H.R.3083 - Consent is Key Act (119th Congress)
Summary
H.R.3083, the "Consent is Key Act," aims to encourage states to enact laws that allow civil damages and equitable relief for nonconsensual removal of sexual protection barriers. The bill proposes increasing funding for states under covered formula grants if they have such laws in place. This increase would be up to 20% of the average funding received over the past three awards, and the increase would last for a four-year period, with a limit of four increases per state.
Expected Effects
If enacted, this bill would incentivize states to pass laws addressing nonconsensual sexual protection barrier removal. States that choose to enact such laws would receive increased federal funding through existing grant programs. This could lead to more consistent legal frameworks across states regarding this specific issue.
Potential Benefits
- Provides financial incentives for states to address nonconsensual sexual protection barrier removal.
- May lead to increased awareness and prevention of sexual assault.
- Offers potential avenues for victims to seek civil remedies.
- Could encourage more comprehensive consent education.
- Aligns federal funding with state efforts to combat sexual assault.
Potential Disadvantages
- Potential for unfunded mandates if states feel pressured to enact laws to receive funding.
- May create inconsistencies in how such laws are interpreted and applied across different states.
- Could lead to litigation regarding the definition and scope of "nonconsensual sexual protection barrier removal."
- The 20% increase may not be sufficient to incentivize some states.
- Potential for misuse or misallocation of the increased grant funding.
Constitutional Alignment
The bill appears to align with the Constitution, particularly the Tenth Amendment, as it encourages states to legislate in a specific area without directly mandating it. The spending clause (Article I, Section 8) provides Congress with the power to allocate funds for the general welfare, which could include incentivizing states to address sexual assault. However, the conditions attached to the funding must be clear and unambiguous to avoid coercion, as per Supreme Court precedent.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).