[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1839 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1839
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.
_______________________________________________________________________
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.
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) 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.
SEC. 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.
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