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Jul 11, 2022 Referred in Senate Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs See what changed
Jun 23, 2022viewing Engrossed in House See what changed
Jun 25, 2021 Reported in House 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 See what changed
Jun 25, 2021 Introduced in House 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

H.R. 4176 — what changed

LGBTQI+ Data Inclusion Act

From Reported in House to Engrossed in House. 2 sections amended between Reported in House and Engrossed in House.

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.

(5)

added 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.

Sec. 3 Requirement to collect data on sexual orientation, gender identity, and variations in sex characteristics

(a)

changed 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 for statistical purposes shall establish data standards that require, with regard to the survey, the following:

(1)

changed Review— The review of ~~existing data sets~~ covered surveys to determine in which ~~data sets~~ surveys information about sexual orientation, gender identity, and variations in sex characteristics is not included.

(2)

changed 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.~~confidentiality, including protocols for anonymizing data collected and destroying personally-identifiable information at the appropriate time and not later than three years after the date on which the information is collected.

(3)

changed 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.~~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.

(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)

changed Waiver— The ~~head~~ statistical official (as described in section 314 of title 5, United States Code) of each agency, or the ~~statistical unit~~ head of an 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 the standards and policies in subsection (c) can not be ~~met.~~met, or if 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.

(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)

removed ~~Applicability—~~

(d)

renumbered was (5)(2) 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)

removed ~~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)

changed ~~Rule of construction—~~Report— ~~Nothing in~~ Not later than 2 years after the date of the enactment of this ~~section~~ Act, the Comptroller General shall ~~be construed~~ provide a report to ~~permit~~ Congress on the ~~use~~ implementation of ~~information collected under~~ the requirements of this ~~section~~ Act by agencies, including how the implementation of such requirements by agencies affected the provision of services to persons according to the gender identity, sexual orientation, and variations in ~~a manner that would adversely affect any individual.~~sex characteristics of the persons.

(f)

added 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, or that is inconsistent with disclosure limitations established in any other law.

(g)

renumbered was (7) Definitions— In this section:

(1)

renumbered was (7)(3) Agency— The term “agency” has the meaning given that term in section 551 of title 5, United States Code.

(2)

renumbered was (7)(4) Covered survey— The term “covered survey” means a survey that includes demographic data in which—

(A)

renumbered was (7)(4)(3) a subject self-reports information; or

(B)

added 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.

(B)

removed ~~a knowledgeable proxy provides information about the subject or responds for all individuals in a household.~~

(3)

renumbered was (7)(5) Demographic data— The term “demographic data” means information about the race or ethnicity, sex, and age of a survey participant or population.

(4)

renumbered was (7)(6) 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)

renumbered was (7)(7) 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)

added Survey— The term “survey” means a data collection activity involving a questionnaire for a sample of a population and includes the decennial census.

(6)

removed ~~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)

renumbered was (7)(9) Variations in sex characteristics— The term “variations in sex characteristics”—

(A)

renumbered was (7)(9)(3) 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)

renumbered was (7)(9)(4) is sometimes referred to as intersex traits.

H.R. 4176 — what changed

Sec. 2 Findings

Sec. 3 Requirement to collect data on sexual orientation, gender identity, and variations in sex characteristics

Cite this provision

Incoming references