In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Orphan Works Act of 2006''.

SEC. 2. LIMITATION ON REMEDIES IN CASES INVOLVING ORPHAN WORKS.

    (a) Limitation on Remedies.--Chapter 5 of title 17, United States 
Code, is amended by adding at the end the following new section:
``Sec. 514. Limitation on remedies in cases involving orphan works
    ``(a) Limitation on Remedies.--
            ``(1) Conditions.--Notwithstanding sections 502 through 
        505, in an action brought under this title for infringement of 
        copyright in a work, the remedies for infringement shall be 
        limited under subsection (b) if the infringer sustains the 
        burden of proving, and the court finds, that--
                    ``(A) before the infringing use of the work began, 
                the infringer, a person acting on behalf of the 
                infringer, or any person jointly and severally liable 
                with the infringer for the infringement of the work--
                            ``(i) performed and documented a reasonably 
                        diligent search in good faith to locate the 
                        owner of the infringed copyright; but
                            ``(ii) was unable to locate the owner; and
                    ``(B) the infringing use of the work provided 
                attribution, in a manner reasonable under the 
                circumstances, to the author and owner of the 
                copyright, if known with a reasonable degree of 
                certainty based on information obtained in performing 
                the reasonably diligent search.
            ``(2) Definitions; requirements for searches.--
                    ``(A) Owner of infringed copyright.--For purposes 
                of paragraph (1), the `owner' of an infringed copyright 
                in a work is the legal or beneficial owner of, or any 
                party with authority to grant or license, an exclusive 
                right under section 106 applicable to the infringement.
                    ``(B) Requirements for reasonably diligent 
                search.--(i) For purposes of paragraph (1), a search to 
                locate the owner of an infringed copyright in a work--
                            ``(I) is `reasonably diligent' only if it 
                        includes steps that are reasonable under the 
                        circumstances to locate that owner in order to 
                        obtain permission for the use of the work; and
                            ``(II) is not `reasonably diligent' solely 
                        by reference to the lack of identifying 
                        information with respect to the copyright on 
                        the copy or phonorecord of the work.
                    ``(ii) The steps referred to in clause (i)(I) shall 
                ordinarily include, at a minimum, review of the 
                information maintained by the Register of Copyrights 
                under subparagraph (C).
                    ``(iii) A reasonably diligent search includes the 
                use of reasonably available expert assistance and 
                reasonably available technology, which may include, if 
                reasonable under the circumstances, resources for which 
                a charge or subscription fee is imposed.
                    ``(C) Information to guide searches.--The Register 
                of Copyrights shall receive, maintain, and make 
                available to the public, including through the 
                Internet, information from authoritative sources, such 
                as industry guidelines, statements of best practices, 
                and other relevant documents, that is designed to 
                assist users in conducting and documenting a reasonably 
                diligent search under this subsection. Such information 
                may include--
                            ``(i) the records of the Copyright Office 
                        that are relevant to identifying and locating 
                        copyright owners;
                            ``(ii) other sources of copyright ownership 
                        information reasonably available to users;
                            ``(iii) methods to identify copyright 
                        ownership information associated with a work;
                            ``(iv) sources of reasonably available 
                        technology tools and reasonably available 
                        expert assistance; and
                            ``(v) best practices for documenting a 
                        reasonably diligent search.
    ``(b) Limitations on Remedies.--The limitations on remedies in a 
case to which subsection (a) applies are the following:
            ``(1) Monetary relief.--
                    ``(A) General rule.--Subject to subparagraph (B), 
                an award for monetary relief (including actual damages, 
                statutory damages, costs, and attorney's fees) may not 
                be made, other than an order requiring the infringer to 
                pay reasonable compensation for the use of the 
                infringed work.
                    ``(B) Exceptions.--(i) An order requiring the 
                infringer to pay reasonable compensation for the use of 
                the infringed work may not be made under subparagraph 
                (A) if--
                            ``(I) the infringement is performed without 
                        any purpose of direct or indirect commercial 
                        advantage and primarily for a charitable, 
                        religious, scholarly, or educational purpose, 
                        and
                            ``(II) the infringer ceases the 
                        infringement expeditiously after receiving 
                        notice of the claim for infringement,
                unless the copyright owner proves, and the court finds, 
                that the infringer has earned proceeds directly 
                attributable to the infringement.
                    ``(ii) If the infringer fails to negotiate in good 
                faith with the owner of the infringed work regarding 
                the amount of reasonable compensation for the use of 
                the infringed work, the court may award full costs, 
                including a reasonable attorney's fee, against the 
                infringer under section 505, subject to section 412.
            ``(2) Injunctive relief.--
                    ``(A) General rule.--Subject to subparagraph (B), 
                the court may impose injunctive relief to prevent or 
                restrain the infringing use, except that, if the 
                infringer has met the requirements of subsection (a), 
                the relief shall, to the extent practicable, account 
                for any harm that the relief would cause the infringer 
                due to its reliance on having performed a reasonably 
                diligent search under subsection (a).
                    ``(B) Special rule for new works.--In a case in 
                which the infringer recasts, transforms, adapts, or 
                integrates the infringed work with the infringer's 
                original expression in a new work of authorship, the 
                court may not, in granting injunctive relief, restrain 
                the infringer's continued preparation or use of that 
                new work, if the infringer--
                            ``(i) pays reasonable compensation to the 
                        owner of the infringed copyright for the use of 
                        the infringed work; and
                            ``(ii) provides attribution to the owner of 
                        the infringed copyright in a manner that the 
                        court determines is reasonable under the 
                        circumstances.
                    ``(C) Treatment of parties not subject to suit.--
                The limitations on remedies under this paragraph shall 
                not be available to an infringer that asserts in an 
                action under section 501(b) that neither it nor its 
                representative acting in an official capacity is 
                subject to suit in Federal court for an award of 
                damages to the copyright owner under section 504, 
                unless the court finds that such infringer has-- 
                            ``(i) complied with the requirements of 
                        subsection (a) of this section;
                            ``(ii) made a good faith offer of 
                        compensation that was rejected by the copyright 
                        owner; and
                            ``(iii) affirmed in writing its willingness 
                        to pay such compensation to the copyright owner 
                        upon the determination by the court that such 
                        compensation was reasonable under paragraph (3) 
                        of this subsection.
                    ``(D) Construction.--Nothing in subparagraph (C) 
                shall be deemed to authorize or require, and no action 
                taken pursuant to subparagraph (C) shall be deemed to 
                constitute, an award of damages by the court against 
                the infringer.
                    ``(E) Rights and privileges not waived.--No action 
                taken by an infringer pursuant to subparagraph (C) 
                shall be deemed to waive any right or privilege that, 
                as a matter of law, protects such infringer from being 
                subject to suit in Federal court for an award of 
                damages to the copyright owner under section 504.
            ``(3) Reasonable compensation.--In establishing reasonable 
        compensation under paragraph (1) or (2), the owner of the 
        infringed copyright has the burden of establishing the amount 
        on which a reasonable willing buyer and a reasonable willing 
        seller in the positions of the owner and the infringer would 
        have agreed with respect to the infringing use of the work 
        immediately before the infringement began.
    ``(c) Preservation of Other Rights, Limitations, and Defense.--This 
section does not affect any right, limitation, or defense to copyright 
infringement, including fair use, under this title. If another 
provision of this title provides for a statutory license when the 
copyright owner cannot be located, that provision applies in lieu of 
this section.
    ``(d) Copyright for Derivative Works.--Notwithstanding section 
103(a), the infringing use of a work in accordance with this section 
shall not limit or affect the copyright protection for a work that uses 
the infringed work.''.
    (b) Conforming Amendment.--The table of sections for chapter 5 of 
title 17, United States Code, is amended by adding at the end the 
following new item:

``514. Limitation on remedies in cases involving orphan works''.
    (c) Effective Date.--The amendments made by this section shall 
apply only to infringing uses that commence on or after June 1, 2008.

SEC. 3. REPORT TO CONGRESS ON AMENDMENTS.

    The Register of Copyrights shall, not later than December 12, 2014, 
report to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate on the 
implementation and effects of the amendments made by section 2, 
including any recommendations for legislative changes that the Register 
considers appropriate.

SEC. 4. INQUIRY ON REMEDIES FOR SMALL COPYRIGHT CLAIMS.

    (a) In General.--The Register of Copyrights shall conduct an 
inquiry with respect to remedies for copyright infringement claims 
seeking limited amounts of monetary relief, including consideration of 
alternatives to disputes currently heard in the United States district 
courts. The inquiry shall cover infringement claims to which section 
514 of title 17, United States Code (as added by section 2 of this 
Act), apply, and other infringement claims under title 17, United 
States Code.
    (b) Procedures.--The Register of Copyrights shall publish notice of 
the inquiry under subsection (a), providing a period during which 
interested persons may submit comments on the inquiry, and an 
opportunity for interested persons to participate in public roundtables 
on the inquiry. The Register shall hold the public roundtables at such 
times as the Register considers appropriate.
    (c) Report to Congress.--The Register of Copyrights shall, not 
later than 1 year after the date of the enactment of this Act, prepare 
and submit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate a 
report on the inquiry conducted under this section, including such 
recommendations that the Register considers appropriate.
[A]: Orphan Works Act of 2006 - Limits the remedies available in a copyright infringement action if the infringer proves that: (1) the infringer performed and documented a reasonably diligent search in good faith to locate the copyright owner before using the work, but was unable to locate the owner; and (2) the infringing use of the work provided attribution to the author and owner of the copyright, if known.

Requires the Register of Copyrights to make information available from authoritative sources to assist users in conducting and documenting a reasonably diligent search.

Permits an award of reasonable compensation for the use of the infringed work, except if: (1) the infringement is performed without any commercial advantage and for primarily a charitable, religious, scholarly, or educational purpose; and (2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement.

Allows the court to impose injunctive relief to prevent or restrain the infringing use, but such relief shall account for harm caused to the infringer due to reliance on having performed a reasonably diligent search. Prohibits the court from imposing injunctive relief that restrains the continued preparation or use of a new work that recasts, transforms, adapts, or integrates the infringed work with the infringer's original expression in a new work of authorship if the infringer pays reasonable compensation and provides attribution to the copyright owner.

Requires the Register of Copyrights to conduct an inquiry with respect to remedies for copyright infringement claims seeking limited amounts of monetary relief, including consideration of alternatives to disputes currently heard in the U.S. district courts.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prepare, Ready, Equip, and Prevent 
Areas at Risk of Emergency Wildfires Act of 2015'' or the ``PREPARE Act 
of 2015''.

SEC. 2. WILDFIRE MITIGATION.

    Title II of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5131 et seq.) is amended by inserting after 
section 203 the following:

``SEC. 203A. WILDFIRE MITIGATION.

    ``(a) Definitions.--In this section--
            ``(1) the term `Administrator' means the Administrator of 
        the Federal Emergency Management Agency;
            ``(2) the term `community wildfire protection plan' has the 
        meaning given the term in section 101 of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6511);
            ``(3) the term `eligible recipient' means a State or an 
        Indian tribal government;
            ``(4) the term `local multi-hazard mitigation plan' means a 
        mitigation plan developed by a local government under section 
        322(b) that addresses wildfire mitigation;
            ``(5) the term `State mitigation plan' means a mitigation 
        plan developed by a State under section 322(c) that addresses 
        wildfire mitigation; and
            ``(6) the term `tribal mitigation plan' means a mitigation 
        plan developed by a tribal government under section 322(b) that 
        addresses wildfire mitigation.
    ``(b) Establishment of Wildfire Mitigation Grant Program.--The 
President, acting through the Administrator, shall establish a pilot 
program to make grants to eligible recipients for wildfire mitigation.
    ``(c) Use of Funds.--A grant under this section may be used by an 
eligible recipient--
            ``(1) to reduce the hazardous fuel load by reducing the use 
        of fuels that may contribute to catastrophic wildfires in high-
        risk areas;
            ``(2) to invest in personnel and organizations to conduct 
        wildfire mitigation;
            ``(3) to invest in vehicles and other equipment to conduct 
        wildfire mitigation;
            ``(4) to mitigate against damage from runoff into waterways 
        and floods caused by erosion from wildfires;
            ``(5) to build essential community collaboration and 
        outline the necessary groundwork systems in anticipation of 
        future fires; and
            ``(6) at the discretion of the Governor of a State or the 
        Chief Executive of an Indian tribal government, and in 
        consultation with the Administrator, for any other wildfire 
        mitigation activities in the State or area under the 
        jurisdiction of the Indian tribal government, as applicable, 
        unless otherwise prohibited by law.
    ``(d) Eligibility for Assistance.--
            ``(1) In general.--
                    ``(A) Eligibility.--An eligible recipient shall be 
                eligible for assistance under this section if the 
                section 420 grant ratio for the eligible recipient is 
                equal to or greater than 125 percent of the population 
                ratio of the eligible recipient.
                    ``(B) Ratios.--For purposes of subparagraph (A)--
                            ``(i) the section 420 grant ratio shall be 
                        equal to the quotient of--
                                    ``(I) the number of declarations 
                                for a grant under section 420 received 
                                by the eligible recipient during the 10 
                                years prior to the date on which an 
                                application for assistance is submitted 
                                under this section, divided by
                                    ``(II) the total number of 
                                declarations for a grant under section 
                                420 in the United States during the 10 
                                years prior to the date on which an 
                                application for assistance is submitted 
                                under this section; and
                            ``(ii) the population ratio of the eligible 
                        recipient shall be equal to the quotient of--
                                    ``(I) the population of the State 
                                or the area under the jurisdiction of 
                                the Indian tribal government, as 
                                applicable, based on the most recent 
                                data available from the Bureau of the 
                                Census on the date on which an 
                                application for assistance is submitted 
                                under this section, divided by
                                    ``(II) the population of the United 
                                States, based on the most recent data 
                                available from the Bureau of the Census 
                                on the date on which an application for 
                                assistance is submitted under this 
                                section.
            ``(2) Waiver.--The President may waive the requirement of 
        paragraph (1) if an eligible recipient--
                    ``(A) files a petition for waiver of the 
                requirement of paragraph (1); and
                    ``(B) demonstrates that significant environmental 
                changes or shifts in forest health put the eligible 
                recipient at an elevated risk for catastrophic 
                wildfires, as determined by the President.
            ``(3) Local assistance.--The Governor of a State may award 
        funds received under this section, to be used solely for the 
        purposes set forth under subsection (c), to--
                    ``(A) any county or municipality in that State with 
                a community wildfire protection plan or a local multi-
                hazard mitigation plan;
                    ``(B) any Indian tribal government in that State 
                with a tribal mitigation plan; or
                    ``(C) any other entity that is explicitly 
                referenced in and central to, in the determination of 
                the Governor, the design of a community wildfire 
                protection plan or a local multi-hazard mitigation 
                plan.
    ``(e) Criteria for Assistance.--In determining whether to award a 
grant to an eligible recipient under this section, the President 
shall--
            ``(1) give preference to--
                    ``(A) an eligible recipient with a high level of 
                need for assistance based on the best scientific data 
                available;
                    ``(B) an eligible recipient that previously 
                received a grant under this section and effectively 
                used the Federal funds for wildfire mitigation 
                activities in the State or area under the jurisdiction 
                of the Indian tribal government, as applicable, as 
                determined by the President; and
            ``(2) consider environmental conditions in a State or an 
        area under the jurisdiction of an Indian tribal government, as 
        applicable, including environmental changes, deteriorating 
        forest health, and overall wildfire risk.
    ``(f) Application for Assistance.--
            ``(1) In general.--To request a grant under this section, 
        an eligible recipient shall submit an application to the 
        Administrator in such form, in such manner, and containing such 
        information as the Administrator may reasonably require.
            ``(2) Contents.--In addition to any other requirements that 
        may be specified by the Administrator, an eligible recipient 
        submitting an application for a grant under this section shall 
        demonstrate that--
                    ``(A) in the case of an eligible recipient that is 
                a State--
                            ``(i) the State has a State mitigation 
                        plan;
                            ``(ii) the State shall provide matching 
                        non-Federal funds equal to not less than 25 
                        percent of the amount of Federal funds made 
                        available under this subsection;
                            ``(iii) a county or municipality that may 
                        receive funds from the grant has a community 
                        wildfire protection plan or a local multi-
                        hazard mitigation plan; and
                            ``(iv) an Indian tribal government that may 
                        receive funds from the grant has a tribal 
                        mitigation plan; and
                    ``(B) in the case of an eligible recipient that is 
                an Indian tribal government--
                            ``(i) the Indian tribal government has a 
                        tribal mitigation plan; and
                            ``(ii) the Indian tribal government shall--
                                    ``(I) provide matching non-Federal 
                                funds equal to not less than 25 percent 
                                of the amount of Federal funds made 
                                available under this subsection; or
                                    ``(II) if the Indian tribal 
                                government is a small impoverished 
                                community, as defined in section 
                                203(a), provide non-matching Federal 
                                funds equal to not less than 10 percent 
                                of the amount of Federal funds made 
                                available under this subsection.
    ``(g) Report.--Not later than 1 year after the date of receipt of a 
grant under this section, the recipient shall submit to the 
Administrator a report, which shall be made publically available, on 
the use of funds made available under the grant.
    ``(h) Funding for Assistance.--
            ``(1) Predisaster mitigation fund.--Subject to the 
        availability of funds in the National Predisaster Mitigation 
        Fund established under section 203(i), the Administrator shall 
        use not less than $20,000,000 and not more than $30,000,000 
        from unobligated amounts in the National Predisaster Mitigation 
        Fund for each of fiscal years 2016 through 2021 in carrying out 
        this section.
            ``(2) Rule of construction.--Nothing in this section shall 
        be construed to increase the amount of appropriations 
        authorized for the Department of Homeland Security in any given 
        fiscal year.''.

SEC. 3. WILDFIRE MITIGATION ASSISTANCE.

    (a) In General.--Section 420 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Hazard Mitigation Assistance.--Whether or not a major 
disaster is declared, the President may provide hazard mitigation 
assistance in accordance with section 404 in any area affected by a 
fire for which assistance was provided under this section.''.
    (b) Conforming Amendments.--The Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
            (1) in section 404(a) (42 U.S.C. 5170c(a))--
                    (A) by inserting before the first period ``, or any 
                area in which assistance was provided under section 
                420''; and
                    (B) in the third sentence, by inserting ``or event 
                under section 420'' after ``major disaster'' each place 
                that term appears; and
            (2) in section 322 (e)(1) (42 U.S.C. 5165(e)(1)), by 
        inserting ``or event under section 420'' after ``major 
        disaster'' each place that term appears.

SEC. 4. FACTORS TO CONSIDER FOR MAJOR DISASTER DECLARATION.

    Not later than 60 days after the date of enactment of this Act, the 
Administrator of the Federal Emergency Management Agency shall amend 
subsection (a) of section 206.48 of title 44, Code of Federal 
Regulations, to require the Federal Emergency Management Agency to 
consider, in evaluating a Governor's request for major disaster 
assistance under the Public Assistance Program, whether--
            (1) post-fire flooding occurred within 5 years, and as a 
        result, of a single wildfire event in the State; and
            (2) the State received fire management assistance under 
        section 420 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5187) related to the major 
        disaster for which the Governor is requesting assistance under 
        the Public Assistance Program.

SEC. 5. POST-FIRE FUNDING GUIDE.

    (a) Creation and Distribution.--Not later than 1 year after the 
date of enactment of this Act, the Administrator of the Federal 
Emergency Management Agency shall create and make publically available 
a post-fire recovery funding and resource guide for local communities.
    (b) Involvement by Local Leaders.--The Administrator of the Federal 
Emergency Management Agency shall create the guide under subsection (a) 
in collaboration with local leaders who have experienced wildfires in 
their communities and who understand the requirements for the use of 
Federal disaster funds.
    (c) Updates.--The Administrator of the Federal Emergency Management 
Agency shall update the guide under subsection (a) as programs and 
resources change.
[A]: Prepare, Ready, Equip, and Prevent Areas at Risk of Emergency Wildfires Act of 2015 or the PREPARE Act of 2015  Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Federal Emergency Management Agency (FEMA) to establish a pilot program to make grants to states or Indian tribal governments for wildfire mitigation. Permits a grant to be used: (1) to reduce the use of fuels that may contribute to catastrophic wildfires in high-risk areas; (2) to invest in personnel, organizations, vehicles, and other equipment to conduct wildfire mitigation; (3) to mitigate against damage from runoff into waterways and floods caused by erosion from wildfires; (4) to build essential community collaboration and outline the necessary groundwork systems in anticipation of future fires; and (5) for other wildlife mitigation activities at the discretion of the governor of a state or the chief executive of an Indian tribal government. Sets forth a grant eligibility requirement based on specified ratios of the relative population of, and the relative number fire management assistance grants received in the previous 10 years by, a prospective recipient. Authorizes the President to waive that requirement if a recipient demonstrates that significant environmental changes or shifts in forest health put the recipient at an elevated risk for catastrophic wildfires. Allows the governor of a state to award grant funds to: (1) any county or municipality with a community wildfire protection plan or a local multi-hazard mitigation plan, (2) any Indian tribal government with a tribal mitigation plan, or (3) any other entity that is explicitly referenced in and central to the design of a community wildfire protection plan or a local multi-hazard mitigation plan. Directs FEMA, in awarding such grants, to: (1) give preference to a recipient that has a high level of need for assistance based on the best scientific data available or that used previous grant funds efficiently and effectively for wildfire mitigation activities, and (2) consider environmental conditions in a state or area. Directs FEMA to use specified unobligated amounts in the National Predisaster Mitigation Fund for each of FY2016-FY2021 in carrying out this Act. Amends the Stafford Act to authorize the President, whether or not a major disaster is declared, to provide hazard mitigation assistance in any area affected by a fire for which assistance was otherwise provided. Directs FEMA to require FEMA, in evaluating a governor's request for major disaster assistance under the Public Assistance Program, to consider whether: (1) post-fire flooding occurred within five years of, and as a result of, a single wildfire event in the state; and (2) the state received fire management assistance related to the major disaster for which the governor is requesting assistance. Directs FEMA to create and make publicly available a post-fire recovery funding and resource guide for local communities.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Insurance Non-Discrimination for 
Survivors Act''.

SEC. 2. DEFINITIONS.

    In this Act, except as otherwise expressly provided:
            (1) Course of conduct.--The term ``course of conduct'' 
        means a course of repeatedly maintaining a visual or physical 
        proximity to a person or conveying verbal or written threats, 
        including threats conveyed through electronic communications, 
        or threats implied by conduct.
            (2) Electronic communications.--The term ``electronic 
        communications'' includes communications via telephone 
        (including mobile phone), computer, e-mail, video recorder, fax 
        machine, telex, or pager.
            (3) Employ; state.--The terms ``employ'' and ``State'' have 
        the meanings given the terms in section 3 of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 203).
            (4) Employee.--
                    (A) In general.--The term ``employee'' means any 
                person employed by an employer. In the case of an 
                individual employed by a public agency, such term means 
                an individual employed as described in section 3(e)(2) 
                of the Fair Labor Standards Act of 1938 (29 U.S.C. 
                203(e)(2)).
                    (B) Basis.--The term includes a person employed as 
                described in subparagraph (A) on a full- or part-time 
                basis, for a fixed time period, on a temporary basis, 
                pursuant to a detail, or as a participant in a work 
                assignment as a condition of receipt of Federal or 
                State income-based public assistance.
            (5) Employer.--The term ``employer''--
                    (A) means any person engaged in commerce or in any 
                industry or activity affecting commerce who employs 15 
                or more individuals; and
                    (B) includes any person acting directly or 
                indirectly in the interest of an employer in relation 
                to an employee, and includes a public agency that 
                employs individuals as described in section 3(e)(2) of 
                the Fair Labor Standards Act of 1938, but does not 
                include any labor organization (other than when acting 
                as an employer) or anyone acting in the capacity of 
                officer or agent of such labor organization.
            (6) Employment benefits.--The term ``employment benefits'' 
        means all benefits provided or made available to employees by 
        an employer, including group life insurance, health insurance, 
        disability insurance, sick leave, annual leave, educational 
        benefits, and pensions, regardless of whether such benefits are 
        provided by a practice or written policy of an employer or 
        through an ``employee benefit plan'', as defined in section 
        3(3) of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1002(3)).
            (7) Person.--The term ``person'' has the meaning given the 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).
            (8) Repeatedly.--The term ``repeatedly'' means on 2 or more 
        occasions.
            (9) Sexual assault.--The term ``sexual assault'' has the 
        meaning given the term in section 40002 of the Violence Against 
        Women Act of 1994 (42 U.S.C. 13925).
            (10) Victim of domestic violence, dating violence, sexual 
        assault, or stalking.--The term ``victim of domestic violence, 
        dating violence, sexual assault, or stalking'' includes a 
        person who has been a victim of domestic violence, dating 
        violence, sexual assault, or stalking and a person whose family 
        or household member has been a victim of domestic violence, 
        dating violence, sexual assault, or stalking.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Abuse.--The term ``abuse'' means the occurrence of 1 or 
        more of the following acts by a current or former household or 
        family member, intimate partner, or caretaker:
                    (A) Attempting to cause or causing another person 
                bodily injury, physical harm, substantial 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 repeatedly 
                committing acts toward another person, including 
                following the person without proper authority and under 
                circumstances that place the person in reasonable fear 
                of bodily injury or physical harm.
                    (D) Subjecting another person to false imprisonment 
                or kidnapping.
                    (E) Attempting to cause or causing damage to 
                property so as to intimidate or attempt to control the 
                behavior of another person.
            (2) Health carrier.--The term ``health carrier'' means a 
        person that contracts or offers to contract on a risk-assuming 
        basis to provide, deliver, arrange for, pay for, or reimburse 
        any of the cost of health care services, including a sickness 
        and accident insurance company, a health maintenance 
        organization, a nonprofit hospital and health service 
        corporation, 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 benefit plan, including an 
        individual, corporation, partnership, 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 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 insurer, fraternal 
        benefit society, or other legal entity engaged in the business 
        of insurance, including agents, brokers, adjusters, and third-
        party administrators. The term includes employers who provide 
        or make available employment benefits through an employee 
        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 contract 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;
                    (B) a person who has prior or current injuries, 
                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. 4. DISCRIMINATORY ACTS PROHIBITED.

    (a) In General.--No insurer may, directly or indirectly, engage in 
any of the following acts or practices on the basis that the applicant 
or insured, or any person employed by the applicant or insured or with 
whom the applicant or insured is known to have a relationship or 
association, 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 reissue, or 
        canceling or otherwise terminating an insurance policy or 
        health benefit plan.
            (2) Restricting, excluding, or limiting insurance coverage 
        for losses or denying a claim, except as otherwise permitted or 
        required by State laws relating to life insurance 
        beneficiaries.
            (3) Adding a premium differential to any insurance policy 
        or health benefit plan.
    (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 
        involuntarily 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 Security Act of 1974 (29 U.S.C. 
        1161 et seq.) or section 4980B of the Internal Revenue Code of 
        1986.
            (2) Payment of premiums.--Nothing in paragraph (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 subsection has been in force for 18 
        months if it offers conversion to an equivalent individual 
        plan.
            (4) Continuation coverage.--The continuation 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 Retirement Income Security Act of 1974 (29 U.S.C. 
        1161 et seq.) or section 4980B of the Internal Revenue Code of 
        1986 provided to a subject of abuse and is not intended to be 
        in addition to any extension 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 person employed by or 
                contracting with an insurer or health benefit plan may 
                (without the consent of the subject)--
                            (i) use, disclose, or transfer information 
                        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 any 
                        purpose unrelated to the direct provision of 
                        health care services unless such use, 
                        disclosure, or transfer is required by an order 
                        of an entity with authority to regulate 
                        insurance or an order of a court of competent 
                        jurisdiction; or
                            (ii) disclose or transfer information 
                        relating to an applicant's or insured's mailing 
                        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 insurer.
            (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 an insurer for the limited purpose of 
        facilitating treatment of an abuse-related condition or 
        demonstrating that a condition is abuse-related. Nothing in 
        this paragraph shall be construed as authorizing an insurer or 
        health carrier to disregard such provided evidence.

SEC. 5. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE.

    Insurers shall develop and adhere to written policies specifying 
procedures to be followed by employees, contractors, producers, agents, 
and brokers for the purpose of protecting the safety and privacy of a 
subject of abuse and otherwise implementing this Act when taking an 
application, investigating a claim, or taking any other action relating 
to a policy or claim involving a subject of abuse.

SEC. 6. 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. 7. LIFE INSURANCE.

    Nothing in this Act shall be construed to prohibit a life insurer 
from declining to issue a life insurance policy 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. 8. SUBROGATION WITHOUT CONSENT PROHIBITED.

    Subrogation of claims resulting from abuse is prohibited without 
the informed consent of the subject of abuse.

SEC. 9. ENFORCEMENT.

    (a) Federal Trade Commission.--Any act or practice prohibited by 
this Act shall be treated as an unfair 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 Act 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 
Act, including issuing a cease and desist order granting any individual 
relief warranted under the circumstances, including 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 adversely affected by an act 
        or practice of an insurer in violation of this Act 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 permanent injunctive relief and compensatory 
        and punitive damages, as well as the costs of suit and 
        reasonable fees for the aggrieved individual's attorneys and 
        expert 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 statutory damages in the amount of $5,000 for each 
        violation.

SEC. 10. NO PREEMPTION.

    Nothing in this Act shall be construed as superseding any law of a 
State or political subdivision of a State that provides greater 
protection to victims of domestic violence than provided in this Act.

SEC. 11. EFFECTIVE DATE.

    This Act shall apply with respect to any action taken on or after 
the date of enactment of this Act.
[A]:
Insurance Non-Discrimination for Survivors Act - Prohibits an insurer from denying or terminating an insurance policy or health benefit plan, restricting or excluding coverage for losses or denying a claim, or adding a premium differential to any policy or health benefit plan on the basis that the insured (or any employee or any person with whom the insured is known to have a relationship or association) is the subject of, or incurs a claim related to, domestic abuse.

Prohibits: (1) an insurer from denying or limiting payment to an insured who is the subject of abuse if the claim for payment is a result of the abuse; (2) an insurer or health carrier from terminating 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 or the abuser's coverage has terminated and the subject does not qualify for an extension of coverage; and (3) any person employed by or contracting with an insurer or health benefit plan to use, disclose, or transfer specified information (including regarding abuse status) without the subject's consent.

Requires: (1) insurers to develop and adhere to written policies specifying procedures to be followed to protect the safety and privacy of a subject of abuse; and (2) an insurer that takes an action that adversely affects a subject of abuse to advise that applicant or insured in writing of the specific reasons for the action.