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House Bill 4176
117th Congress(2021-2022)
LGBTQI+ Data Inclusion Act
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Passed House on Jun 23, 2022
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H. R. 4176 (Reported-in-House)

Union Calendar No. 289

117th CONGRESS
2d Session
H. R. 4176

[Report No. 117–378]


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 HOUSE OF REPRESENTATIVES

June 25, 2021

Mr. Grijalva (for himself, Ms. Pingree, Ms. Lois Frankel of Florida, Mrs. Carolyn B. Maloney of New York, Mr. Morelle, Ms. Schakowsky, Mr. Pappas, Mr. Brown of Maryland, Mr. Carson, Mr. Lynch, Ms. Moore of Wisconsin, Ms. Bonamici, Ms. Norton, Ms. Sánchez, Mr. Auchincloss, Mrs. Dingell, Mrs. Hayes, Mr. Kilmer, Ms. Kuster, Mr. Peters, Miss Rice of New York, Mr. Tonko, Mr. Lowenthal, Ms. Titus, Mr. Cicilline, Mr. Blumenauer, Mrs. Watson Coleman, Mrs. Demings, Ms. Eshoo, Mr. Langevin, Mr. Smith of Washington, Mr. Jones, Ms. Lee of California, Mr. Danny K. Davis of Illinois, Ms. DeGette, Ms. DelBene, Mr. Espaillat, Mr. Foster, Mr. García of Illinois, Mr. Johnson of Georgia, Ms. Porter, Ms. Pressley, Ms. Stevens, Ms. Williams of Georgia, Ms. Waters, Mr. Raskin, Ms. McCollum, Mr. Quigley, Mr. Suozzi, Ms. Jayapal, Ms. Dean, Mr. Malinowski, Mr. Moulton, Mr. Welch, Mr. Deutch, Ms. Chu, Ms. Meng, Ms. Bass, Mr. Brendan F. Boyle of Pennsylvania, Mr. Carbajal, Mr. Cárdenas, Mr. Kildee, Mr. Soto, Mr. Case, Mr. Takano, Mr. Torres of New York, Mr. Gallego, Ms. Newman, Ms. Brownley, Ms. Leger Fernandez, Ms. Slotkin, Mr. Nadler, Ms. Barragán, Mr. Costa, Mr. McGovern, Mr. Norcross, Mr. Pallone, Ms. Wilson of Florida, and Mr. Bowman) introduced the following bill; which was referred to the Committee on Oversight and Reform

June 21, 2022

Additional sponsors: Mr. DeFazio, Mr. Carter of Louisiana, Mr. Higgins of New York, Ms. Castor of Florida, Mr. Yarmuth, Ms. Davids of Kansas, Mr. Kahele, Mr. Sean Patrick Maloney of New York, Mr. Pocan, Mr. Garamendi, Mr. Aguilar, Mr. Panetta, Mr. DeSaulnier, Mrs. Napolitano, Mr. Sherman, Ms. Roybal-Allard, Mr. Vargas, Mr. Correa, Mr. Schiff, Mr. Huffman, Mr. Gomez, Mr. Bera, Mrs. Lee of Nevada, Ms. Wasserman Schultz, Ms. Lofgren, Ms. Clark of Massachusetts, Mr. Casten, Mr. Horsford, Mrs. Torres of California, Mr. Swalwell, Ms. Speier, Ms. Jacobs of California, Mr. Khanna, Mr. Ruiz, Ms. Scanlon, Ms. Wexton, Ms. Omar, Mr. Cohen, Ms. Clarke of New York, Mr. Cartwright, Mr. Trone, Mr. Evans, Mr. Levin of California, Mr. Larson of Connecticut, Ms. Matsui, Mr. Connolly, Ms. Blunt Rochester, Ms. Stansbury, Mr. Crow, and Mrs. Lawrence

June 21, 2022

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

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 “LGBTQI+ Data Inclusion Act”.

SEC. 2. Findings.

The Congress finds the following:

(1) The National Academies on Sciences, Engineering, and Medicine (NASEM), in their 2022 report, found that complete and accurate demographic information on the LGBTQI+ community should be standardized and collected.

(2) Comprehensive statistics are needed to inform public policy and Federal programs.

(3) 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.

(4) 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.

SEC. 3. Requirement to collect data on sexual orientation, gender identity, and variations 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 shall establish data standards that require, with regard to the survey, the following:

(1) REVIEW.—The review of existing data sets to determine in which data sets 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.

(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.

(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.

(b) Data reports; waiver.—

(1) DATA REPORTS.—Not later than 3 years after the date of the 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 head of the statistical unit of an agency 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.

(c) 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.

(d) Applicability.—

(1) 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.

(2) EXEMPTION FROM PENALTY.—An individual is not subject to any fine or other penalty for refusing to answer any survey question regarding gender identity, sexual orientation, or variations in sex characteristics, including any fine or penalty under subchapter II of chapter 7 of title 13, United States Code.

(e) 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.

(f) 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 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” means a data collection activity involving observation or 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 chromosome patterns), that differ 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.

Amend the title so as to read: “A bill to improve Federal populations 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.”.

Union Calendar No. 289

117th CONGRESS
     2d Session
H. R. 4176
[Report No. 117–378]
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.
June 21, 2022
Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed