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 Com-
mittee on Ways and Means, and in addition to the Committees on Com-
merce, 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 com-
mittee 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fairness to Minority
Women Health Act’’.
SEC. 2. EXCEPTION TO AFDC INCOME AND RESOURCES AT-
TRIBUTION RULE FOR CERTAIN BATTERED
ALIENS.
(a) IN GENERAL.—Section 415(f) of the Social Secu-
rity Act (42 U.S.C. 615(f)) is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘who is—’’ and inserting ‘‘who—’’;
(2) in each of paragraphs (1) and (2), by in-
serting ‘‘is’’ before ‘‘admitted’’;
(3) in paragraph (3), by inserting ‘‘is’’ before
‘‘paroled’’;
(4) in paragraph (4)—
(A) by inserting ‘‘is’’ before ‘‘granted’’;
and
(B) by striking ‘‘or’’ at the end;
(5) in paragraph (5)—
(A) by inserting ‘‘is’’ before ‘‘a Cuban’’;
and
(B) by striking the period at the end and
inserting a semicolon; and
(6) by adding at the end the following:
‘‘(6) is battered by, or is the subject of extreme
cruelty (including physical acts resulting in physical
injury or a threat of physical injury, sexual abuse,
rape, or mental abuse) perpetrated by, the spouse or
other person who executed the affidavit of support
or similar agreement referred to in subsection (a)
with respect to the alien, but only after the first day
on which the battery or cruelty occurs after the alien
enters into the United States; or
‘‘(7) is a dependent child, and a relative with
whom the child is living is battered by, or is the sub-
ject of extreme cruelty (including physical acts re-
sulting in physical injury or a threat of physical in-
jury, sexual abuse, rape, or mental abuse) per-
petrated by, the parent or other person who executed
the affidavit of support or similar agreement re-
ferred to in subsection (a) with respect to the alien,
but only after the first day on which the battery or
cruelty occurs after the alien enters into the United
States.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect 90 days after the date of
the enactment of this Act.
SEC. 3. AMENDMENT TO THE FOOD STAMP ACT OF 1977.
(a) IN GENERAL.—Section 5(i) of the Food Stamp
Act of 1977 (7 U.S.C. 2014(i)) is amended by adding at
the end the following:
‘‘(F) If an alien is battered by the alien’s sponsor,
or is the subject of extreme cruelty perpetrated by the
sponsor, after such alien enters the United States, then
after the date the battery or cruelty occurs, this subsection
(other than subparagraph (E) of paragraph (2)) shall not
apply with respect to such alien and to any child of such
alien less than 18 years of age and residing with such
alien.’’.
(b) The amendment made by subsection (a) shall take
effect 90 days after the date of the enactment of this Act.
SEC. 4. REQUIRING CERTAIN RECIPIENTS OF FEDERAL FI-
NANCIAL ASSISTANCE TO HAVE PERSONNEL
AVAILABLE WHO SPEAK PREDOMINANT LAN-
GUAGE USED IN AREA.
(a) PROVIDERS
OF OBSTETRICAL
AND GYNECO-
LOGICAL SERVICES.—
(1) MEDICAID.—Section 1903(i) of the Social
Security Act (42 U.S.C. 1396b(i)) is amended—
(A) by striking ‘‘or’’ at the end of para-
graph (14);
(B) by striking the period at the end of
paragraph (15) and inserting ‘‘; or’’; and
(C) by inserting after paragraph (15) the
following new paragraph:
‘‘(16) with respect to any amount expended for
obstetrical or gynecological services furnished by or
through a hospital, clinic, or other institutional pro-
vider, unless the hospital, clinic, or provider has
available at least one individual who is able to com-
municate in the predominant language used by resi-
dents of the area in which the hospital, clinic, or
provider is located (as determined by the Secretary
on the basis of information provided by the Sec-
retary of Commerce pursuant to the most recent de-
cennial census).’’.
(2) FAMILY
PLANNING
SERVICES.—Section
1001 of the Public Health Service Act (42 U.S.C.
300) is amended—
(A) by redesignating subsections (c) and
(d) as subsections (d) and (e), respectively; and
(B) by inserting after subsection (b) the
following subsection:
‘‘(c) The Secretary may make a grant under this sec-
tion only if the applicant involved agrees to ensure that,
of the individuals providing services under the grant, at
least one will be an individual who is able to communicate
in the predominant language used by residents of the area
in which the family planning project involved is located
(as determined by the Secretary on the basis of informa-
tion provided by the Secretary of Commerce pursuant to
the most recent decennial census).’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to services furnished
on or after October 1, 1996.
(b) DOMESTIC VIOLENCE SHELTERS.—
(1) IN GENERAL.—The Family Violence Pre-
vention and Services Act (42 U.S.C. 10401 et seq.)
is amended by adding at the end the following new
section:
‘‘SEC. 319. AVAILABILITY OF BILINGUAL SERVICES.
‘‘No funds may be made available under this title for
any provider of shelter or related assistance unless the
provider has available at least one individual who is able
to communicate in the predominant language used by resi-
dents of the area in which the provider is located (as deter-
mined by the Secretary on the basis of information pro-
vided by the Secretary of Commerce pursuant to the most
recent decennial census).’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to funds made available
on or after October 1, 1996.
SEC. 5. STUDY REGARDING DOMESTIC VIOLENCE AND
LATINA WOMEN.
(a) IN GENERAL.—With respect to cases of domestic
violence in which Latina women are the victims, the Sec-
retary of Health and Human Services, in consultation with
the Attorney General of the United States, shall conduct
a study for the following purposes:
(1) To determine the incidence of such cases,
and to provide a comparison of such estimate with
the relevant incidence for other populations of
women (utilizing existing data regarding such other
populations).
(2) To determine whether and to what extent
the causes and effects for such cases are different
than for cases of domestic violence in which other
populations of women are the victims (utilizing exist-
ing data regarding such other populations).
(b) REPORT.—Not later than 3 years after the date
of the enactment of this Act, the Secretary of Health and
Human Services shall submit to the Congress a report de-
scribing the findings made in the study under subsection
(a).
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