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Requires the Bureau of Prisons to place and transport people in its custody only with others of the same biological sex and forbids the Bureau from furnishing or paying for any gender‑related medical treatment. The text defines key terms (e.g., "biological sex," "male," "female," "gender," and "gender‑related medical treatment") and gives examples and exclusions for what counts as gender‑related care. The change directs immediate policy shifts for federal prison housing, movement, and medical benefit decisions: housing and transport will be assigned by declared biological sex, and Bureau funding or provision of treatments related to gender identity (such as hormone therapy and surgeries) is barred under the law as defined in the section.
The Bureau of Prisons shall ensure that a prisoner is placed, during that prisoner’s term of imprisonment, only among prisoners of the same biological sex as the prisoner.
The Bureau of Prisons shall ensure that a prisoner, when transported in the company of other prisoners, is only transported among prisoners of the same biological sex as the prisoner.
The Bureau of Prisons may not furnish or pay for any gender-related medical treatment.
Definition — "biological sex": means the biological determination as to whether an individual is male or female (for purposes of subsection (j)).
Definition — "female": means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization (for purposes of subsection (j)).
Who is affected and how:
People incarcerated in federal prisons: The rule directs that housing, cell assignments, and transport must be made by biological sex. People who are transgender or who have a gender identity different from their biological sex could be moved into facilities or units that do not match their gender identity. Those who previously received gender‑related care paid or arranged by the Bureau would no longer have that care furnished or funded by the Bureau under this provision as defined by the statute.
Transgender people and people seeking gender‑affirming care: They are directly affected. Loss of Bureau‑funded hormone therapy, surgeries, or other gender‑related treatments (as defined) may cause interruption of care, mental‑health harms, and medical risks. Housing rules may raise safety and privacy concerns for some individuals.
Bureau of Prisons personnel and administrators: Must change intake, classification, transport, and medical‑authorization procedures, update policies, train staff, and monitor compliance. Medical staff will face constraints on what care they can provide or authorize with Bureau funding.
Health care providers (inside and contracted by the Bureau): Providers will see shifts in which services the Bureau will pay for or permit; some treatments for gender dysphoria or gender transition may be disallowed for Bureau payment though emergency or unrelated medically necessary care is still governed by clinical standards and other law.
Civil rights and legal advocates: Expect to be involved in challenges or compliance oversight. The change raises legal questions under the Eighth Amendment (adequacy of care), the Administrative Procedure Act for agency policy changes, and antidiscrimination principles, which could produce litigation and court orders.
Broader effects and risks:
Safety and health: Forced changes in housing or removal of covered treatments may increase mental‑health crisis risk and create safety concerns within facilities.
Administrative burden: BOP will need to operationalize definitions and exclusions, revise forms and records systems, and potentially reconfigure housing units or transfer practices.
Legal exposure: The restriction on Bureau‑funded gender‑related care and the housing mandate are both likely to prompt lawsuits alleging inadequate medical care, discrimination, or constitutional violations; courts may issue injunctions affecting implementation.
Scope: The provision amends federal law applicable to Bureau operations; it does not directly bind state or local correctional systems, though it may influence policy debates elsewhere.
Referred to the House Committee on the Judiciary.
Introduced February 5, 2025 by Nancy Mace · Last progress February 5, 2025
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Referred to the House Committee on the Judiciary.
Introduced in House