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. CAS-
TLE, Mr. CONYERS, Mr. CROWLEY, Mr. CUMMINGS, Mrs. DAVIS of Cali-
fornia, 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. WAT-
SON, 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 fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL 
To provide for the provision by hospitals of emergency 
contraceptives to women who are survivors of sexual assault. 
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 ‘‘Compassionate Assist-
ance for Rape Emergencies Act’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) It is estimated that 25,000 to 32,000 
women become pregnant each year as a result of 
rape or incest. An estimated 22,000 of these preg-
nancies could be prevented if rape survivors had 
timely access to emergency contraception. 
(2) A 1996 study of rape-related pregnancies 
(published in the American Journal of Obstetrics 
and Gynecology) found that 50 percent of the preg-
nancies described in paragraph (1) ended in abor-
tion. 
(3) Surveys have shown that many hospitals do 
not routinely provide emergency contraception to 
women seeking treatment after being sexually as-
saulted.
(4) The risk of pregnancy after sexual assault 
has been estimated to be 4.7 percent in survivors 
who were not protected by some form of contracep-
tion at the time of the attack. 
(5) The Food and Drug Administration has de-
clared emergency contraception to be safe and effec-
tive in preventing unintended pregnancy, reducing 
the risk by as much as 89 percent if taken within 
days of unprotected intercourse and up to 95 per-
cent if taken in the first 24 hours. 
(6) Medical research strongly indicates that the 
sooner emergency contraception is administered, the 
greater the likelihood of preventing unintended preg-
nancy. 
(7) In light of the safety and effectiveness of 
emergency contraceptive pills, both the American 
Medical Association and the American College of 
Obstetricians and Gynecologists have endorsed more 
widespread availability of such pills. 
(8) The American College of Emergency Physi-
cians and the American College of Obstetricians and 
Gynecologists agree that offering emergency contra-
ception to female patients after a sexual assault 
should be considered the standard of care.
(9) Nine out of ten women of reproductive age 
remain unaware of emergency contraception. There-
fore, women who have been sexually assaulted are 
unlikely to ask for emergency contraception. 
(10) New data from a survey of women having 
abortions estimates that 51,000 abortions were pre-
vented by use of emergency contraception in 2000 
and that increased use of emergency contraception 
accounted for 43 percent of the decrease in total 
abortions between 1994 and 2000. 
(11) It is essential that all hospitals that pro-
vide emergency medical treatment provide emergency 
contraception as a treatment option to any woman 
who has been sexually assaulted, so that she may 
prevent an unintended pregnancy. 
SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY 
HOSPITALS 
OF 
EMERGENCY 
CONTRACEP-
TIVES WITHOUT CHARGE. 
(a) IN GENERAL.—Federal funds may not be pro-
vided to a hospital under any health-related program, un-
less the hospital meets the conditions specified in sub-
section (b) in the case of— 
(1) any woman who presents at the hospital 
and states that she is a victim of sexual assault, or
is accompanied by someone who states she is a vic-
tim of sexual assault; and 
(2) any woman who presents at the hospital 
whom hospital personnel have reason to believe is a 
victim of sexual assault. 
(b) ASSISTANCE FOR VICTIMS.—The conditions spec-
ified in this subsection regarding a hospital and a woman 
described in subsection (a) are as follows: 
(1) The hospital promptly provides the woman 
with medically and factually accurate and unbiased 
written and oral information about emergency con-
traception, including information explaining that— 
(A) emergency contraception has been ap-
proved by the Food and Drug Administration 
as a safe and effective way to prevent preg-
nancy after unprotected intercourse or contra-
ceptive failure if taken in a timely manner, and 
is more effective the sooner it is taken; and 
(B) emergency contraception does not 
cause an abortion and cannot interrupt an es-
tablished pregnancy. 
(2) The hospital promptly offers emergency 
contraception to the woman, and promptly provides 
such contraception to her at the hospital on her re-
quest.
(3) The information provided pursuant to para-
graph (1) is in clear and concise language, is readily 
comprehensible, and meets such conditions regarding 
the provision of the information in languages other 
than English as the Secretary may establish. 
(4) The services described in paragraphs (1) 
through (3) are not denied because of the inability 
of the woman or her family to pay for the services. 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘emergency contraception’’ means 
a drug, drug regimen, or device that is— 
(A) approved by the Food and Drug Ad-
ministration to prevent pregnancy; and 
(B) is used postcoitally. 
(2) The term ‘‘hospital’’ has the meanings given 
such term in title XVIII of the Social Security Act, 
including the meaning applicable in such title for 
purposes of making payments for emergency services 
to hospitals that do not have agreements in effect 
under such title. 
(3) The term ‘‘Secretary’’ means the Secretary 
of Health and Human Services. 
(4) The term ‘‘sexual assault’’ means coitus in 
which the woman involved does not consent or lacks 
the legal capacity to consent.