II 118th CONGRESS 1st Session S. 1839 IN THE SENATE OF THE UNITED STATES June 7, 2023 Ms. Baldwin (for herself, Mr. Merkley , Mr. Booker , Ms. Warren , Mr. Blumenthal , Mr. Padilla , Mr. Fetterman , Mr. Murphy , Mr. Durbin , Mrs. Murray , Mr. Markey , Mr. Whitehouse , Mrs. Feinstein , Mr. Brown , Mr. Menendez , and Mr. Cardin ) 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, gender identity, and variations in sex characteristics in certain surveys, and for other purposes.

1. Short title This Act may be cited as the LGBTQI+ Data Inclusion Act . 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 (in this section referred to as SOGI ) Data that operates as part of the Subcommittee on Equitable Data of the National Science and Technology Council found that— (A) SOGI data collection can and should become part of standard demographic data collection throughout Federal agencies; and (B) the collection of quality data on LGBTQI+ populations is essential for evidence-based policymaking and programmatic decision making. (2) The National Academies on Sciences, Engineering, and Medicine (in this section referred to as NASEM ), in their 2022 report, found that complete and accurate demographic information on the LGBTQI+ community should be standardized and collected. (3) Comprehensive statistics are needed to inform 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, and employment can be addressed. (5) As of the March release of the NASEM report, limited Federal surveys collect data on sexual orientation and gender, with none currently measuring intersex populations. (6) The integrity of the Federal statistical system relies on the ability of agencies to determine the content of their statistical surveys based on considerations of relevance, timeliness, accuracy, objectivity, and ability to maintain confidentiality. 3. Requirement to collect data on sexual orientation, gender identity, and variations in sex characteristics (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) 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 responds for all individuals in a household. (3) Demographic data The term demographic 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, appearance, mannerism, or other gender-related characteristic of an individual, regardless of the designated 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 — (A) means a data collection activity involving a questionnaire for a sample of a population; and (B) 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 chromosome patterns, that differs from normative expectations for male or female bodies regarding the development, appearance, or function of sex-related characteristics; and (B) is sometimes referred to as intersex traits. (b) Survey requirement Not later than 360 days after the date of enactment of this Act, the head of any agency that collects information through a covered survey for statistical purposes shall establish data standards that require, with regard to the survey, the following: (1) Review The review of covered surveys to determine in which surveys information about sexual orientation, gender identity, and variations in sex characteristics is not included. (2) Methods An identification of appropriate methods to include questions on sexual orientation, gender identity, and variations in sex characteristics in covered surveys that facilitate categorization 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 3 years after the date on which the information is collected. (3) Data collection The use of the appropriate methods identified in paragraph (2) to gather data on sexual orientation, gender identity, and variations in sex characteristics for any survey identified in paragraph (1). (4) Assessment The implementation of a process to routinely assess needed changes in covered survey methods related to asking questions on sexual orientation, gender identity, and variations in sex characteristics. (c) Data reports; waiver (1) Data reports Not later than 3 years after the date of enactment of this Act, any report 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 described 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— (A) the laws, policies, and standards described in subsection (d) cannot be met; or (B) adding such information to the survey would impair the ability of the agency to preserve the utility, accuracy, or objectivity of the survey while also generating relevant evidence about the LGBTQI+ community. (d) Confidentiality Any information collected relating to the sexual orientation, gender identity, or variations in sex characteristics of a covered survey participant shall be maintained in accordance with applicable confidentiality and privacy laws, policies, and standards. (e) Construction Nothing in this Act shall be construed to require an individual to disclose their sexual orientation, gender identity, or variations in sex characteristics to an agency. (f) Report Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation of the requirements of this Act by agencies, including how the implementation of those requirements by agencies affected the provision of services to persons according to the gender identity, sexual orientation, and variations in sex characteristics of the persons. (g) Rule of construction Nothing in this section shall be construed to permit the use of information collected under this section in a manner that— (1) would adversely affect any individual; or (2) is inconsistent with disclosure limitations established in any other law.