S3003-119

1. Short title This Act may be cited as the Fair Sentencing Act.

2. Prohibiting consideration of gender identity in sentencing Section 3553 of title 18, United States Code, is amended— in subsection (a)— by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G) and adjusting the margins accordingly; in the matter preceding paragraph (1), by striking The court shall and inserting the following: The court shall by adding at the end the following: 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)— by striking Definition of violent offense.—As used in this section, the and inserting the following: “Definitions—In this section: The term perceived gender identity means the self-identified gender identity of an individual distinct from biological sex. The 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). Title 18 of the United States Code is amended— 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 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). Chapter 58 of title 28, United States Code, is amended— in section 991, by striking section 3353(a)(2) each place the term appears and inserting section 3353(a)(1)(B); and in section 994, by striking section 3353(a)(2) each place the term appears and inserting section 3353(a)(1)(B). 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. (1) In general The court shall ; and (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 (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 .