Consent is Key Act
Bill: H.R.7928 | Sponsor: Rep. Torres, Norma J. (D-CA)
Policy area: Law

Summary:
Consent is Key Act
This bill directs the Department of Justice to increase a state's allocation of funds under the Sexual Assault Services Program if the state has in effect a law that authorizes civil damages and equitable relief against a person who engages in the nonconsensual removal of a sexual protection barrier (e.g., a condom).

To encourage States to voluntarily pass laws to authorize civil damages 
   and equitable relief for nonconsensual sexual protection barrier 
                    removal, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 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.

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 reasonably require, including information about the law 
described 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 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.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

     There is authorized to be appropriated to carry out this Act 
$5,000,000 for each of fiscal years 2023 through 2027.

SEC. 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.
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