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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Allowing Greater Ac5 cess to Safe and Effective Contraception Act’’. 

6 SEC. 2. APPLICATIONS FOR NON-PRESCRIPTION CONTRA7 CEPTIVE DRUGS. 

8 (a) PRIORITY REVIEW OF APPLICATION.—The Sec9 retary of Health and Human Services (referred to in this 

10 section as the ‘‘Secretary’’) shall give priority review to 

11 any supplemental application submitted under section 


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1 505(b) of the Federal Food, Drug, and Cosmetic Act (21 

2 U.S.C. 355(b)) for a contraceptive drug, provided that— 

3 (1) the supplemental application is with respect 

4 to a drug intended for routine use; and 

5 (2) if the supplemental application is approved, 

6 with respect to individuals aged 18 and older, such 

7 drug would not be subject to section 503(b)(1) of 

8 the Federal Food, Drug, and Cosmetic Act (21 

9 U.S.C. 353(b)(1)). 

10 (b) FEE WAIVER.—The Secretary shall waive the fee 

11 under section 736(a)(1) of the Federal Food, Drug, and 

12 Cosmetic Act (21 U.S.C. 379h(a)(1)) with respect to a 

13 supplemental application that receives priority review 

14 under subsection (a). 

15 (c) OVER-THE-COUNTER AVAILABILITY.—Notwith16 standing any other provision of law, with respect to indi17 viduals under age 18, a contraceptive drug that is eligible 

18 for priority review under subsection (a) shall be subject 

19 to section 503(b)(1) of the Federal Food, Drug, and Cos20 metic Act (21 U.S.C. 353(b)(1)), including after approval 

21 of the supplemental application as described in subsection 

22 (a)(2). 


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1 SEC. 3. EMPOWERING WOMEN TO MAKE THEIR OWN 

2 HEALTH DECISIONS. 

3 (a) REPEAL OF TAX ON OVER-THE-COUNTER MEDI4 CATIONS.— 

5 (1) HSAS.—Subparagraph (A) of section 

6 223(d)(2) of the Internal Revenue Code of 1986 is 

7 amended by striking ‘‘Such term’’ and all that fol8 lows through the period. 

9 (2) ARCHER MSAS.—Subparagraph (A) of sec10 tion 220(d)(2) of the Internal Revenue Code of 1986 

11 is amended by striking ‘‘Such term’’ and all that fol12 lows through the period. 

13 (3) HEALTH FLEXIBLE SPENDING ARRANGE14 MENTS AND HEALTH REIMBURSEMENT ARRANGE15 MENTS.—Section 106 of the Internal Revenue Code 

16 of 1986 is amended by striking subsection (f) and 

17 by redesignating subsection (g) as subsection (f). 

18 (4) EFFECTIVE DATES.— 

19 (A) DISTRIBUTIONS FROM SAVINGS AC20 COUNTS.—The amendments made by para21 graphs (1) and (2) shall apply to amounts paid 

22 with respect to taxable years beginning after 

23 December 31, 2019. 

24 (B) REIMBURSEMENTS.—The amendment 

25 made by paragraph (3) shall apply to expenses 


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1 incurred with respect to taxable years beginning 

2 after December 31, 2019. 

3 (b) REPEAL OF LIMITATIONS ON CONTRIBUTIONS TO

4 FLEXIBLE SPENDING ACCOUNTS.— 

5 (1) IN GENERAL.—Section 125 of the Internal 

6 Revenue Code of 1986 is amended by striking sub7 section (i). 

8 (2) EFFECTIVE DATE.—The amendment made 

9 by this subsection shall apply to taxable years begin10 ning after December 31, 2019. 

Æ 


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