I 

118TH CONGRESS 

1ST SESSION H. R. 1490 

To secure the dignity and safety of incarcerated women. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2023 

Mr. CRAWFORD (for himself, Mr. DONALDS, Mr. WEBER of Texas, Mr. 

BACON, Mr. BUCSHON, and Mr. LAMALFA) introduced the following bill; 

which was 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.—The Bureau of Prisons— 

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

11 charged with or convicted of offenses against the 

12 United States in making determinations regarding 

13 housing such persons; and 

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

15 persons charged with or convicted of offenses 

16 against the United States if those persons are not 

17 of the same biological sex, except that persons 

18 charged with or convicted of offenses against the 

19 United States who are not of the same biological sex 

20 may be co-located on a temporary basis, not includ21 ing overnight housing.’’. 

22 (2) TECHNICAL AND CONFORMING AMEND23 MENT.—The table of sections for chapter 303 of 

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

25 at the end the following: 

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


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

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

3 U.S.C. 10152) is amended by adding at the end the fol4 lowing: 

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

6 DIFFERENT SEXES.— 

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

8 term ‘biological sex’ has the meanings given such 

9 terms in section 4051 of title 18, United States 

10 Code. 

11 ‘‘(2) LIMITATION ON ELIGIBILITY FOR

12 FUNDS.—Beginning in the first fiscal year beginning 

13 after the date of enactment of this subsection, a 

14 State may not receive funds under this subpart for 

15 a fiscal year if the State does not submit to the At16 torney General a certification that the State— 

17 ‘‘(A) prohibits co-locating in detention fa18 cilities persons charged with or convicted of of19 fenses under the law of the State if those per20 sons are not of the same biological sex, except 

21 that persons charged with or convicted of of22 fenses against the United States who are not of 

23 the same biological sex may be co-located on a 

24 temporary basis, not including overnight hous25 ing; and 


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

2 of persons charged with or convicted of offenses 

3 under the law of the State in making deter4 minations regarding housing such persons.’’. 

Æ 


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