency that does not have a statistical official, 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, or if adding such in-
formation to the survey would impair the ability of 
the agency to preserve the utility, accuracy, or objec-
tivity of the survey while also generating relevant 
evidence about the LGBTQI+ community. 
(c) CONFIDENTIALITY.—Any information collected 
relating to the sexual orientation, gender identity, or vari-
ations in sex characteristics of a covered survey partici-
pant shall be maintained in accordance with applicable 
confidentiality and privacy laws, policies, and standards. 
(d) CONSTRUCTION.—Nothing in this Act shall be 
construed to require an individual to disclose their sexual 
orientation, gender identity, or variations in sex character-
istics to an agency. 
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(e) REPORT.—Not later than 2 years after the date 
of the enactment of this Act, the Comptroller General shall 
provide a report to Congress on the implementation of the 
requirements of this Act by agencies, including how the 
implementation of such requirements by agencies affected 
the provision of services to persons according to the gen-
der identity, sexual orientation, and variations in sex char-
acteristics of the persons. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to permit the use of information 
collected under this section in a manner that would ad-
versely affect any individual, or that is inconsistent with 
disclosure limitations established in any other law. 
(g) DEFINITIONS.—In this section: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term in section 551 of title 5, 
United States Code. 
(2) COVERED
SURVEY.—The term ‘‘covered 
survey’’ means a survey that includes demographic 
data in which— 
(A) a subject self-reports information; or 
(B) a knowledgeable proxy (including a 
proxy of a deceased individual, if applicable) 
provides information about the subject or re-
sponds for all individuals in a household. 
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(3) DEMOGRAPHIC
DATA.—The term ‘‘demo-
graphic data’’ means information about the race or 
ethnicity, sex, and age of a survey participant or 
population. 
(4) GENDER
IDENTITY.—The term ‘‘gender 
identity’’ means the gender-related identity, appear-
ance, mannerism, or other gender-related char-
acteristic of an individual, regardless of the des-
ignated sex at birth of the individual. 
(5) SEXUAL ORIENTATION.—The term ‘‘sexual 
orientation’’ means how a person identifies in terms 
of their emotional, romantic, or sexual attraction, 
and includes identification as straight, heterosexual, 
gay, lesbian, or bisexual, among other terms. 
(6) SURVEY.—The term ‘‘survey’’ means a data 
collection activity involving a questionnaire for a 
sample of a population and includes the decennial 
census. 
(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 chro-
mosome patterns), that differ from normative 
expectations for male or female bodies regard-
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ing the development, appearance, or function of 
sex-related characteristics; and 
(B) is sometimes referred to as intersex 
traits. 
Æ 
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