S 3003

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IN THE SENATE OF THE UNITED STATES

October 14, 2025

Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To prohibit the consideration of perceived gender identity in sentencing.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the “Fair Sentencing Act”.

SEC. 2. PROHIBITING CONSIDERATION OF GENDER IDENTITY IN SENTENCING.

(a) United States Code.—

(1) In general.—Section 3553 of title 18, United States Code, is amended—

(A) in subsection (a)—

(i) by redesignating paragraphs (1) through

(7) as subparagraphs (A) through (G) and adjusting the margins accordingly;

(ii) in the matter preceding paragraph (1), by striking “The court shall” and inserting the following:

“(1) In general.—The court shall”; and

(iii) by adding at the end the following:

“(2) Prohibited considerations.—The court shall not consider the perceived gender identity of the defendant as a mitigating factor, directly relevant to history or rehabilitation.”; and

(B) in subsection (g)—

(i) by striking “Definition of Violent Offense.—As used in this section, the” and inserting the following: “Definitions—In this section:

“(1) Perceived gender identity.—The term ‘perceived gender identity’ means the self-identified gender identity of an individual distinct from biological sex.

“(2) Violent offense.—The”.

(2) Conforming amendments.—

(A) Cyber security enhancement act of 2002.— Section 2207(b)(2)(F) of the Cyber Security Enhancement Act of 2002 (6 U.S.C. 657(b)(2)(F)) is amended by striking “section 3553(a)(2)” and inserting “section 3553(a)(1)(B)”.

(B) Title 18.—Title 18 of the United States Code is amended—

(i) in chapter 227—

(I) in section 3551, by striking “section 3553(a)(2)” and inserting “section 3553(a)(1)(B)”;

(II) in section 3563— (aa) by striking “section 3553(a)(1) and (a)(2)” and inserting “section 3553(a)(1)(A) and (B)”; and (bb) by striking “section 3553(a)(2)” and inserting “section 3553(a)(1)(B)”; and

(III) in section 3583, by striking “section 3553(a)(1), (a)(2)(B),

(a)(2)(C), (a)(2)(D), (a)(4), (a)(5),

(a)(6), and (a)(7)” and inserting “subparagraphs (A), (B)(ii), (B)(iii),

(B)(iv), (D), (E), (F), and (G) of section 3553(a)(1)”; and

(ii) in section 3742—

(I) in subsection (e)(3)(B)(i), by striking “section 3353(a)(2)” and inserting “section 3353(a)(1)(B)”;

(II) in subsection (g)(1), by striking “subsection 3553(a)(4)” and inserting “section 3553(a)(1)(D)”; and

(III) in subsection (j)(A), by striking “section 3353(a)(2)” and inserting “section 3353(a)(1)(B)”.

(C) Title 28.—Chapter 58 of title 28, United States Code, is amended—

(i) in section 991, by striking “section 3353(a)(2)” each place the term appears and inserting “section 3353(a)(1)(B)”; and

(ii) in section 994, by striking “section 3353(a)(2)” each place the term appears and inserting “section 3353(a)(1)(B)”.

(b) Sentencing Guidelines.—Not later than 30 days after the date of enactment of this Act, the United States Sentencing Commission shall amend the United States Sentencing Commission Guidelines Manual to prohibit the considerations described in section 3553(a)(2), as added by subsection (a), pursuant to its authority under section 994(p) of title 28, United States Code. <all>