S. 930 - Allowing Greater Access to Safe and Effective Contraception Act

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 Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Allowing Greater Access to Safe and Effective Contraception Act".

SEC. 2. APPLICATIONS FOR NON-PRESCRIPTION CONTRACEPTIVE DRUGS.

(a) PRIORITY REVIEW OF APPLICATION. — The Secretary of Health and Human Services (referred to in this section as the "Secretary") shall give priority review to any supplemental application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) for a contraceptive drug, provided that —

(1) the supplemental application is with respect to a drug intended for routine use; and

(2) if the supplemental application is approved, with respect to individuals aged 18 and older, such drug would not be subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).

(b) FEE WAIVER. — The Secretary shall waive the fee under section 736(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(a)(1)) with respect to a supplemental application that receives priority review under subsection (a).

(c) OVER-THE-COUNTER AVAILABILITY. — Notwithstanding any other provision of law, with respect to individuals under age 18, a contraceptive drug that is eligible for priority review under subsection (a) shall be subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), including after approval of the supplemental application as described in subsection (a)(2).

SEC. 3. EMPOWERING WOMEN TO MAKE THEIR OWN HEALTH DECISIONS.

(a) REPEAL OF TAX ON OVER-THE-COUNTER MEDICATIONS. —

(1) HSAS. — Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by striking "Such term" and all that follows through the period.

(2) ARCHER MSAS. — Subparagraph (A) of section 220(d)(2) of the Internal Revenue Code of 1986 is amended by striking "Such term" and all that follows through the period.

(3) HEALTH FLEXIBLE SPENDING ARRANGEMENTS AND HEALTH REIMBURSEMENT ARRANGEMENTS. — Section 106 of the Internal Revenue Code of 1986 is amended by striking subsection (f) and by redesignating subsection (g) as subsection (f).

(4) EFFECTIVE DATES. —

(A) DISTRIBUTIONS FROM SAVINGS ACCOUNTS. — The amendments made by para- graphs (1) and (2) shall apply to amounts paid with respect to taxable years beginning after December 31, 2019.

(B) REIMBURSEMENTS. — The amendment made by paragraph (3) shall apply to expenses incurred with respect to taxable years beginning after December 31, 2019.

(b) REPEAL OF LIMITATIONS ON CONTRIBUTIONS TO FLEXIBLE SPENDING ACCOUNTS. —

(1) IN GENERAL. — Section 125 of the Internal Revenue Code of 1986 is amended by striking subsection (i).

(2) EFFECTIVE DATE. — The amendment made by this subsection shall apply to taxable years beginning after December 31, 2019.