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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, 2022 Engrossed in House See what changed
Jun 25, 2021viewing 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 Introduced in House to Reported in House. 2 sections amended and 1 added between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the ~~“LGBTQ~~ “LGBTQI+ Data Inclusion Act”.

Sec. 2 Findings

added The Congress finds the following:

(a)

removed ~~Survey requirement—~~ Any agency that collects information through a survey that includes demographic data where subjects either self-report information or a knowledgeable proxy provides information about the subject or responds for all persons in a household shall, not later than 180 days after the date of the enactment of this Act, establish data standards that require, with regard to such a survey the following:

(1)

removed ~~Review—~~ ~~The review of existing data sets to determine in which data sets information about sexual orientation and gender identity is not included.~~

(2)

removed ~~Methods—~~ An identification of appropriate methods to include questions on sexual orientation and gender identity in surveys that facilitate categorization, voluntary participation, and preserve privacy and confidentiality.

(3)

removed ~~Data collection—~~ ~~The use of the appropriate methods identified in paragraph (2) to gather data on sexual orientation and gender identity.~~

(4)

removed ~~Assessment—~~ ~~The implementation of a process to routinely assess needed changes in survey methods related to asking questions on sexual orientation and gender identity.~~

(1)

changed ~~Data reports—~~ ~~Any report published by an agency that relies~~ The National Academies on ~~survey~~ Sciences, Engineering, and Medicine (NASEM), in their 2022 report, found that complete and accurate demographic ~~data shall include~~ information on ~~sexual orientation~~ the LGBTQI+ community should be standardized and ~~gender identity.~~collected.

(2)

changed ~~Confidentiality—~~ ~~Any information collected relating~~ Comprehensive statistics are needed to ~~the sexual orientation or gender identity of a survey participant shall be maintained in accordance with the confidentiality and privacy standards~~ inform public policy and ~~policies for the protection of individuals applicable to that survey.~~Federal programs.

(3)

added 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.

(d)

removed ~~Applicability—~~

(1)

removed ~~Construction—~~ ~~Nothing in this Act shall be construed to require an individual to disclose their sexual orientation or gender identity to an agency.~~

(2)

removed ~~Exemption from penalty—~~ An individual shall not be subject to any fine or other penalty for refusing to answer, or providing a false answer to, any survey question regarding gender identity or sexual orientation, including any fine or penalty under subchapter II of chapter 7 of title 13, United States Code.

(4)

changed ~~Rule of construction—~~ ~~Nothing in this section shall be construed to permit~~ As of the ~~use~~ March release of ~~information collected under this section in a manner that would adversely affect any individual.~~the NASEM report, limited Federal surveys collect data on sexual orientation and gender, with none currently measuring intersex populations.

(f)

removed ~~Definitions—~~ ~~In this section:~~

(1)

removed ~~Agency—~~ ~~The term “agency” has the meaning given that term in section 551 of title 5, United States Code.~~

(2)

removed ~~Demographic data—~~ ~~The term “demographic data” means information about the race or ethnicity, sex, and age of a survey participant or population.~~

(3)

removed ~~Gender identity—~~ ~~The term “gender identity” means an individual’s sense of being male, female, transgender, or another gender, as distinct from the individual’s sex assigned at birth.~~

(4)

removed ~~Sexual orientation—~~ The term “sexual orientation” means how a person identifies in terms of their emotional, romantic, or sexual attractions, and includes identification as straight, heterosexual, gay, lesbian, or bisexual, among other terms.

(5)

removed ~~Survey—~~ ~~The term “survey” means a data collection activity involving observation or questionnaires for a sample of a population and includes the decennial census.~~

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

added

(a)

added 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)

added 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)

added 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)

added 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)

added 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)

added Data reports; waiver—

(1)

added 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)

added 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)

added 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)

added Applicability—

(1)

added 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)

added 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)

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.

(f)

added Definitions— In this section:

(1)

added Agency— The term “agency” has the meaning given that term in section 551 of title 5, United States Code.

(2)

added Covered survey— The term “covered survey” means a survey that includes demographic data in which—

(A)

added a subject self-reports information; or

(B)

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

(3)

added Demographic data— The term “demographic data” means information about the race or ethnicity, sex, and age of a survey participant or population.

(4)

added 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)

added 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 observation or a questionnaire for a sample of a population and includes the decennial census.

(7)

added Variations in sex characteristics— The term “variations in sex characteristics”—

(A)

added 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)

added is sometimes referred to as intersex traits.

H.R. 4176 — what changed

Section 1 Short title

Sec. 2 Findings

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

Cite this provision

Incoming references