Rules for housing or transportation based on gender; limitation on gender-affirming care

Section 3621 of title 18, United States Code, is amended by adding at the end the following:

(j)

Rules for housing or transportation based on gender; limitation on gender-Affirming care

Notwithstanding any other provision of law, the Bureau of Prisons—(1)shall ensure that a prisoner is placed, during that prisoner’s term of imprisonment, only among prisoners of the same biological sex as the prisoner;(2)shall ensure that a prisoner, when transported in the company of other prisoners, is only transported among prisoners of the same biological sex as the prisoner; and(3)may not furnish or pay for any gender-related medical treatment. (k)

Definitions

For purposes of subsection (j):(1)

Biological sex

The term biological sex means the biological determination as to whether an individual is male or female.(2)

Female

The term female means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization. (3)

Male

The term male means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization.(4)

Gender

The term gender—(A)means—(i)males, females, or the natural differences between males and females, unless such term is otherwise specified or used alone (rather than with or as an adjective modifying other words); and(ii)a synonym for sex; and(B)does not mean a synonym for terms or ideas such as gender identity, experienced gender, gender expression, or gender roles(5)

Gender-related medical treatment

The term gender-related medical treatment—(A)means—(i)with respect to a female individual, medical treatments provided for purposes of addressing the perception of such individual that the gender or sex of such individual is not female, including—(I)surgical procedures, including—(aa)vaginectomy;(bb)hysterectomy;(cc)oophorectomy;(dd)reconstruction of the urethra;(ee)metoidioplasty;(ff)phalloplasty;(gg)salpingo-oophorectomy;(hh)scrotoplasty;(ii)implantation of erection or testicular protheses;(jj)subcutaneous mastectomy;(kk)vocal cord surgery;(ll)pectoral implants; and(mm)penile transplantation;(II)exogenous doses of testosterone or other androgens;(III)puberty blockers, including—(aa)GnRH agonists; and(bb)synthetic drugs that suppress the production of estrogen and progesterone or delay or suppress pubertal development in female individuals; and(IV)such other medical treatment, identified by the Director of the Federal Bureau of Prisons, that may be provided for purposes of addressing the perception of such individual that the gender or sex of such individual is not female; and(ii)with respect to a male individual, medical treatments provided for purposes of addressing the perception of such individual that the gender or sex of such individual is not male, including—(I)surgical procedures, including—(aa)penectomy;(bb)orchiectomy;(cc)vaginoplasty;(dd)clitoroplasty;(ee)vulvoplasty;(ff)augmentation mammoplasty;(gg)facial feminization surgery;(hh)vocal cord surgery;(ii)chondrolaryngoplasty;(jj)gluteal augmentation; and(kk)uterine transplantation;(II)exogenous doses of estrogen;(III)puberty blockers, including—(aa)GnRH agonists; and(bb)synthetic drugs that suppress the production of testosterone or delay or suppress pubertal development in male individuals; and(IV)such other medical treatment, identified by the Director of the Federal Bureau of Prisons, that may be provided for purposes of addressing the perception of such individual that the gender or sex of such individual is not male; and(B)does not include any medical treament performed on an individual for the purposes of treating—(i)a disorder of sex development, diagnosed by a physician after such physician has determined through genetic or biochemical testing that such individual does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action;(ii)irresolvably ambiguous biological sex characteristics of such individual, including the presence of— (I)46 XX chromosomes with virilization; (II)46 XY chromosomes with undervirilization; or (III)both ovarian and testicular tissue; or(iii)an infection, injury, disease, or disorder caused or exacerbated by gender-related medical treatment that was furnished to an individual.