Federal prisons would separate people by biological sex for housing

The Bureau of Prisons would use biological sex to decide where people are housed and keep males and females separate. These rules would cover people charged with or convicted of federal offenses who are housed by the Bureau of Prisons. The definition classifies people as male or female using reproductive traits, including chromosomes, naturally occurring hormones, and anatomy present at birth. Temporary placement together would be allowed, but it could not include overnight housing.

States would have to certify matching detention housing rules to receive the federal funds covered by this provision. The certification would cover people charged with or convicted of state offenses in detention facilities. States would have to certify to the Attorney General that they require housing decisions based on the same definition of biological sex used for federal prisons. Their rules would have to prohibit placing males and females together, except temporarily without overnight housing. The funding condition would start in the first fiscal year beginning after enactment and apply each fiscal year.