I
107TH CONGRESS
2D SESSION
H. R. 4113
To provide for the provision by hospitals of emergency contraceptives to
women who are survivors of sexual assault.
IN THE HOUSE OF REPRESENTATIVES
APRIL 9, 2002
Mrs. MORELLA (for herself, Mr. GREENWOOD, Ms. SLAUGHTER, and Ms.
DEGETTE) introduced the following bill; which was referred to the Com-
mittee 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.
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 Care
for Female Sexual Assault Survivors Act’’.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is estimated that 25,000 women become
pregnant each year as a result of rape or incest.
(2) Surveys have shown that many hospitals do
not routinely provide emergency contraception to
women seeking treatment after being sexually as-
saulted.
(3) 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.
(4) 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.
(5) Medical research strongly indicates that the
sooner emergency contraception is administered, the
greater the likelihood of preventing unintended preg-
nancy, and it is most effective if administered in the
first 12 hours after unprotected intercourse.
(6) 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.
(7) It is essential that all hospitals that provide
emergency medical treatment provide emergency
contraception as a treatment option to any woman
who has been sexually assaulted, so 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 any woman who presents at the
hospital and—
(1) states that she is the victim of sexual as-
sault;
(2) is accompanied by someone who states she
is a victim of sexual assault; or
(3) whom hospital personnel have reason to be-
lieve 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 does not
cause an abortion; and
(B) emergency contraception is effective in
most cases in preventing pregnancy after un-
protected sex.
(2) The hospital promptly offers emergency
contraception to the woman, and promptly provides
it to her upon her request.
(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 that is—
(A) used postcoitally;
(B) prevents pregnancy by delaying ovula-
tion, preventing fertilization of an egg, or pre-
venting implantation of an egg in a uterus; and
(C) is approved by the Food and Drug Ad-
ministration.
(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.
(d) EFFECTIVE DATE; AGENCY CRITERIA.—This sec-
tion takes effect upon the expiration of the 180-day period
beginning on the date of the enactment of this Act. Not
later than 30 days prior to the expiration of such period,
the Secretary shall publish in the Federal Register criteria
for carrying out this section.
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