I 

118TH CONGRESS 

2D SESSION H. R. 8189 

To encourage States to voluntarily pass laws to authorize civil damages 

and equitable relief for nonconsensual sexual protection barrier removal, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2024 

Mrs. TORRES of California (for herself, Ms. BONAMICI, Ms. NORTON, Ms. LEE

of California, Ms. TLAIB, Ms. BARRAGA ́N, Mr. CARTER of Louisiana, Ms. 

MENG, and Mr. TRONE) introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL 

To encourage States to voluntarily pass laws to authorize 

civil damages and equitable relief for nonconsensual sexual protection barrier removal, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consent is Key Act’’. 

5 SEC. 2. INCREASED FUNDING FOR FORMULA GRANTS AU6 THORIZED. 

7 The Attorney General shall increase the amount pro8 vided to a State under the covered formula grant if the 


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1 State has in effect a law that authorizes a civil action, 

2 for damages and such equitable relief as may be appro3 priate, against a person who engages in nonconsensual 

4 sexual protection barrier removal. 

5 SEC. 3. APPLICATION. 

6 A State seeking an increase in the amount provided 

7 to the State under the covered formula grant shall include 

8 in the application of the State for each covered formula 

9 grant such information as the Attorney General may rea10 sonably require, including information about the law de11 scribed in section 2. 

12 SEC. 4. GRANT INCREASE. 

13 The amount of the increase provided to a State under 

14 the covered formula grant shall be equal to not more than 

15 20 percent of the average of the total amount of funding 

16 provided to the State under the covered formula grant 

17 under the 3 most recent awards to the State. 

18 SEC. 5. PERIOD OF INCREASE. 

19 (a) IN GENERAL.—The Attorney General shall pro20 vide an increase in the amount provided to a State under 

21 the covered formula grant for a 4-year period. 

22 (b) LIMIT.—The Attorney General may not provide 

23 an increase in the amount provided to a State under the 

24 covered formula grant more than 4 times. 


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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 this Act $5,000,000 for each of fiscal years 2025 through 

4 2029. 

5 SEC. 7. DEFINITIONS. 

6 In this Act: 

7 (1) COVERED FORMULA GRANT.—The term 

8 ‘‘covered formula grant’’ means a grant under sec9 tion 41601 of the Violence Against Women Act of 

10 1994 (34 U.S.C. 12511 et seq.) (commonly referred 

11 to as the ‘‘Sexual Assault Services Program’’). 

12 (2) NONCONSENSUAL SEXUAL PROTECTION

13 BARRIER REMOVAL.—The term ‘‘nonconsensual sex14 ual protection barrier removal’’ means removal of a 

15 sexual protection barrier from a body part, including 

16 the genitals, or an object being used by a person for 

17 sexual contact with another person without the con18 sent of each person involved in such sexual contact, 

19 causing sexual contact between the body parts, in20 cluding the genitals, or objects being used for sexual 

21 contact, and the body of any person engaged in such 

22 sexual contact. 

23 (3) SEXUAL PROTECTION BARRIER.—The term 

24 ‘‘sexual protection barrier’’ may include a condom, 

25 including an internal condom, a dental dam, or any 


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1 other barrier against sexual fluids during sexual con2 tact. 

Æ 


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