datamatters24/research-document-archive huggingface dataset:
ing violence, sexual assault, or stalking (as 
such terms are defined in section 40002 of 
the Violence Against Women Act); 
‘‘(B) ensure that case workers and other 
agency personnel responsible for administering 
the State program funded under this part are 
adequately trained in— 
‘‘(i) the nature and dynamics of do-
mestic violence, dating violence, sexual as-
sault, or stalking (as so defined); 
‘‘(ii) State standards and procedures 
relating to the prevention of, and assist-
ance for individuals who experience, do-
mestic violence, dating violence, sexual as-
sault, or stalking (as so defined); and 
‘‘(iii) methods of ascertaining and 
keeping confidential information about pos-
sible experiences of domestic violence, dat-
ing violence, sexual assault, or stalking (as 
so defined); 
‘‘(C) if a State has elected to establish and 
enforce standards and procedures regarding the 
screening for and identification of domestic vio-
lence pursuant to paragraph (7), ensure that— 
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‘‘(i) applicants for assistance under 
the program and individuals inquiring 
about such assistance are adequately noti-
fied of options available under such stand-
ards and procedures; and 
‘‘(ii) case workers and other agency 
personnel responsible for administering the 
State program funded under this part are 
provided with adequate training regarding 
such standards and procedures and options 
available under such standards and proce-
dures; and 
‘‘(D) ensure that the training required 
under subparagraphs (B) and, if applicable, 
(C)(ii) is provided through a training program 
operated by an eligible entity (as defined in sec-
tion 401(d)(2) of the Security and Financial 
Empowerment Act).’’. 
(d) DOMESTIC VIOLENCE, DATING VIOLENCE, SEX-
UAL ASSAULT, OR STALKING TRAINING GRANT PRO-
GRAM.— 
(1) GRANTS
AUTHORIZED.—The Secretary of 
Health and Human Services (in this subsection re-
ferred to as the ‘‘Secretary’’) is authorized to 
award— 
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(A) a grant to a national victim services 
organization in order for such organization to— 
(i) develop and disseminate a model 
training program (and related materials) 
for the training required under section 
303(a)(4)(B) of the Social Security Act, as 
added by subsection (b), and under sub-
paragraphs (B) and, if applicable, (C)(ii) 
of section 402(a)(8) of such Act, as added 
by subsection (c); and 
(ii) provide technical assistance with 
respect to such model training program; 
and 
(B) grants to State, tribal, or local agen-
cies in order for such agencies to contract with 
eligible entities to provide State, tribal, or local 
case workers and other State, tribal, or local 
agency personnel responsible for administering 
the temporary assistance to needy families pro-
gram established under part A of title IV of the 
Social Security Act in a State or Indian res-
ervation with the training required under sub-
paragraphs (B) and, if applicable, (C)(ii) of 
such section 402(a)(8). 
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(2) ELIGIBLE ENTITY DEFINED.—For purposes 
of paragraph (1)(B), the term ‘‘eligible entity’’ 
means an entity— 
(A) that is— 
(i) a State or tribal domestic violence 
coalition or sexual assault coalition; 
(ii) a State or local victim services or-
ganization with recognized expertise in the 
dynamics of domestic violence, dating vio-
lence, sexual assault, or stalking whose pri-
mary mission is to provide services to vic-
tims of domestic violence, dating violence, 
sexual assault, or stalking, such as a rape 
crisis center or domestic violence program; 
or 
(iii) 
an 
organization 
with 
dem-
onstrated expertise in State or county wel-
fare laws and implementation of such laws 
and experience with disseminating informa-
tion on such laws and implementation, but 
only if such organization will provide the 
required training in partnership with an 
entity described in clause (i) or (ii); and 
(B) that— 
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(i) has demonstrated expertise in the 
dynamics of both domestic violence and 
sexual assault, such as a joint domestic vi-
olence and sexual assault coalition; or 
(ii) will provide the required training 
in partnership with an entity described in 
clause (i) or (ii) of subparagraph (A) in 
order to comply with the dual domestic vio-
lence and sexual assault expertise require-
ment under clause (i). 
(3) APPLICATION.—An entity seeking a grant 
under this subsection shall submit an application to 
the Secretary at such time, in such form and man-
ner, and containing such information as the Sec-
retary specifies. 
(4) REPORTS.— 
(A) REPORTS
TO
CONGRESS.—The Sec-
retary shall annually submit a report to Con-
gress on the grant program established under 
this subsection. 
(B) REPORTS
AVAILABLE
TO
PUBLIC.— 
The Secretary shall establish procedures for the 
dissemination to the public of each report sub-
mitted under subparagraph (A). Such proce-
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dures shall include the use of the Internet to 
disseminate such reports. 
(5) AUTHORIZATION OF APPROPRIATIONS.— 
(A) AUTHORIZATION.—There are author-
ized to be appropriated— 
(i) $1,000,000 for fiscal year 2014 to 
carry out the provisions of paragraph 
(1)(A); and 
(ii) $12,000,000 for each of fiscal 
years 2015 through 2018 to carry out the 
provisions of paragraph (1)(B). 
(B) THREE-YEAR AVAILABILITY OF GRANT 
FUNDS.—Each recipient of a grant under this 
subsection shall return to the Secretary any un-
used portion of such grant not later than 3 
years after the date the grant was awarded, to-
gether with any earnings on such unused por-
tion. 
(C) AMOUNTS RETURNED.—Any amounts 
returned pursuant to subparagraph (B) shall be 
available without further appropriation to the 
Secretary for the purpose of carrying out the 
provisions of paragraph (1)(B). 
(e) EFFECT ON EXISTING LAWS, ETC.— 
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(1) MORE
PROTECTIVE
LAWS, AGREEMENTS, 
PROGRAMS, AND PLANS.—Nothing in this title shall 
be construed to supersede any provision of any Fed-
eral, State, or local law, collective bargaining agree-
ment, or employment benefits program or plan that 
provides greater unemployment insurance benefits 
for victims of domestic violence, dating violence, sex-
ual assault, or stalking than the rights established 
under this title. 
(2) LESS
PROTECTIVE
LAWS, AGREEMENTS, 
PROGRAMS, AND PLANS.—The rights established for 
victims of domestic violence, dating violence, sexual 
assault, or stalking under this title shall not be di-
minished by any more restrictive State or local law, 
collective bargaining agreement, or employment ben-
efits program or plan. 
(f) EFFECTIVE DATE.— 
(1) UNEMPLOYMENT AMENDMENTS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B) and paragraph (2), the 
amendments made by this section shall apply in 
the case of compensation paid for weeks begin-
ning on or after the expiration of 180 days 
from the date of enactment of this Act. 
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(B) EXTENSION OF EFFECTIVE DATE FOR 
STATE LAW AMENDMENT.— 
(i) IN GENERAL.—If the Secretary of 
Labor identifies a State as requiring a 
change to its statutes, regulations, or poli-
cies in order to comply with the amend-
ments made by this section (excluding the 
amendment made by subsection (c)), such 
amendments shall apply in the case of 
compensation paid for weeks beginning 
after the earlier of— 
(I) the date the State changes its 
statutes, regulations, or policies in 
order to comply with such amend-
ments; or 
(II) the end of the first session of 
the State legislature which begins 
after the date of enactment of this 
Act or which began prior to such date 
and remained in session for at least 
25 calendar days after such date; 
except that in no case shall such amend-
ments apply before the date that is 180 
days after the date of enactment of this 
Act. 
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(ii) SESSION DEFINED.—In this sub-
paragraph, the term ‘‘session’’ means a 
regular, special, budget, or other session of 
a State legislature. 
(2) TANF AMENDMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the amendment made by 
subsection (c) shall take effect on the date of 
enactment of this Act. 
(B) EXTENSION OF EFFECTIVE DATE FOR 
STATE
LAW
AMENDMENT.—In the case of a 
State plan under part A of title IV of the Social 
Security Act which the Secretary of Health and 
Human Services determines requires State ac-
tion (including legislation, regulation, or other 
administrative action) in order for the plan to 
meet the additional requirements imposed by 
the amendment made by subsection (c), the 
State plan shall not be regarded as failing to 
comply with the requirements of such amend-
ment on the basis of its failure to meet these 
additional requirements before the first day of 
the first calendar quarter beginning after the 
close of the first regular session of the State 
legislature that begins after the date of enact-
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ment of this Act. For purposes of the previous 
sentence, in the case of a State that has a 2- 
year legislative session, each year of the session 
is considered to be a separate regular session of 
the State legislature. 
TITLE V—VICTIMS OF ABUSE 
INSURANCE PROTECTION 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Victims of Abuse In-
surance Protection Act’’. 
SEC. 502. DEFINITIONS. 
In this title, the following definitions apply: 
(1) ABUSE.—The term ‘‘abuse’’ means the oc-
currence of one or more of the following acts by a 
current or former household or family member, inti-
mate partner, or caretaker: 
(A) Attempting to cause or causing an-
other person bodily injury, physical harm, sub-
stantial emotional distress, or psychological 
trauma. 
(B) Attempting to engage in or engaging 
in rape, sexual assault, or involuntary sexual 
intercourse. 
(C) Engaging in a course of conduct or re-
peatedly committing acts toward another per-
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son, including following the person without 
proper authority and under circumstances that 
place the person in reasonable fear of bodily in-
jury or physical harm. 
(D) Subjecting another person to false im-
prisonment or kidnaping. 
(E) Attempting to cause or causing dam-
age to property so as to intimidate or attempt 
to control the behavior of another person. 
(2) HEALTH CARRIER.—The term ‘‘health car-
rier’’ means a person that contracts or offers to con-
tract on a risk-assuming basis to provide, deliver, ar-
range for, pay for, or reimburse any of the cost of 
health care services, including a sickness and acci-
dent insurance company, a health maintenance orga-
nization, a nonprofit hospital and health service cor-
poration, or any other entity providing a plan of 
health insurance, health benefits, or health services. 
(3) INSURED.—The term ‘‘insured’’ means a 
party named on a policy, certificate, or health ben-
efit plan, including an individual, corporation, part-
nership, association, unincorporated organization, or 
any similar entity, as the person with legal rights to 
the benefits provided by the policy, certificate, or 
health benefit plan. For group insurance, the term 
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includes a person who is a beneficiary covered by a 
group policy, certificate, or health benefit plan. For 
life insurance, the term refers to the person whose 
life is covered under an insurance policy. 
(4) INSURER.—The term ‘‘insurer’’ means any 
person, reciprocal exchange, inter insurer, Lloyds in-
surer, fraternal benefit society, or other legal entity 
engaged in the business of insurance, including 
agents, brokers, adjusters, and third-party adminis-
trators. The term includes employers who provide or 
make available employment benefits through an em-
ployee benefit plan, as defined in section 3(3) of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 102(3)). The term also includes health 
carriers, health benefit plans, and life, disability, and 
property and casualty insurers. 
(5) POLICY.—The term ‘‘policy’’ means a con-
tract of insurance, certificate, indemnity, suretyship, 
or annuity issued, proposed for issuance, or intended 
for issuance by an insurer, including endorsements 
or riders to an insurance policy or contract. 
(6) SUBJECT OF ABUSE.—The term ‘‘subject of 
abuse’’ means— 
(A) a person against whom an act of abuse 
has been directed; 
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(B) a person who has prior or current in-
juries, illnesses, or disorders that resulted from 
abuse; or 
(C) a person who seeks, may have sought, 
or had reason to seek medical or psychological 
treatment for abuse, protection, court-ordered 
protection, or shelter from abuse. 
SEC. 503. DISCRIMINATORY ACTS PROHIBITED. 
(a) IN GENERAL.—No insurer may, directly or indi-
rectly, engage in any of the following acts or practices on 
the basis that the applicant or insured, or any person em-
ployed by the applicant or insured or with whom the appli-
cant or insured is known to have a relationship or associa-
tion, is, has been, or may be the subject of abuse or has 
incurred or may incur abuse-related claims: 
(1) Denying, refusing to issue, renew, or re-
issue, or canceling or otherwise terminating an in-
surance policy or health benefit plan. 
(2) Restricting, excluding, or limiting insurance 
coverage for losses or denying a claim, except as oth-
erwise permitted or required by State laws relating 
to life insurance beneficiaries. 
(3) Adding a premium differential to any insur-
ance policy or health benefit plan. 
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(b) PROHIBITION ON LIMITATION OF CLAIMS.—No 
insurer may, directly or indirectly, deny or limit payment 
to an insured who is a subject of abuse if the claim for 
payment is a result of the abuse. 
(c) PROHIBITION ON TERMINATION.— 
(1) IN GENERAL.—No insurer or health carrier 
may terminate health coverage for a subject of abuse 
because coverage was originally issued in the name 
of the abuser and the abuser has divorced, separated 
from, or lost custody of the subject of abuse or the 
abuser’s coverage has terminated voluntarily or in-
voluntarily and the subject of abuse does not qualify 
for an extension of coverage under part 6 of subtitle 
B of title I of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1161 et seq.) or sec-
tion 4980B of the Internal Revenue Code of 1986. 
(2) PAYMENT OF PREMIUMS.—Nothing in para-
graph (1) shall be construed to prohibit the insurer 
from requiring that the subject of abuse pay the full 
premium for the subject’s coverage under the health 
plan if the requirements are applied to all insured of 
the health carrier. 
(3) EXCEPTION.—An insurer may terminate 
group coverage to which this subsection applies after 
the continuation coverage period required by this 
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280
‘‘(6) the development, demonstration, and eval-
uation of applications of existing technology in pre-
school education, elementary and secondary edu-
cation, training and lifelong learning, and profes-
sional development of educational personnel;
‘‘(7) the development and evaluation of software
and other products, including television program-
ming, that incorporate advances in technology and
help achieve the National Education Goals and chal-
lenging State standards;
‘‘(8) the development, demonstration, and eval-
uation of model strategies for preparing teachers
and other personnel to use technology effectively to
improve teaching and learning;
‘‘(9) the development of model programs to
demonstrate the educational effectiveness of tech-
nology in urban and rural areas and economically-
distressed communities;
‘‘(10) research on, and the evaluation of, the ef-
fectiveness and benefits of technology in education;
‘‘(11) conferences on, and dissemination of in-
formation about, the uses of technology in education;
‘‘(12) the development of model strategies to
promote gender equity concerning access to, and the
use of, technology in the classroom;
subsection has been in force for 18 months if it of-
fers conversion to an equivalent individual plan. 
(4) CONTINUATION
COVERAGE.—The continu-
ation of health coverage required by this subsection 
shall be satisfied by any extension of coverage under 
part 6 of subtitle B of title I of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 
1161 et seq.) or section 4980B of the Internal Rev-
enue Code of 1986 provided to a subject of abuse 
and is not intended to be in addition to any exten-
sion of coverage otherwise provided for under such 
part 6 or section 4980B. 
(d) USE OF INFORMATION.— 
(1) LIMITATION.— 
(A) IN GENERAL.—In order to protect the 
safety and privacy of subjects of abuse, no per-
son employed by or contracting with an insurer 
or health benefit plan may (without the consent 
of the subject)— 
(i) use, disclose, or transfer informa-
tion relating to abuse status, acts of abuse, 
abuse-related medical conditions, or the 
applicant’s or insured’s status as a family 
member, employer, associate, or person in 
a relationship with a subject of abuse for 
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any purpose unrelated to the direct provi-
sion of health care services unless such 
use, disclosure, or transfer is required by 
an order of an entity with authority to reg-
ulate insurance or an order of a court of 
competent jurisdiction; or 
(ii) disclose or transfer information 
relating to an applicant’s or insured’s mail-
ing address or telephone number or the 
mailing address and telephone number of a 
shelter for subjects of abuse, unless such 
disclosure or transfer— 
(I) is required in order to provide 
insurance coverage; and 
(II) does not have the potential 
to endanger the safety of a subject of 
abuse. 
(B) RULE OF CONSTRUCTION.—Nothing in 
this paragraph may be construed to limit or 
preclude a subject of abuse from obtaining the 
subject’s own insurance records from an in-
surer. 
(2) AUTHORITY
OF
SUBJECT
OF
ABUSE.—A 
subject of abuse, at the absolute discretion of the 
subject of abuse, may provide evidence of abuse to 
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an insurer for the limited purpose of facilitating 
treatment of an abuse-related condition or dem-
onstrating that a condition is abuse-related. Nothing 
in this paragraph shall be construed as authorizing 
an insurer or health carrier to disregard such pro-
vided evidence. 
SEC. 504. INSURANCE PROTOCOLS FOR SUBJECTS OF 
ABUSE. 
Insurers shall develop and adhere to written policies 
specifying procedures to be followed by employees, con-
tractors, producers, agents, and brokers for the purpose 
of protecting the safety and privacy of a subject of abuse 
and otherwise implementing this title when taking an ap-
plication, investigating a claim, or taking any other action 
relating to a policy or claim involving a subject of abuse. 
SEC. 505. REASONS FOR ADVERSE ACTIONS. 
An insurer that takes an action that adversely affects 
a subject of abuse, shall advise the applicant or insured 
who is the subject of abuse of the specific reasons for the 
action in writing. For purposes of this section, reference 
to general underwriting practices or guidelines shall not 
constitute a specific reason. 
SEC. 506. LIFE INSURANCE. 
Nothing in this title shall be construed to prohibit 
a life insurer from declining to issue a life insurance policy 
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if the applicant or prospective owner of the policy is or 
would be designated as a beneficiary of the policy, and 
if— 
(1) the applicant or prospective owner of the 
policy lacks an insurable interest in the insured; or 
(2) the applicant or prospective owner of the 
policy is known, on the basis of police or court 
records, to have committed an act of abuse against 
the proposed insured. 
SEC. 507. SUBROGATION WITHOUT CONSENT PROHIBITED. 
Subrogation of claims resulting from abuse is prohib-
ited without the informed consent of the subject of abuse. 
SEC. 508. ENFORCEMENT. 
(a) FEDERAL TRADE COMMISSION.—Any act or 
practice prohibited by this title shall be treated as an un-
fair and deceptive act or practice pursuant to section 5 
of the Federal Trade Commission Act (15 U.S.C. 45) and 
the Federal Trade Commission shall enforce this title in 
the same manner, by the same means, and with the same 
jurisdiction, powers, and duties as though all applicable 
terms and provisions of the Federal Trade Commission 
Act were incorporated into and made a part of this title, 
including issuing a cease and desist order granting any 
individual relief warranted under the circumstances, in-
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cluding temporary, preliminary, and permanent injunctive 
relief and compensatory damages. 
(b) PRIVATE CAUSE OF ACTION.— 
(1) IN GENERAL.—An applicant or insured who 
believes that the applicant or insured has been ad-
versely affected by an act or practice of an insurer 
in violation of this title may maintain an action 
against the insurer in a Federal or State court of 
original jurisdiction. 
(2) RELIEF.—Upon proof of such conduct by a 
preponderance of the evidence in an action described 
in paragraph (1), the court may award appropriate 
relief, including temporary, preliminary, and perma-
nent injunctive relief and compensatory and punitive 
damages, as well as the costs of suit and reasonable 
fees for the aggrieved individual’s attorneys and ex-
pert witnesses. 
(3) STATUTORY
DAMAGES.—With respect to 
compensatory damages in an action described in 
paragraph (1), the aggrieved individual may elect, at 
any time prior to the rendering of final judgment, to 
recover in lieu of actual damages, an award of statu-
tory damages in the amount of $5,000 for each vio-
lation. 
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