Text of US SB 3481 (2022)

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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Preventing Violence 4 Against Female Inmates Act of 2022’’. 5 SEC. 2. HOUSING PRISONERS BASED ON SEX. 6 (a) FEDERAL PRISONS.— 7 (1) IN GENERAL.—Chapter 303 of title 18, 8 United States Code, is amended by adding at the 9 end the following: 10 VerDate Sep 11 2014 23:55 Jan 12, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3481.IS S3481 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3481 IS ‘‘§ 4051. Bar on housing together prisoners of dif- 1 ferent sexes 2 ‘‘(a) DEFINITIONS.—In this section: 3 ‘‘(1) BIOLOGICAL SEX.—The term ‘biological 4 sex’ means the biological classification of male and 5 female in the context of reproductive potential or ca- 6 pacity, as indicated by sex chromosomes, naturally 7 occurring sex hormones, gonads, and nonambiguous 8 internal and external genitalia present at birth, with- 9 out regard to a person’s psychological, chosen, or 10 subjectively experienced sense of identity or gender. 11 ‘‘(2) GENDER IDENTITY.—The term ‘gender 12 identity’ means a person’s self-perceived identity, 13 self-concept, or asserted gender, regardless of the 14 person’s biological sex. 15 ‘‘(b) BAR.—The Bureau of Prisons— 16 ‘‘(1) shall use the biological sex of persons 17 charged with or convicted of offenses against the 18 United States in making determinations regarding 19 housing such persons; and 20 ‘‘(2) shall not co-locate in detention facilities 21 persons charged with or convicted of offenses 22 against the United States if those persons are not 23 of the same biological sex, unless the Bureau of 24 Prisons co-locates such persons without regard to 25 their purported gender identity.’’. 26 VerDate Sep 11 2014 23:55 Jan 12, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3481.IS S3481 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3481 IS (2) TECHNICAL AND CONFORMING AMEND- 1 MENT.—The table of sections for chapter 303 of 2 title 18, United States Code, is amended by adding 3 at the end the following: 4 ‘‘4051. Bar on housing together prisoners of different sexes.’’. (b) STATE PRISONS.—Section 501 of title I of the 5 Omnibus Crime Control and Safe Streets Act of 1968 (34 6 U.S.C. 10152) is amended by adding at the end the fol- 7 lowing: 8 ‘‘(h) BAR ON HOUSING TOGETHER PRISONERS OF 9 DIFFERENT SEXES.— 10 ‘‘(1) DEFINITIONS.—In this subsection, the 11 terms ‘biological sex’ and ‘gender identity’ have the 12 meanings given such terms in section 4051 of title 13 18, United States Code. 14 ‘‘(2) LIMITATION ON ELIGIBILITY FOR 15 FUNDS.—Beginning in the first fiscal year beginning 16 after the date of enactment of this subsection, a 17 State may not receive funds under this subpart for 18 a fiscal year if the State does not submit to the At- 19 torney General a certification that the State— 20 ‘‘(A) prohibits co-locating in detention fa- 21 cilities persons charged with or convicted of of- 22 fenses under the law of the State if those per- 23 sons are not of the same biological sex, unless 24 VerDate Sep 11 2014 23:55 Jan 12, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3481.IS S3481 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3481 IS the State co-locates such persons without re- 1 gard to their purported gender identity; and 2 ‘‘(B) requires the use of the biological sex 3 of persons charged with or convicted of offenses 4 under the law of the State in making deter- 5 minations regarding housing such persons.’’. 6 Æ VerDate Sep 11 2014 23:55 Jan 12, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S3481.IS S3481 kjohnson on DSK79L0C42PROD with BILLS