[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3481 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3481

        To secure the dignity and safety of incarcerated women.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 12 (legislative day, January 10), 2022

  Mr. Cotton introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
        To secure the dignity and safety of incarcerated women.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Violence Against Female 
Inmates Act of 2022''.

SEC. 2. HOUSING PRISONERS BASED ON SEX.

    (a) Federal Prisons.--
            (1) In general.--Chapter 303 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 4051. Bar on housing together prisoners of different sexes
    ``(a) Definitions.--In this section:
            ``(1) Biological sex.--The term `biological sex' means the 
        biological classification of male and female in the context of 
        reproductive potential or capacity, as indicated by sex 
        chromosomes, naturally occurring sex hormones, gonads, and 
        nonambiguous internal and external genitalia present at birth, 
        without regard to a person's psychological, chosen, or 
        subjectively experienced sense of identity or gender.
            ``(2) Gender identity.--The term `gender identity' means a 
        person's self-perceived identity, self-concept, or asserted 
        gender, regardless of the person's biological sex.
    ``(b) Bar.--The Bureau of Prisons--
            ``(1) shall use the biological sex of persons charged with 
        or convicted of offenses against the United States in making 
        determinations regarding housing such persons; and
            ``(2) shall not co-locate in detention facilities persons 
        charged with or convicted of offenses against the United States 
        if those persons are not of the same biological sex, unless the 
        Bureau of Prisons co-locates such persons without regard to 
        their purported gender identity.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 303 of title 18, United States Code, is 
        amended by adding at the end the following:

``4051. Bar on housing together prisoners of different sexes.''.
    (b) State Prisons.--Section 501 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended by 
adding at the end the following:
    ``(h) Bar on Housing Together Prisoners of Different Sexes.--
            ``(1) Definitions.--In this subsection, the terms 
        `biological sex' and `gender identity' have the meanings given 
        such terms in section 4051 of title 18, United States Code.
            ``(2) Limitation on eligibility for funds.--Beginning in 
        the first fiscal year beginning after the date of enactment of 
        this subsection, a State may not receive funds under this 
        subpart for a fiscal year if the State does not submit to the 
        Attorney General a certification that the State--
                    ``(A) prohibits co-locating in detention facilities 
                persons charged with or convicted of offenses under the 
                law of the State if those persons are not of the same 
                biological sex, unless the State co-locates such 
                persons without regard to their purported gender 
                identity; and
                    ``(B) requires the use of the biological sex of 
                persons charged with or convicted of offenses under the 
                law of the State in making determinations regarding 
                housing such persons.''.
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