II 

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. 

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 2022’’. 

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 ‘‘§ 4051. Bar on housing together prisoners of dif2 ferent sexes 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) BIOLOGICAL SEX.—The term ‘biological 

5 sex’ means the biological classification of male and 

6 female in the context of reproductive potential or ca7 pacity, as indicated by sex chromosomes, naturally 

8 occurring sex hormones, gonads, and nonambiguous 

9 internal and external genitalia present at birth, with10 out regard to a person’s psychological, chosen, or 

11 subjectively experienced sense of identity or gender. 

12 ‘‘(2) GENDER IDENTITY.—The term ‘gender 

13 identity’ means a person’s self-perceived identity, 

14 self-concept, or asserted gender, regardless of the 

15 person’s biological sex. 

16 ‘‘(b) BAR.—The Bureau of Prisons— 

17 ‘‘(1) shall use the biological sex of persons 

18 charged with or convicted of offenses against the 

19 United States in making determinations regarding 

20 housing such persons; and 

21 ‘‘(2) shall not co-locate in detention facilities 

22 persons charged with or convicted of offenses 

23 against the United States if those persons are not 

24 of the same biological sex, unless the Bureau of 

25 Prisons co-locates such persons without regard to 

26 their purported gender identity.’’. 


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1 (2) TECHNICAL AND CONFORMING AMEND2 MENT.—The table of sections for chapter 303 of 

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

4 at the end the following: 

‘‘4051. Bar on housing together prisoners of different sexes.’’. 

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

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

7 U.S.C. 10152) is amended by adding at the end the fol8 lowing: 

9 ‘‘(h) BAR ON HOUSING TOGETHER PRISONERS OF

10 DIFFERENT SEXES.— 

11 ‘‘(1) DEFINITIONS.—In this subsection, the 

12 terms ‘biological sex’ and ‘gender identity’ have the 

13 meanings given such terms in section 4051 of title 

14 18, United States Code. 

15 ‘‘(2) LIMITATION ON ELIGIBILITY FOR

16 FUNDS.—Beginning in the first fiscal year beginning 

17 after the date of enactment of this subsection, a 

18 State may not receive funds under this subpart for 

19 a fiscal year if the State does not submit to the At20 torney General a certification that the State— 

21 ‘‘(A) prohibits co-locating in detention fa22 cilities persons charged with or convicted of of23 fenses under the law of the State if those per24 sons are not of the same biological sex, unless 


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1 the State co-locates such persons without re2 gard to their purported gender identity; and 

3 ‘‘(B) requires the use of the biological sex 

4 of persons charged with or convicted of offenses 

5 under the law of the State in making deter6 minations regarding housing such persons.’’. 

Æ 


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