[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2928 Introduced in House (IH)]






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. Velazquez, 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

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Compassionate Assistance 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 pregnancies 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 pregnancies described in paragraph (1) ended 
        in abortion.
            (3) Surveys have shown that many hospitals do not routinely 
        provide emergency contraception to women seeking treatment 
        after being sexually assaulted.
            (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 contraception at the time of the attack.
            (5) The Food and Drug Administration has declared emergency 
        contraception to be safe and effective in preventing unintended 
        pregnancy, reducing the risk by as much as 89 percent if taken 
        within days of unprotected intercourse and up to 95 percent 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 pregnancy.
            (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 Physicians and the 
        American College of Obstetricians and Gynecologists agree that 
        offering emergency contraception 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. Therefore, 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 prevented 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 provide 
        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 CONTRACEPTIVES WITHOUT CHARGE.

    (a) In General.--Federal funds may not be provided to a hospital 
under any health-related program, unless the hospital meets the 
conditions specified in subsection (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 victim 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 specified 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 contraception, including 
        information explaining that--
                    (A) emergency contraception has been approved by 
                the Food and Drug Administration as a safe and 
                effective way to prevent pregnancy after unprotected 
                intercourse or contraceptive 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 established pregnancy.
            (2) The hospital promptly offers emergency contraception to 
        the woman, and promptly provides such contraception to her at 
        the hospital on her request.
            (3) The information provided pursuant to paragraph (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 Administration 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.
    (d) Effective Date; Agency Criteria.--This section 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.
                                 <all>