Fair Sentencing Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3003 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 3003

     To prohibit the consideration of perceived gender identity in 
                              sentencing.


_______________________________________________________________________


                   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.
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