118 HR 8189 IH: Consent is Key Act U.S. House of Representatives 2024-04-30 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.

I118th CONGRESS2d SessionH. R. 8189IN THE HOUSE OF REPRESENTATIVESApril 30, 2024Mrs. Torres of California (for herself, Ms. Bonamici, Ms. Norton, Ms. Lee of California, Ms. Tlaib, Ms. Barragán, Mr. Carter of Louisiana, Ms. Meng, and Mr. Trone) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo encourage States to voluntarily pass laws to authorize civil damages and equitable relief for nonconsensual sexual protection barrier removal, and for other purposes.

1.

Short title

This Act may be cited as the Consent is Key Act.

2.

Increased funding for formula grants authorized

The Attorney General shall increase the amount provided to a State under the covered formula grant if the State has in effect a law that authorizes a civil action, for damages and such equitable relief as may be appropriate, against a person who engages in nonconsensual sexual protection barrier removal.

3.

Application

A State seeking an increase in the amount provided to the State under the covered formula grant shall include in the application of the State for each covered formula grant such information as the Attorney General may reasonably require, including information about the law described in section 2.

4.

Grant increase

The amount of the increase provided to a State under the covered formula grant shall be equal to not more than 20 percent of the average of the total amount of funding provided to the State under the covered formula grant under the 3 most recent awards to the State.

5.

Period of increase

(a)

In general

The Attorney General shall provide an increase in the amount provided to a State under the covered formula grant for a 4-year period.(b)

Limit

The Attorney General may not provide an increase in the amount provided to a State under the covered formula grant more than 4 times.

6.

Authorization of appropriations

There is authorized to be appropriated to carry out this Act $5,000,000 for each of fiscal years 2025 through 2029.

7.

Definitions

In this Act:(1)

Covered formula grant

The term covered formula grant means a grant under section 41601 of the Violence Against Women Act of 1994 (34 U.S.C. 12511 et seq.) (commonly referred to as the Sexual Assault Services Program).(2)

Nonconsensual sexual protection barrier removal

The term nonconsensual sexual protection barrier removal means removal of a sexual protection barrier from a body part, including the genitals, or an object being used by a person for sexual contact with another person without the consent of each person involved in such sexual contact, causing sexual contact between the body parts, including the genitals, or objects being used for sexual contact, and the body of any person engaged in such sexual contact.(3)

Sexual protection barrier

The term sexual protection barrier may include a condom, including an internal condom, a dental dam, or any other barrier against sexual fluids during sexual contact.