Sec. 3. Collection of data
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The Department of Housing and Urban Development Act is amended by inserting after section 12 ( 42 U.S.C. 3537a ) the following new section: Whenever the Secretary collects any demographic data, whether under or pursuant to any program, survey, study, form, or other activity, including the Rental/Homebuyer/Homeowner Rehab Set-Up Report form for the HOME Program under title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12721 et seq. ), the American Healthy Homes Survey conducted by the Office of Healthy Homes and Lead Hazard Control, and any forms involved in the programs for rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), the Secretary shall collect and make available, to the same extent that demographic data is collected and made available, information regarding sexual orientation and gender identity of the same individuals about which demographic data is collected.
The Secretary shall require that any recipient or sub-recipient of assistance within the jurisdiction of the Department (as such term is defined in section 102(m) of the Department of Housing and Urban Development Reform Act of 1989 ( 42 U.S.C. 3545(m) )), including any State or agency or office thereof, unit of local government or agency or office thereof, public housing agency, non-profit or for-profit organization, and any other official or entity, that collects any demographic data under, pursuant to, or in connection with any project, program, initiative, survey, study, form, or other activity conducted with such assistance, such recipient shall collect and make available, to the same extent that demographic data is collected and made available, information regarding sexual orientation and gender identity of the same individuals about which demographic data is collected.
For purposes of this section, the following definitions shall apply: The term demographic data means information about the race or ethnicity, sex, and age of a program or survey participant or population. The term gender identity means, with respect to an individual, such individual’s sense of being male, female, transgender, or another gender, as distinct from the individual’s sex assigned at birth. The term sexual orientation means, with respect to an individual, how such individual identifies in terms of their emotional, romantic, or sexual attractions, and includes identification as straight, heterosexual, gay, lesbian, or bisexual, among other identifications. .
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