to disclose their sexual orientation or gender identity to an agency. (2) 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. (e) 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) Definitions In this section: (1) Agency The term agency has the meaning given that term in section 551 of title 5, United States Code. (2) Demographic data The term demographic data means information about the race or ethnicity, sex, and age of a survey participant or population. (3) 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) 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) Survey The term survey means a data collection activity involving observation or questionnaires for a sample of a population and includes the decennial census.