,,ii #aahth ,,congress #ast ,session ,s4 #ahci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #g1 #bjbc,ms4 ,baldwin 7for herself1 ,mr4 ,merkley1 ,mr4 ,booker1 ,ms4 ,warren1 ,mr4 ,blumenthal1 ,mr4 ,padilla1 ,mr4 ,fetterman1 ,mr4 ,murphy1 ,mr4 ,durbin1 ,mrs4 ,murray1 ,mr4 ,markey1 ,mr4 ,whitehouse1 ,mrs4 ,feinstein1 ,mr4 ,brown1 ,mr4 ,menendez1 and ,mr4 ,cardin7 introduced the following bill2 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 voluntary1 self-disclosed information on sexual orientation1 gender identity1 and variations in sex characteristics in certain surveys1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,lgbtqi ,data ,inclusion ,act4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,in its #bjbc ,federal ,evidence ,agenda on ,,lgbtqi ,equity1 the ,subcommittee on ,sexual ,orientation1 ,gender ,identity1 and ,variations in ,sex ,characteristics 7in this section referred to as ,,sogi7 ,data that operates as part of the ,subcommittee on ,equitable ,data of the ,national ,science and ,technology ,council found that-- 7,a7 ,,sogi data collection can and should become part of standard demographic data collection throughout ,federal agencies2 and 7,b7 the collection of quality data on ,,lgbtqi populations is essential for evidence-based policymaking and programmatic decision making4 7#b7 ,the ,national ,academies on ,sciences1 ,engineering1 and ,medicine 7in this section referred to as ,,nasem71 in their #bjbb report1 found that complete and accurate demographic information on the ,,lgbtqi community should be standardized and collected4 7#c7 ,comprehensive statistics are needed to inform public policy and ,federal programs4 7#d7 ,the availability of data also has a critical role in ensuring that any disparities in areas like health outcomes1 housing1 and employment can be addressed4 7#e7 ,as of the ,march release of the ,,nasem report1 limited ,federal surveys collect data on sexual orientation and gender1 with none currently measuring intersex populations4 7#f7 ,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 relevance1 timeliness1 accuracy1 objectivity1 and ability to maintain confidentiality4 #c4 ,requirement to collect data on sexual orientation1 gender identity1 and variations in sex characteristics 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,covered survey ,the term covered survey means a survey that includes demographic data in which-- 7,a7 a subject self-reports information2 or 7,b7 a knowledgeable proxy 7including a proxy of a deceased individual1 if applicable7 provides information about the subject or responds for all individuals in a household4 7#c7 ,demographic data ,the term demographic data means information about the race or ethnicity1 sex1 and age of a survey participant or population4 7#d7 ,gender identity ,the term gender identity means the gender-related identity1 appearance1 mannerism1 or other gender-related characteristic of an individual1 regardless of the designated sex at birth of the individual4 7#e7 ,sexual orientation ,the term sexual orientation means how a person identifies in terms of their emotional1 romantic1 or sexual attraction1 and includes identification as straight1 heterosexual1 gay1 lesbian1 or bisexual1 among other terms4 7#f7 ,survey ,the term survey-- 7,a7 means a data collection activity involving a questionnaire for a sample of a population2 and 7,b7 includes the decennial census4 7#g7 ,variations in sex characteristics ,the term variations in sex characteristics-- 7,a7 means a physical trait present at birth or naturally occurring at a later time1 including genitals1 gonads1 hormone function1 and chromosome patterns1 that differs from normative expectations for male or female bodies regarding the development1 appearance1 or function of sex-related characteristics2 and 7,b7 is sometimes referred to as intersex traits4 7b7 ,survey requirement ,not later than #cfj days after the date of enactment of this ,act1 the head of any agency that collects information through a covered survey for statistical purposes shall establish data standards that require1 with regard to the survey1 the following3 7#a7 ,review ,the review of covered surveys to determine in which surveys information about sexual orientation1 gender identity1 and variations in sex characteristics is not included4 7#b7 ,methods ,an identification of appropriate methods to include questions on sexual orientation1 gender identity1 and variations in sex characteristics in covered surveys that facilitate categorization and voluntary participation and preserve privacy and confidentiality1 including protocols for anonymizing data collected and destroying personally identifiable information at the appropriate time and not later than #c years after the date on which the information is collected4 7#c7 ,data collection ,the use of the appropriate methods identified in paragraph 7#b7 to gather data on sexual orientation1 gender identity1 and variations in sex characteristics for any survey identified in paragraph 7#a74 7#d7 ,assessment ,the implementation of a process to routinely assess needed changes in covered survey methods related to asking questions on sexual orientation1 gender identity1 and variations in sex characteristics4 7c7 ,data reports2 waiver 7#a7 ,data reports ,not later than #c years after the date of enactment of this ,act1 any report published by an agency that relies on covered survey demographic data shall include information on sexual orientation1 gender identity1 and variations in sex characteristics4 7#b7 ,waiver ,the statistical official 7as described in section #cad of title #e1 ,united ,states ,code7 of each agency1 or the head of the agency1 for any agency that does not have a statistical official1 may waive the requirement under paragraph 7#a71 on a case-by-case basis1 if-- 7,a7 the laws1 policies1 and standards described in subsection 7d7 cannot be met2 or 7,b7 adding such information to the survey would impair the ability of the agency to preserve the utility1 accuracy1 or objectivity of the survey while also generating relevant evidence about the ,,lgbtqi community4 7d7 ,confidentiality ,any information collected relating to the sexual orientation1 gender identity1 or variations in sex characteristics of a covered survey participant shall be maintained in accordance with applicable confidentiality and privacy laws1 policies1 and standards4 7e7 ,construction ,nothing in this ,act shall be construed to require an individual to disclose their sexual orientation1 gender identity1 or variations in sex characteristics to an agency4 7f7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the implementation of the requirements of this ,act by agencies1 including how the implementation of those requirements by agencies affected the provision of services to persons according to the gender identity1 sexual orientation1 and variations in sex characteristics of the persons4 7g7 ,rule of construction ,nothing in this section shall be construed to permit the use of information collected under this section in a manner that-- 7#a7 would adversely affect any individual2 or 7#b7 is inconsistent with disclosure limitations established in any other law4