II 115th CONGRESS 2d Session S. 3314 IN THE SENATE OF THE UNITED STATES July 31, 2018 Ms. Harris (for herself, Mr. Carper , Mrs. Gillibrand , Mr. Menendez , Mr. Durbin , Mrs. Murray , Ms. Klobuchar , Mrs. Shaheen , Ms. Warren , Mr. Merkley , Mr. Wyden , Mr. Peters , Mr. Kaine , Mr. Booker , Ms. Smith , Mr. Bennet , Ms. Hirono , Ms. Cortez Masto , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To improve Federal data collection by requiring the collection of information on sexual orientation and gender identity in the decennial census and the American Community Survey.

1. Short title This Act may be cited as the Census Equality Act . 2. Requirement to collect data on sexual orientation and gender identity (a) Definitions In this section: (1) Bureau The term Bureau means the Bureau of the Census. (2) Gender identity The term gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, regardless of the designated sex of the individual at birth. (3) Household data The term household data means information about individuals who occupy a housing unit. (4) Secretary The term Secretary means the Secretary of Commerce. (5) Sexual orientation The term sexual orientation means homosexuality, heterosexuality, or bisexuality. (b) Expansion of data collection (1) In general The Secretary, in carrying out sections 141 and 193 of title 13, United States Code, shall expand the data collection efforts of the Bureau to require the collection of data concerning sexual orientation and gender identity as part of the decennial census and the American Community Survey. (2) Methods Not later than 1 year after the date of enactment of this Act, the Bureau shall research, identify, and begin implementing a plan to include questions concerning sexual orientation and gender identity in the decennial Census and the American Community Survey. (c) Implementation The plan required under subsection (b) shall require— (1) inclusion of questions concerning sexual orientation and gender identity on the decennial census at the earliest feasible date, but not later than the 2030 decennial census; and (2) inclusion of questions concerning sexual orientation and gender identity on the American Community Survey no later than 2020. (d) Census data reports (1) Decennial census Any report published by the Bureau that relies on gender data or household data from a decennial census conducted after the date on which the decennial census includes questions concerning sexual orientation and gender identity shall include information on sexual orientation and gender identity. (2) American Community Survey Any report published by the Bureau that relies on gender data or household data from an American Community Survey conducted after the date on which the American Community Survey includes questions concerning sexual orientation and gender identity shall include information on sexual orientation and gender identity. (e) Confidentiality All information collected relating to sexual orientation or gender identity of a participant in the decennial census or the American Community Survey shall be maintained by the Bureau in accordance with the confidentiality and privacy standards and policies mandated by sections 9 and 214 of title 13, United States Code.