I 

109TH CONGRESS 

1ST SESSION H. R. 2928 

To provide for the provision by hospitals of emergency contraceptives to 

women who are survivors of sexual assault. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2005 

Mr. ROTHMAN (for himself, Mr. SIMMONS, Mr. ABERCROMBIE, Mr. ALLEN, 

Ms. BALDWIN, Ms. BERKLEY, Mr. BERMAN, Mr. BLUMENAUER, Mr. 

BRADLEY of New Hampshire, Mr. BRADY of Pennsylvania, Mr. BROWN

of Ohio, Mr. CARNAHAN, Mrs. CAPPS, Ms. CARSON, Mr. CASE, Mr. CASTLE, Mr. CONYERS, Mr. CROWLEY, Mr. CUMMINGS, Mrs. DAVIS of California, Mr. DEFAZIO, Ms. DEGETTE, Ms. DELAURO, Mr. DINGELL, Mr. 

ENGEL, Mr. EVANS, Mr. FARR, Mr. FRANK of Massachusetts, Mr. 

GRIJALVA, Mr. GUTIERREZ, Ms. HARMAN, Mr. HASTINGS of Florida, Mr. 

HOLT, Mr. INSLEE, Ms. JACKSON-LEE of Texas, Mr. JEFFERSON, Mrs. 

JOHNSON of Connecticut, Mr. KENNEDY of Rhode Island, Mr. KIRK, Mr. 

KUCINICH, Mr. LARSEN of Washington, Mr. LEWIS of Georgia, Ms. ZOE

LOFGREN of California, Mrs. LOWEY, Mrs. MCCARTHY, Ms. MCCOLLUM

of Minnesota, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCHUGH, Mrs. 

MALONEY, Mr. GEORGE MILLER of California, Mr. MORAN of Virginia, 

Mr. NADLER, Mr. OLVER, Mr. OWENS, Mr. PALLONE, Mr. PAYNE, Mr. 

PRICE of North Carolina, Ms. ROYBAL-ALLARD, Mr. SANDERS, Ms. 

SCHAKOWSKY, Mr. SCHWARZ of Michigan, Mr. SHAYS, Ms. SLAUGHTER, 

Mr. SMITH of Washington, Ms. SOLIS, Mr. STARK, Mr. TIERNEY, Mr. 

TOWNS, Mr. UDALL of Colorado, Ms. WASSERMAN SCHULTZ, Ms. WATSON, Mr. WAXMAN, Mr. WEINER, Mr. WEXLER, Ms. WOOLSEY, Ms. 

VELA ́ZQUEZ, Mr. MILLER of North Carolina, Mr. BOEHLERT, Mr. 

HONDA, Mr. SCHIFF, Mr. BOUCHER, and Ms. ESHOO) 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 
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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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Compassionate Assist5 ance for Rape Emergencies Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 

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

9 women become pregnant each year as a result of 

10 rape or incest. An estimated 22,000 of these preg11 nancies could be prevented if rape survivors had 

12 timely access to emergency contraception. 

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

14 (published in the American Journal of Obstetrics 

15 and Gynecology) found that 50 percent of the preg16 nancies described in paragraph (1) ended in abor17 tion. 

18 (3) Surveys have shown that many hospitals do 

19 not routinely provide emergency contraception to 

20 women seeking treatment after being sexually as21 saulted. 
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1 (4) The risk of pregnancy after sexual assault 

2 has been estimated to be 4.7 percent in survivors 

3 who were not protected by some form of contracep4 tion at the time of the attack. 

5 (5) The Food and Drug Administration has de6 clared emergency contraception to be safe and effec7 tive in preventing unintended pregnancy, reducing 

8 the risk by as much as 89 percent if taken within 

9 days of unprotected intercourse and up to 95 per10 cent if taken in the first 24 hours. 

11 (6) Medical research strongly indicates that the 

12 sooner emergency contraception is administered, the 

13 greater the likelihood of preventing unintended preg14 nancy. 

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

16 emergency contraceptive pills, both the American 

17 Medical Association and the American College of 

18 Obstetricians and Gynecologists have endorsed more 

19 widespread availability of such pills. 

20 (8) The American College of Emergency Physi21 cians and the American College of Obstetricians and 

22 Gynecologists agree that offering emergency contra23 ception to female patients after a sexual assault 

24 should be considered the standard of care. 
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1 (9) Nine out of ten women of reproductive age 

2 remain unaware of emergency contraception. There3 fore, women who have been sexually assaulted are 

4 unlikely to ask for emergency contraception. 

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

6 abortions estimates that 51,000 abortions were pre7 vented by use of emergency contraception in 2000 

8 and that increased use of emergency contraception 

9 accounted for 43 percent of the decrease in total 

10 abortions between 1994 and 2000. 

11 (11) It is essential that all hospitals that pro12 vide emergency medical treatment provide emergency 

13 contraception as a treatment option to any woman 

14 who has been sexually assaulted, so that she may 

15 prevent an unintended pregnancy. 

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

17 HOSPITALS OF EMERGENCY CONTRACEP18 TIVES WITHOUT CHARGE. 

19 (a) IN GENERAL.—Federal funds may not be pro20 vided to a hospital under any health-related program, un21 less the hospital meets the conditions specified in sub22 section (b) in the case of— 

23 (1) any woman who presents at the hospital 

24 and states that she is a victim of sexual assault, or 
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1 is accompanied by someone who states she is a vic2 tim of sexual assault; and 

3 (2) any woman who presents at the hospital 

4 whom hospital personnel have reason to believe is a 

5 victim of sexual assault. 

6 (b) ASSISTANCE FOR VICTIMS.—The conditions spec7 ified in this subsection regarding a hospital and a woman 

8 described in subsection (a) are as follows: 

9 (1) The hospital promptly provides the woman 

10 with medically and factually accurate and unbiased 

11 written and oral information about emergency con12 traception, including information explaining that— 

13 (A) emergency contraception has been ap14 proved by the Food and Drug Administration 

15 as a safe and effective way to prevent preg16 nancy after unprotected intercourse or contra17 ceptive failure if taken in a timely manner, and 

18 is more effective the sooner it is taken; and 

19 (B) emergency contraception does not 

20 cause an abortion and cannot interrupt an es21 tablished pregnancy. 

22 (2) The hospital promptly offers emergency 

23 contraception to the woman, and promptly provides 

24 such contraception to her at the hospital on her re25 quest. 
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1 (3) The information provided pursuant to para2 graph (1) is in clear and concise language, is readily 

3 comprehensible, and meets such conditions regarding 

4 the provision of the information in languages other 

5 than English as the Secretary may establish. 

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

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

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

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

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

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

12 (A) approved by the Food and Drug Ad13 ministration to prevent pregnancy; and 

14 (B) is used postcoitally. 

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

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

17 including the meaning applicable in such title for 

18 purposes of making payments for emergency services 

19 to hospitals that do not have agreements in effect 

20 under such title. 

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

22 of Health and Human Services. 

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

24 which the woman involved does not consent or lacks 

25 the legal capacity to consent. 
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1 (d) EFFECTIVE DATE; AGENCY CRITERIA.—This sec2 tion takes effect upon the expiration of the 180-day period 

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

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

5 the Secretary shall publish in the Federal Register criteria 

6 for carrying out this section. 

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