S. 3003

119th CONGRESS 1st Session

To prohibit the consideration of perceived gender identity in sentencing.

IN THE SENATE OF THE UNITED STATES · October 14, 2025 · Sponsor: Mr. Cotton · Committee: Committee on the Judiciary

S. 3003
- SEC. 1. Short title
- SEC. 2. Prohibiting consideration of gender identity in sentencing

SEC. 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—
  - In general
    - 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 and inserting the following:
        
        (1) In general
        
        The court shall
      - (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.
    - in subsection (g)—
      - (i) by striking and inserting the following: “—In this section:
        
        (1) Perceived gender identity
        
        The term means the self-identified gender identity of an individual distinct from biological sex. perceived gender identity
        
        (2) Violent offense
        
        The
        
        Violent offense
- (2) Conforming amendments
  - (A) Cyber Security Enhancement Act of 2002
    - Section 2207(b)(2)(F) of the Cyber Security Enhancement Act of 2002 () is amended by striking section 3553(a)(2)and inserting section 3553(a)(1)(B). 6 U.S.C. 657(b)(2)(F)
  - (B) Title 18
    - Title 18 of the United States Code is amended—
      - (i) in chapter 227—
      - in section 3551, by striking section 3553(a)(2)and inserting section 3553(a)(1)(B);
      - in section 3563—
      - by striking section 3553(a)(1) and (a)(2)and inserting section 3553(a)(1)(A) and (B); and
      - by striking section 3553(a)(2)and inserting section 3553(a)(1)(B); and
      - 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—
      - in subsection (e)(3)(B)(i), by striking section 3353(a)(2)and inserting section 3353(a)(1)(B);
      - in subsection (g)(1), by striking subsection 3553(a)(4)and inserting section 3553(a)(1)(D); and
      - in subsection (j)(A), by striking section 3353(a)(2)and inserting section 3353(a)(1)(B).
  - (C) Title 28
    - of title 28, United States Code, is amended— Chapter 58
      - (i) in section 991, by striking each place the term appears and inserting section 3353(a)(1)(B); and
      - (ii) in section 994, by striking 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.

S. 3003

Table of contents

SEC. 1. Short title

SEC. 2. Prohibiting consideration of gender identity in sentencing