II 

118TH CONGRESS 

1ST SESSION S. 752 

To secure the dignity and safety of incarcerated women. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2023 

Mr. COTTON (for himself, Mr. MARSHALL, Mr. BRAUN, Mr. RUBIO, Mr. GRAHAM, Mr. LEE, Mr. CRUZ, and Mr. DAINES) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Violence 

5 Against Female Inmates Act of 2023’’. 

6 SEC. 2. HOUSING PRISONERS BASED ON SEX. 

7 (a) FEDERAL PRISONS.— 

8 (1) IN GENERAL.—Chapter 303 of title 18, 

9 United States Code, is amended by adding at the 

10 end the following: 


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1 ‘‘§ 4052. Bar on housing together prisoners of dif2 ferent sexes 

3 ‘‘(a) DEFINITION.—In this section, the term ‘biologi4 cal sex’ means the biological classification of male and fe5 male in the context of reproductive potential or capacity, 

6 as indicated by sex chromosomes, naturally occurring sex 

7 hormones, gonads, and nonambiguous internal and exter8 nal genitalia present at birth. 

9 ‘‘(b) BAR.— 

10 ‘‘(1) IN GENERAL.—The Bureau of Prisons— 

11 ‘‘(A) shall use the biological sex of persons 

12 charged with or convicted of offenses against 

13 the United States in making determinations re14 garding housing such persons; and 

15 ‘‘(B) except as provided in paragraph (2), 

16 shall not co-locate in detention facilities persons 

17 charged with or convicted of offenses against 

18 the United States if those persons are not of 

19 the same biological sex. 

20 ‘‘(2) EXCEPTION.—The Bureau of Prisons may 

21 co-locate, on a temporary basis (which shall not in22 clude overnight housing), persons charged with or 

23 convicted of offenses against the United States who 

24 are not of the same biological sex.’’. 

25 (2) TECHNICAL AND CONFORMING AMEND26 MENT.—The table of sections for chapter 303 of 


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1 title 18, United States Code, is amended by adding 

2 at the end the following: 

‘‘4052. Bar on housing together prisoners of different sexes.’’. 

3 (b) STATE PRISONS.—Section 501 of title I of the 

4 Omnibus Crime Control and Safe Streets Act of 1968 (34 

5 U.S.C. 10152) is amended by adding at the end the fol6 lowing: 

7 ‘‘(i) BAR ON HOUSING TOGETHER PRISONERS OF

8 DIFFERENT SEXES.— 

9 ‘‘(1) DEFINITION.—In this subsection, the term 

10 ‘biological sex’ has the meaning given such term in 

11 section 4052 of title 18, United States Code. 

12 ‘‘(2) LIMITATION ON ELIGIBILITY FOR

13 FUNDS.— 

14 ‘‘(A) IN GENERAL.—Beginning in the first 

15 fiscal year beginning after the date of enact16 ment of this subsection, a State may not receive 

17 funds under this subpart for a fiscal year if the 

18 State does not submit to the Attorney General 

19 a certification that the State— 

20 ‘‘(i) except as provided in subpara21 graph (B), prohibits co-locating in deten22 tion facilities persons charged with or con23 victed of offenses under the law of the 

24 State if those persons are not of the same 

25 biological sex; and 


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1 ‘‘(ii) requires the use of the biological 

2 sex of persons charged with or convicted of 

3 offenses under the law of the State in 

4 making determinations regarding housing 

5 such persons. 

6 ‘‘(B) EXCEPTION.—A State may co-locate, 

7 on a temporary basis (which shall not include 

8 overnight housing), persons charged with or 

9 convicted of offenses under the law of the State 

10 who are not of the same biological sex.’’. 

Æ 


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