119 S3003 IS: Fair Sentencing Act U.S. Senate 2025-10-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 119th CONGRESS 1st Session S. 3003 IN THE SENATE OF THE UNITED STATES October 14, 2025 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the consideration of perceived gender identity in sentencing.

1.

Short title

This Act may be cited as the Fair Sentencing Act.

2.

Prohibiting consideration of gender identity in sentencing

(a)

United States Code

(1)

In general

Section 3553 of title 18, United States Code, is amended— (A) in subsection (a)— (i) by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G) and adjusting the margins accordingly; (ii) in the matter preceding paragraph (1), by striking The court shall and inserting the following: (1)

In general

The court shall ; and (iii) by adding at the end the following: (2)

Prohibited considerations

The court shall not consider the perceived gender identity of the defendant as a mitigating factor, directly relevant to history or rehabilitation. ; and (B) in subsection (g)— (i) by striking Definition of violent offense.—As used in this section, the and inserting the following: “Definitions—In this section: (1)

Perceived gender identity

The term perceived gender identity means the self-identified gender identity of an individual distinct from biological sex. (2)

Violent offense

The . (2)

Conforming amendments

(A)

Cyber Security Enhancement Act of 2002

Section 2207(b)(2)(F) of the Cyber Security Enhancement Act of 2002 (6 U.S.C. 657(b)(2)(F)) is amended by striking section 3553(a)(2) and inserting section 3553(a)(1)(B). (B)

Title 18

Title 18 of the United States Code is amended— (i) in chapter 227— (I) in section 3551, by striking section 3553(a)(2) and inserting section 3553(a)(1)(B); (II) in section 3563— (aa) by striking section 3553(a)(1) and (a)(2) and inserting section 3553(a)(1)(A) and (B); and (bb) by striking section 3553(a)(2) and inserting section 3553(a)(1)(B); and (III) in section 3583, by striking section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7) and inserting subparagraphs (A), (B)(ii), (B)(iii), (B)(iv), (D), (E), (F), and (G) of section 3553(a)(1); and (ii) in section 3742— (I) in subsection (e)(3)(B)(i), by striking section 3353(a)(2) and inserting section 3353(a)(1)(B); (II) in subsection (g)(1), by striking subsection 3553(a)(4) and inserting section 3553(a)(1)(D); and (III) in subsection (j)(A), by striking section 3353(a)(2) and inserting section 3353(a)(1)(B). (C)

Title 28

Chapter 58 of title 28, United States Code, is amended— (i) in section 991, by striking section 3353(a)(2) each place the term appears and inserting section 3353(a)(1)(B); and (ii) in section 994, by striking section 3353(a)(2) each place the term appears and inserting section 3353(a)(1)(B). (b)

Sentencing guidelines

Not later than 30 days after the date of enactment of this Act, the United States Sentencing Commission shall amend the United States Sentencing Commission Guidelines Manual to prohibit the considerations described in section 3553(a)(2), as added by subsection (a), pursuant to its authority under section 994(p) of title 28, United States Code.