I

104TH CONGRESS

2D SESSION H. R. 3179

To modify various Federal health programs to make available certain services

to women who are members of racial or ethnic minority groups, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 27, 1996

Ms. VELA ́ZQUEZ introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Commerce, Economic and Educational Opportunities, and Agriculture, for a

period to be subsequently determined by the Speaker, in each case for

consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To modify various Federal health programs to make available

certain services to women who are members of racial

or ethnic minority groups, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Fairness to Minority

5 Women Health Act’’.
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1 SEC. 2. EXCEPTION TO AFDC INCOME AND RESOURCES AT2 TRIBUTION RULE FOR CERTAIN BATTERED

3 ALIENS.

4 (a) IN GENERAL.—Section 415(f) of the Social Secu5 rity Act (42 U.S.C. 615(f)) is amended—

6 (1) in the matter preceding paragraph (1), by

7 striking ‘‘who is—’’ and inserting ‘‘who—’’;

8 (2) in each of paragraphs (1) and (2), by in9 serting ‘‘is’’ before ‘‘admitted’’;

10 (3) in paragraph (3), by inserting ‘‘is’’ before

11 ‘‘paroled’’;

12 (4) in paragraph (4)—

13 (A) by inserting ‘‘is’’ before ‘‘granted’’;

14 and

15 (B) by striking ‘‘or’’ at the end;

16 (5) in paragraph (5)—

17 (A) by inserting ‘‘is’’ before ‘‘a Cuban’’;

18 and

19 (B) by striking the period at the end and

20 inserting a semicolon; and

21 (6) by adding at the end the following:

22 ‘‘(6) is battered by, or is the subject of extreme

23 cruelty (including physical acts resulting in physical

24 injury or a threat of physical injury, sexual abuse,

25 rape, or mental abuse) perpetrated by, the spouse or

26 other person who executed the affidavit of support
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1 or similar agreement referred to in subsection (a)

2 with respect to the alien, but only after the first day

3 on which the battery or cruelty occurs after the alien

4 enters into the United States; or

5 ‘‘(7) is a dependent child, and a relative with

6 whom the child is living is battered by, or is the sub7 ject of extreme cruelty (including physical acts re8 sulting in physical injury or a threat of physical in9 jury, sexual abuse, rape, or mental abuse) per10 petrated by, the parent or other person who executed

11 the affidavit of support or similar agreement re12 ferred to in subsection (a) with respect to the alien,

13 but only after the first day on which the battery or

14 cruelty occurs after the alien enters into the United

15 States.’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall take effect 90 days after the date of

18 the enactment of this Act.

19 SEC. 3. AMENDMENT TO THE FOOD STAMP ACT OF 1977.

20 (a) IN GENERAL.—Section 5(i) of the Food Stamp

21 Act of 1977 (7 U.S.C. 2014(i)) is amended by adding at

22 the end the following:

23 ‘‘(F) If an alien is battered by the alien’s sponsor,

24 or is the subject of extreme cruelty perpetrated by the

25 sponsor, after such alien enters the United States, then
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1 after the date the battery or cruelty occurs, this subsection

2 (other than subparagraph (E) of paragraph (2)) shall not

3 apply with respect to such alien and to any child of such

4 alien less than 18 years of age and residing with such

5 alien.’’.

6 (b) The amendment made by subsection (a) shall take

7 effect 90 days after the date of the enactment of this Act.

8 SEC. 4. REQUIRING CERTAIN RECIPIENTS OF FEDERAL FI9 NANCIAL ASSISTANCE TO HAVE PERSONNEL

10 AVAILABLE WHO SPEAK PREDOMINANT LAN11 GUAGE USED IN AREA.

12 (a) PROVIDERS OF OBSTETRICAL AND GYNECO13 LOGICAL SERVICES.—

14 (1) MEDICAID.—Section 1903(i) of the Social

15 Security Act (42 U.S.C. 1396b(i)) is amended—

16 (A) by striking ‘‘or’’ at the end of para17 graph (14);

18 (B) by striking the period at the end of

19 paragraph (15) and inserting ‘‘; or’’; and

20 (C) by inserting after paragraph (15) the

21 following new paragraph:

22 ‘‘(16) with respect to any amount expended for

23 obstetrical or gynecological services furnished by or

24 through a hospital, clinic, or other institutional pro25 vider, unless the hospital, clinic, or provider has
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1 available at least one individual who is able to com2 municate in the predominant language used by resi3 dents of the area in which the hospital, clinic, or

4 provider is located (as determined by the Secretary

5 on the basis of information provided by the Sec6 retary of Commerce pursuant to the most recent de7 cennial census).’’.

8 (2) FAMILY PLANNING SERVICES.—Section

9 1001 of the Public Health Service Act (42 U.S.C.

10 300) is amended—

11 (A) by redesignating subsections (c) and

12 (d) as subsections (d) and (e), respectively; and

13 (B) by inserting after subsection (b) the

14 following subsection:

15 ‘‘(c) The Secretary may make a grant under this sec16 tion only if the applicant involved agrees to ensure that,

17 of the individuals providing services under the grant, at

18 least one will be an individual who is able to communicate

19 in the predominant language used by residents of the area

20 in which the family planning project involved is located

21 (as determined by the Secretary on the basis of informa22 tion provided by the Secretary of Commerce pursuant to

23 the most recent decennial census).’’.
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1 (3) EFFECTIVE DATE.—The amendments made

2 by this subsection shall apply to services furnished

3 on or after October 1, 1996.

4 (b) DOMESTIC VIOLENCE SHELTERS.—

5 (1) IN GENERAL.—The Family Violence Pre6 vention and Services Act (42 U.S.C. 10401 et seq.)

7 is amended by adding at the end the following new

8 section:

9 ‘‘SEC. 319. AVAILABILITY OF BILINGUAL SERVICES.

10 ‘‘No funds may be made available under this title for

11 any provider of shelter or related assistance unless the

12 provider has available at least one individual who is able

13 to communicate in the predominant language used by resi14 dents of the area in which the provider is located (as deter15 mined by the Secretary on the basis of information pro16 vided by the Secretary of Commerce pursuant to the most

17 recent decennial census).’’.

18 (2) EFFECTIVE DATE.—The amendment made

19 by paragraph (1) shall apply to funds made available

20 on or after October 1, 1996.

21 SEC. 5. STUDY REGARDING DOMESTIC VIOLENCE AND

22 LATINA WOMEN.

23 (a) IN GENERAL.—With respect to cases of domestic

24 violence in which Latina women are the victims, the Sec25 retary of Health and Human Services, in consultation with
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1 the Attorney General of the United States, shall conduct

2 a study for the following purposes:

3 (1) To determine the incidence of such cases,

4 and to provide a comparison of such estimate with

5 the relevant incidence for other populations of

6 women (utilizing existing data regarding such other

7 populations).

8 (2) To determine whether and to what extent

9 the causes and effects for such cases are different

10 than for cases of domestic violence in which other

11 populations of women are the victims (utilizing exist12 ing data regarding such other populations).

13 (b) REPORT.—Not later than 3 years after the date

14 of the enactment of this Act, the Secretary of Health and

15 Human Services shall submit to the Congress a report de16 scribing the findings made in the study under subsection

17 (a).

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