Title: LGBTQ Data Inclusion Act
Policy area: Government Operations and Politics

Summary:
LGBTQ 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 review existing data sets to determine in which data sets information about sexual orientation and gender identity is not included, and to assess needed changes in survey methods related to asking questions on sexual orientation and gender identity.
Agencies that publish reports relying on survey demographic data must include information on sexual orientation and gender identity.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2287 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2287

 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 24, 2021

Ms. Baldwin (for herself, Mr. Blumenthal, Ms. Cortez Masto, Mr. Markey, 
 Ms. Hirono, Ms. Smith, Mr. Menendez, Mr. Merkley, Mr. Kaine, and Ms. 
Rosen) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``LGBTQ Data Inclusion Act''.

SEC. 2. REQUIREMENT TO COLLECT DATA ON SEXUAL ORIENTATION AND GENDER 
              IDENTITY.

    (a) Definitions.--In this section:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5, United States Code.
            (2) Demographic data.--The term ``demographic data'' means 
        information about the race or ethnicity, sex, and age of a 
        survey participant or population.
            (3) Gender identity.--The term ``gender identity'' means an 
        individual's sense of being male, female, transgender, or 
        another gender, as distinct from the individual's sex assigned 
        at birth.
            (4) Sexual orientation.--The term ``sexual orientation''--
                    (A) means how a person identifies in terms of their 
                emotional, romantic, or sexual attractions; and
                    (B) includes identification as straight, 
                heterosexual, gay, lesbian, or bisexual, among other 
                terms.
            (5) Survey.--The term ``survey''--
                    (A) means a data collection activity involving 
                observation or questionnaires for a sample of a 
                population; and
                    (B) includes the decennial census.
    (b) Survey Requirement.--Any agency that collects information 
through a survey that includes demographic data where subjects either 
self-report information or a knowledgeable proxy provides information 
about the subject or responds for all persons in a household shall, not 
later than 180 days after the date of enactment of this Act, 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.--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) Construction.--Nothing in this Act shall be construed 
        to require an individual to disclose their sexual orientation 
        or gender identity to an agency.
            (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 of title 13, United 
        States Code.
    (f) 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.
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