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H.R. 3273 (115th): LGBT Data Inclusion Act

The text of the bill below is as of Jul 17, 2017 (Introduced). The bill was not enacted into law.



1st Session

H. R. 3273


July 17, 2017

(for himself, Mr. Schiff, Mr. Heck, Ms. Clark of Massachusetts, Mr. Sean Patrick Maloney of New York, Mr. Langevin, Mr. Cummings, Mr. Meeks, Mr. Moulton, Ms. Brownley of California, Ms. Michelle Lujan Grisham of New Mexico, Ms. Sinema, Ms. DeGette, Ms. Jackson Lee, Mr. Cicilline, Ms. Tsongas, Mr. Aguilar, Ms. McCollum, Mr. Pocan, Mr. Swalwell of California, Ms. Speier, Ms. Norton, Mr. Pallone, Ms. Moore, Mr. Gutiérrez, Mrs. Watson Coleman, Mr. Blumenauer, Mr. Peters, Mr. Welch, Mr. Takano, Mr. Yarmuth, Mr. McGovern, Mrs. Carolyn B. Maloney of New York, Mr. Levin, Ms. Bonamici, Mr. Crowley, Ms. Lee, Mr. Gallego, Mr. Keating, Mr. Huffman, Mr. Deutch, Mr. Quigley, Mr. Garamendi, Mr. Cartwright, Mr. Conyers, Mr. Kildee, Ms. DelBene, Mr. Ted Lieu of California, Ms. Wasserman Schultz, Mr. Cohen, Ms. Frankel of Florida, Ms. DeLauro, Miss Rice of New York, Ms. Slaughter, Mr. Cárdenas, Ms. Schakowsky, Mr. Evans, Ms. Titus, Mr. Carbajal, Mr. Engel, Ms. Pingree, Ms. Velázquez, Ms. Meng, Mrs. Napolitano, Mr. Nadler, Ms. Roybal-Allard, Mr. Larsen of Washington, Ms. Clarke of New York, Mr. Beyer, Ms. Judy Chu of California, Ms. Jayapal, Ms. Sánchez, Mr. Smith of Washington, Mr. Johnson of Georgia, Mr. Higgins of New York, Ms. Hanabusa, Mr. Crist, Mr. Ruiz, Ms. Adams, Mr. Brendan F. Boyle of Pennsylvania, Mr. DeFazio, and Ms. Esty of Connecticut) introduced the following bill; which was referred to the Committee on Oversight and Government Reform


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.


Short title

This Act may be cited as the LGBT Data Inclusion Act.


Requirement to collect data on sexual orientation and gender identity


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:



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



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.


Data collection

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



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


Data reports

Any report published by an agency that relies on survey demographic data shall include information on sexual orientation and gender identity.



Any information collected relating to the sexual orientation or gender identity of a survey participant shall be maintained in accordance with the confidentiality and privacy standards and policies for the protection of individuals applicable to that survey.





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


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.


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.



In this section:



The term agency has the meaning given that term in section 551 of title 5, United States Code.


Demographic data

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


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.


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.



The term survey means a data collection activity involving observation or questionnaires for a sample of a population and includes the decennial census.