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. 
Be it enacted by the Senate and House of Representa-
tives 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 2023’’. 
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: 
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‘‘§ 4052. Bar on housing together prisoners of dif-
ferent sexes 
‘‘(a) DEFINITION.—In this section, the term ‘biologi-
cal sex’ means the biological classification of male and fe-
male in the context of reproductive potential or capacity, 
as indicated by sex chromosomes, naturally occurring sex 
hormones, gonads, and nonambiguous internal and exter-
nal genitalia present at birth. 
‘‘(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, except that persons 
charged with or convicted of offenses against the 
United States who are not of the same biological sex 
may be co-located on a temporary basis, not includ-
ing overnight housing.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 303 of 
title 18, United States Code, is amended by adding 
at the end the following: 
‘‘4052. Bar on housing together prisoners of different sexes.’’. 
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(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 fol-
lowing: 
‘‘(i) BAR ON HOUSING TOGETHER PRISONERS OF 
DIFFERENT SEXES.— 
‘‘(1) DEFINITIONS.—In this subsection, the 
term ‘biological sex’ has 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 At-
torney General a certification that the State— 
‘‘(A) prohibits co-locating in detention fa-
cilities persons charged with or convicted of of-
fenses under the law of the State if those per-
sons are not of the same biological sex, except 
that persons charged with or convicted of of-
fenses against the United States who are not of 
the same biological sex may be co-located on a 
temporary basis, not including overnight hous-
ing; and 
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‘‘(B) requires the use of the biological sex 
of persons charged with or convicted of offenses 
under the law of the State in making deter-
minations regarding housing such persons.’’. 
Æ 
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