I 
111TH CONGRESS 
2D SESSION 
H. R. 6109 
To amend the Public Health Service Act to require the Secretary of Health 
and Human Services to ensure that each HHS health service program 
or HHS health survey provides, to the extent the Secretary determines 
appropriate and practicable, for the voluntary collection of data on the 
sexual orientation and gender identity of individuals who apply for or 
receive health services through such program, or who respond to such 
survey. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2010 
Ms. BALDWIN
(for herself, Mr. WAXMAN, Mr. PALLONE, and Mrs. 
CHRISTENSEN) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Public Health Service Act to require the 
Secretary of Health and Human Services to ensure that 
each HHS health service program or HHS health survey 
provides, to the extent the Secretary determines appro-
priate and practicable, for the voluntary collection of 
data on the sexual orientation and gender identity of 
individuals who apply for or receive health services 
through such program, or who respond to such survey. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
03:46 Sep 15, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6109.IH
H6109
smartinez on DSKB9S0YB1PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Health Data Collection 
Improvement Act of 2010’’. 
SEC. 2. DATA COLLECTION ON SEXUAL ORIENTATION AND 
GENDER IDENTITY. 
Title XXXI of the Public Health Service Act (42 
U.S.C. 300kk et seq.) is amended by inserting after sec-
tion 3101 the following new section: 
‘‘SEC. 3102. DATA COLLECTION ON SEXUAL ORIENTATION 
AND GENDER IDENTITY. 
‘‘(a) IN GENERAL.—The Secretary shall ensure that, 
beginning not later than 1 year after the dissemination 
of standards under subsection (c)(3), each HHS health 
service program and HHS health survey provides, to the 
extent the Secretary determines appropriate and prac-
ticable, for the collection of data on the sexual orientation 
and gender identity of individuals who apply for or receive 
health services through such program, or who respond to 
such survey. 
‘‘(b) PROVISION AND USE OF INFORMATION.— 
‘‘(1) VOLUNTARY BASIS.—Provision of informa-
tion by an individual in response to a collection pur-
suant to subsection (a) shall be only on a voluntary 
basis. 
‘‘(2) LIMITATION.—An agency or person that 
collects data from an individual pursuant to sub-
VerDate Mar 15 2010 
03:46 Sep 15, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6109.IH
H6109
smartinez on DSKB9S0YB1PROD with BILLS
section (a) shall not use such data, or the decision 
of the individual not to provide such data, in any 
manner that adversely affects the individual. 
‘‘(c) DATA STANDARDS.— 
‘‘(1) DEVELOPMENT.—The Secretary, in con-
sultation with the Office for Civil Rights of the De-
partment of Health and Human Services and rel-
evant data collection agencies, shall develop stand-
ards for the measurement of, and collection of infor-
mation about, sexual orientation and gender iden-
tity. In developing the standards, the Secretary shall 
take into account recommendations made by the In-
stitute of Medicine Committee on Lesbian, Gay, Bi-
sexual, and Transgender Health Issues and Re-
search Gaps and Opportunities. 
‘‘(2) INCLUSION
OF
CERTAIN
STANDARDS.— 
The standards developed under paragraph (1) shall 
include standards— 
‘‘(A) for categorization of sexual orienta-
tion and gender identity, including questions to 
facilitate categorization; 
‘‘(B) for appropriate methods to collect in-
formation to maximize voluntary participation, 
preserve privacy and confidentiality, and avoid 
VerDate Mar 15 2010 
03:46 Sep 15, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6109.IH
H6109
smartinez on DSKB9S0YB1PROD with BILLS
unintended negative consequences to an indi-
vidual or program; and 
‘‘(C) that address the feasibility of data 
collection in different contexts and the appro-
priateness and analytical validity of collection 
within specific programs or types of programs. 
‘‘(3) DISSEMINATION.—Not later than 1 year 
after the date of enactment of this section, the Sec-
retary shall disseminate the standards developed 
under paragraph (1) to the offices and agencies of 
the Department of Health and Human Services, 
other Federal departments and agencies that admin-
ister health service programs, and other interested 
parties. 
‘‘(4) REVISION.—The Secretary shall revise the 
standards developed under paragraph (1), and dis-
seminate the revised standards, as the Secretary de-
termines appropriate. 
‘‘(d) ANALYSIS.— 
‘‘(1) DEPARTMENTAL
ANALYSIS.—For each 
HHS health service program and HHS health sur-
vey, the Secretary shall— 
‘‘(A) analyze data collected under sub-
section (a) to detect and monitor health dispari-
VerDate Mar 15 2010 
03:46 Sep 15, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6109.IH
H6109
smartinez on DSKB9S0YB1PROD with BILLS
ties based on sexual orientation and gender 
identity at the Federal and State levels; and 
‘‘(B) report to the Congress and the public 
the results of such analyses. 
‘‘(2) INTEGRATION OF DATA ANALYSES.—The 
Secretary shall integrate data analyses conducted 
under paragraph (1) with other activities of the De-
partment of Health and Human Services that iden-
tify and analyze health disparities by race, ethnicity, 
sex, disability, primary language, or other popu-
lation. 
‘‘(3) AVAILABILITY OF DATA.—The Secretary 
shall, as appropriate, enter into data use agreements 
between the Department of Health and Human 
Services (or offices and agencies thereof) and other 
governmental agencies and nongovernmental entities, 
pursuant to which the Secretary shall make available 
to such agencies and entities aggregated data (ex-
cluding any personally identifiable information about 
an individual) collected under subsection (a). 
‘‘(e) PRIVACY AND OTHER SAFEGUARDS.—The pro-
tections and safeguards described in section 3101(e)(1) 
shall apply to data collected pursuant to subsection (a) 
of this section to the same extent and in the same manner 
VerDate Mar 15 2010 
03:46 Sep 15, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6109.IH
H6109
smartinez on DSKB9S0YB1PROD with BILLS
as such protections and safeguards apply to data collected 
pursuant to section 3101(a). 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘HHS health service program’ 
means a program conducted or supported by the De-
partment of Health and Human Services through 
which direct preventive health or medical treatment 
services are delivered to individuals, either in a clin-
ical or community setting. 
‘‘(2) The term ‘HHS health survey’ means data 
collection efforts conducted or supported by the De-
partment of Health and Human Services to obtain 
information directly from individual respondents for 
the purpose of aggregating statistical information.’’. 
Æ 
VerDate Mar 15 2010 
03:46 Sep 15, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H6109.IH
H6109
smartinez on DSKB9S0YB1PROD with BILLS