I 

108TH CONGRESS 

1ST SESSION H. R. 2527

To provide for the provision by hospitals of emergency contraceptives to 

women who are survivors of sexual assault. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2003

Mr. GREENWOOD (for himself, Mr. ROTHMAN, Mrs. JOHNSON of Connecticut, 

Ms. DEGETTE, Ms. SLAUGHTER, Mr. PALLONE, Mr. OLVER, Mrs. DAVIS

of California, Mr. ABERCROMBIE, Mr. EVANS, Mr. GEORGE MILLER of 

California, Ms. CORRINE BROWN of Florida, Ms. LEE, Mr. INSLEE, Mr. 

CASE, Mr. WAXMAN, Mr. TIERNEY, Mr. BACA, Mrs. JONES of Ohio, Mr. 

BLUMENAUER, Mr. LARSON of Connecticut, Mr. NADLER, Mr. DINGELL, 

Mr. MCDERMOTT, Mr. BROWN of Ohio, Ms. EDDIE BERNICE JOHNSON

of Texas, Ms. HARMAN, Ms. LOFGREN, Mr. MATSUI, Mr. BRADY of 

Pennsylvania, Ms. DELAURO, Mr. STARK, Mr. FALEOMAVAEGA, Mr. 

GRIJALVA, Ms. BERKLEY, Ms. CARSON of Indiana, Mr. FARR, Mr. JACKSON of Illinois, Mr. OWENS, Mrs. MALONEY, Mr. SANDERS, Mr. WU, and 

Ms. WOOLSEY) introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committee 

on Ways and Means, 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 provide for the provision by hospitals of emergency 

contraceptives to women who are survivors of sexual assault.

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

2 This Act may be cited as the ‘‘Compassionate Assist3 ance for Rape Emergencies Act’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds as follows: 

6 (1) It is estimated that 25,000 to 32,000 

7 women become pregnant each year as a result of 

8 rape or incest. An estimated 22,000 of these preg9 nancies could be prevented if rape survivors had 

10 timely access to emergency contraception. 

11 (2) A 1996 study of rape-related pregnancies 

12 (published in the American Journal of Obstetrics 

13 and Gynecology) found that 50 percent of the preg14 nancies described in paragraph (1) ended in abor15 tion. 

16 (3) Surveys have shown that many hospitals do 

17 not routinely provide emergency contraception to 

18 women seeking treatment after being sexually as19 saulted. 

20 (4) The risk of pregnancy after sexual assault 

21 has been estimated to be 4.7 percent in survivors 

22 who were not protected by some form of contracep23 tion at the time of the attack. 

24 (5) The Food and Drug Administration has de25 clared emergency contraception to be safe and effec-
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1 tive in preventing unintended pregnancy, reducing 

2 the risk by as much as 89 percent. 

3 (6) Medical research strongly indicates that the 

4 sooner emergency contraception is administered, the 

5 greater the likelihood of preventing unintended preg6 nancy. 

7 (7) In light of the safety and effectiveness of 

8 emergency contraceptive pills, both the American 

9 Medical Association and the American College of 

10 Obstetricians and Gynecologists have endorsed more 

11 widespread availability of such pills. 

12 (8) The American College of Emergency Physi13 cians and the American College of Obstetricians and 

14 Gynecologists agree that offering emergency contra15 ception to female patients after a sexual assault 

16 should be considered the standard of care. 

17 (9) Nine out of ten women of reproductive age 

18 remain unaware of emergency contraception. There19 fore, women who have been sexually assaulted are 

20 unlikely to ask for emergency contraception. 

21 (10) New data from a survey of women having 

22 abortions estimates that 51,000 abortions were pre23 vented by use of emergency contraception in 2000 

24 and that increased use of emergency contraception 
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1 accounted for 43 percent of the decrease in total 

2 abortions between 1994 and 2000. 

3 (11) It is essential that all hospitals that pro4 vide emergency medical treatment provide emergency 

5 contraception as a treatment option to any woman 

6 who has been sexually assaulted, so that she may 

7 prevent an unintended pregnancy. 

8 SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY 

9 HOSPITALS OF EMERGENCY CONTRACEP10 TIVES WITHOUT CHARGE. 

11 (a) IN GENERAL.—Federal funds may not be pro12 vided to a hospital under any health-related program, un13 less the hospital meets the conditions specified in sub14 section (b) in the case of—

15 (1) any woman who presents at the hospital 

16 and states that she is a victim of sexual assault, or 

17 is accompanied by someone who states she is a vic18 tim of sexual assault; and 

19 (2) any woman who presents at the hospital 

20 whom hospital personnel have reason to believe is a 

21 victim of sexual assault. 

22 (b) ASSISTANCE FOR VICTIMS.—The conditions spec23 ified in this subsection regarding a hospital and a woman 

24 described in subsection (a) are as follows: 
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1 (1) The hospital promptly provides the woman 

2 with medically and factually accurate and unbiased 

3 written and oral information about emergency con4 traception, including information explaining that—

5 (A) emergency contraception does not 

6 cause an abortion; and 

7 (B) emergency contraception is effective in 

8 most cases in preventing pregnancy after un9 protected sex. 

10 (2) The hospital promptly offers emergency 

11 contraception to the woman, and promptly provides 

12 such contraception to her on her request. 

13 (3) The information provided pursuant to para14 graph (1) is in clear and concise language, is readily 

15 comprehensible, and meets such conditions regarding 

16 the provision of the information in languages other 

17 than English as the Secretary may establish. 

18 (4) The services described in paragraphs (1) 

19 through (3) are not denied because of the inability 

20 of the woman or her family to pay for the services. 

21 (c) DEFINITIONS.—For purposes of this section: 

22 (1) The term ‘‘emergency contraception’’ means 

23 a drug, drug regimen, or device that is—

24 (A) used postcoitally; 
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1 (B) prevents pregnancy by delaying ovula2 tion, preventing fertilization of an egg, or pre3 venting implantation of an egg in a uterus; and 

4 (C) is approved by the Food and Drug Ad5 ministration. 

6 (2) The term ‘‘hospital’’ has the meanings given 

7 such term in title XVIII of the Social Security Act, 

8 including the meaning applicable in such title for 

9 purposes of making payments for emergency services 

10 to hospitals that do not have agreements in effect 

11 under such title. 

12 (3) The term ‘‘Secretary’’ means the Secretary 

13 of Health and Human Services. 

14 (4) The term ‘‘sexual assault’’ means coitus in 

15 which the woman involved does not consent or lacks 

16 the legal capacity to consent. 

17 (d) EFFECTIVE DATE; AGENCY CRITERIA.—This sec18 tion takes effect upon the expiration of the 180-day period 

19 beginning on the date of the enactment of this Act. Not 

20 later than 30 days prior to the expiration of such period, 

21 the Secretary shall publish in the Federal Register criteria 

22 for carrying out this section.

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