G:\OFFICE\RAMSEYER\R17\RH\H4176_RH.XMLXXXXXXXXXXXXX6/15/2022 11:10XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX [Discussion Draft] XXXXXX (Original Signature of Member) [DISCUSSION DRAFT]

I Union Calendar No. 117th CONGRESS2d Session H. R. 4176 [Report No. 117–] 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, 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 --, 2022 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on June 25, 2021 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.

1.

Short title

This Act may be cited as the LGBTQI+ Data Inclusion Act.

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.

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..