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 sex-
ual protection barrier removal, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Consent is Key Act’’. 
SEC. 2. INCREASED FUNDING FOR FORMULA GRANTS AU-
THORIZED. 
The Attorney General shall increase the amount pro-
vided to a State under the covered formula grant if the 
VerDate Sep 11 2014 
05:53 May 29, 2024
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8189.IH
H8189
kjohnson on DSK7ZCZBW3PROD with $$_JOB
State has in effect a law that authorizes a civil action, 
for damages and such equitable relief as may be appro-
priate, against a person who engages in nonconsensual 
sexual protection barrier removal. 
SEC. 3. APPLICATION. 
A State seeking an increase in the amount provided 
to the State under the covered formula grant shall include 
in the application of the State for each covered formula 
grant such information as the Attorney General may rea-
sonably require, including information about the law de-
scribed in section 2. 
SEC. 4. GRANT INCREASE. 
The amount of the increase provided to a State under 
the covered formula grant shall be equal to not more than 
20 percent of the average of the total amount of funding 
provided to the State under the covered formula grant 
under the 3 most recent awards to the State. 
SEC. 5. PERIOD OF INCREASE. 
(a) IN GENERAL.—The Attorney General shall pro-
vide an increase in the amount provided to a State under 
the covered formula grant for a 4-year period. 
(b) LIMIT.—The Attorney General may not provide 
an increase in the amount provided to a State under the 
covered formula grant more than 4 times. 
VerDate Sep 11 2014 
05:53 May 29, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8189.IH
H8189
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 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. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) COVERED
FORMULA
GRANT.—The term 
‘‘covered formula grant’’ means a grant under sec-
tion 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 sex-
ual 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 con-
sent of each person involved in such sexual contact, 
causing sexual contact between the body parts, in-
cluding 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 
VerDate Sep 11 2014 
05:53 May 29, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8189.IH
H8189
kjohnson on DSK7ZCZBW3PROD with $$_JOB
other barrier against sexual fluids during sexual con-
tact. 
Æ 
VerDate Sep 11 2014 
05:53 May 29, 2024
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H8189.IH
H8189
kjohnson on DSK7ZCZBW3PROD with $$_JOB