S. 3003

119 S3003 IS: Fair Sentencing Act
 U.S. Senate
 2025-10-14
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 3003
  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.
1.
Short title
This Act may be cited as the   Fair Sentencing Act  .
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.