Allowing Greater Access to Safe and Effective Contraception Act

II 116TH CONGRESS 1ST SESSION S. 930 To allow women greater access to safe and effective contraception. IN THE SENATE OF THE UNITED STATES MARCH 28, 2019 Ms. ERNST (for herself and Mr. GARDNER) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To allow women greater access to safe and effective contraception. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Allowing Greater Ac- 4 cess to Safe and Effective Contraception Act’’. 5 SEC. 2. APPLICATIONS FOR NON-PRESCRIPTION CONTRA- 6 CEPTIVE DRUGS. 7 (a) PRIORITY REVIEW OF APPLICATION.—The Sec- 8 retary of Health and Human Services (referred to in this 9 section as the ‘‘Secretary’’) shall give priority review to 10 any supplemental application submitted under section 11 VerDate Sep 11 2014 03:59 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S930.IS S930 kjohnson on DSK79L0C42 with BILLS 2 •S 930 IS 505(b) of the Federal Food, Drug, and Cosmetic Act (21 1 U.S.C. 355(b)) for a contraceptive drug, provided that— 2 (1) the supplemental application is with respect 3 to a drug intended for routine use; and 4 (2) if the supplemental application is approved, 5 with respect to individuals aged 18 and older, such 6 drug would not be subject to section 503(b)(1) of 7 the Federal Food, Drug, and Cosmetic Act (21 8 U.S.C. 353(b)(1)). 9 (b) FEE WAIVER.—The Secretary shall waive the fee 10 under section 736(a)(1) of the Federal Food, Drug, and 11 Cosmetic Act (21 U.S.C. 379h(a)(1)) with respect to a 12 supplemental application that receives priority review 13 under subsection (a). 14 (c) OVER-THE-COUNTER AVAILABILITY.—Notwith- 15 standing any other provision of law, with respect to indi- 16 viduals under age 18, a contraceptive drug that is eligible 17 for priority review under subsection (a) shall be subject 18 to section 503(b)(1) of the Federal Food, Drug, and Cos- 19 metic Act (21 U.S.C. 353(b)(1)), including after approval 20 of the supplemental application as described in subsection 21 (a)(2). 22 VerDate Sep 11 2014 03:59 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S930.IS S930 kjohnson on DSK79L0C42 with BILLS 3 •S 930 IS SEC. 3. EMPOWERING WOMEN TO MAKE THEIR OWN 1 HEALTH DECISIONS. 2 (a) REPEAL OF TAX ON OVER-THE-COUNTER MEDI- 3 CATIONS.— 4 (1) HSAS.—Subparagraph (A) of section 5 223(d)(2) of the Internal Revenue Code of 1986 is 6 amended by striking ‘‘Such term’’ and all that fol- 7 lows through the period. 8 (2) ARCHER MSAS.—Subparagraph (A) of sec- 9 tion 220(d)(2) of the Internal Revenue Code of 1986 10 is amended by striking ‘‘Such term’’ and all that fol- 11 lows through the period. 12 (3) HEALTH FLEXIBLE SPENDING ARRANGE- 13 MENTS AND HEALTH REIMBURSEMENT ARRANGE- 14 MENTS.—Section 106 of the Internal Revenue Code 15 of 1986 is amended by striking subsection (f) and 16 by redesignating subsection (g) as subsection (f). 17 (4) EFFECTIVE DATES.— 18 (A) DISTRIBUTIONS FROM SAVINGS AC- 19 COUNTS.—The amendments made by para- 20 graphs (1) and (2) shall apply to amounts paid 21 with respect to taxable years beginning after 22 December 31, 2019. 23 (B) REIMBURSEMENTS.—The amendment 24 made by paragraph (3) shall apply to expenses 25 VerDate Sep 11 2014 03:59 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S930.IS S930 kjohnson on DSK79L0C42 with BILLS 4 •S 930 IS incurred with respect to taxable years beginning 1 after December 31, 2019. 2 (b) REPEAL OF LIMITATIONS ON CONTRIBUTIONS TO 3 FLEXIBLE SPENDING ACCOUNTS.— 4 (1) IN GENERAL.—Section 125 of the Internal 5 Revenue Code of 1986 is amended by striking sub- 6 section (i). 7 (2) EFFECTIVE DATE.—The amendment made 8 by this subsection shall apply to taxable years begin- 9 ning after December 31, 2019. 10 Æ VerDate Sep 11 2014 03:59 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S930.IS S930 kjohnson on DSK79L0C42 with BILLS