Preventing Violence Against Female Inmates Act of 2025
- Sponsor
- Sen. Cotton, Tom [R-AR]
- Committees
- Judiciary Committee (primary)
- Last action
- Oct 8, 2025
Bottom line
This bill establishes a federal mandate for sex-segregated prison housing based on biological sex, impacting transgender and intersex individuals, and ties federal funding for states to compliance.
What it actually does
This bill mandates that federal and state prisons house prisoners based on their biological sex, defined by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth. It prohibits co-locating individuals of different biological sexes in detention facilities, with a temporary exception for non-overnight co-location. States must certify compliance with these housing requirements to remain eligible for certain federal funds.
Proponents argue
Proponents argue the bill is necessary to protect the safety, privacy, and dignity of incarcerated cisgender women, particularly from male inmates who identify as female. They contend that housing based on biological sex prevents sexual assault and ensures a secure environment for vulnerable populations within correctional facilities.
Opponents contend
Opponents argue the bill discriminates against transgender and intersex individuals by denying them housing consistent with their gender identity, potentially exposing them to increased risk of violence and harassment in facilities that do not align with their identity. They assert it undermines existing policies aimed at protecting transgender inmates and could lead to significant legal challenges.
The bill is very short and directly states its purpose and provisions, making it accessible for a quick read and evaluation.
Section 2(a)(1), amending Chapter 303 of title 18, United States Code, by adding Section 4052.
Federal Prison Housing Based on Biological Sex
This provision requires the Federal Bureau of Prisons (BOP) to use 'biological sex' (defined as classification based on sex chromosomes, hormones, gonads, and nonambiguous internal/external genitalia at birth) when making housing determinations for federal prisoners. It generally prohibits co-locating individuals of different biological sexes in federal detention facilities, allowing only temporary, non-overnight co-location as an exception.
Supporters argue
Supporters argue this provision ensures the safety and privacy of cisgender women in federal prisons by preventing the housing of individuals assigned male at birth in female facilities, thereby reducing the risk of sexual assault and maintaining secure environments.
Critics contend
Critics contend this provision is discriminatory and harmful to transgender and intersex individuals, particularly transgender women, who would be housed in male facilities against their gender identity, increasing their vulnerability to violence, harassment, and psychological distress.
Tradeoffs
The provision balances the stated goal of protecting cisgender women's safety and privacy against the potential for discrimination and harm to transgender and intersex individuals by denying them housing consistent with their gender identity.
Section 2(b), amending Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152).
State Prison Funding Contingent on Biological Sex Housing
This provision makes states ineligible for certain federal funds under the Omnibus Crime Control and Safe Streets Act of 1968 if they do not certify to the Attorney General that their state detention facilities prohibit co-locating individuals of different biological sexes. States must also certify they use biological sex for housing determinations, with the same temporary, non-overnight exception as federal prisons. This limitation begins in the first fiscal year after enactment.