Title: Allowing Greater Access to Safe and Effective Contraception Act
Policy area: Health

Summary:
Allowing Greater Access to Safe and Effective Contraception Act
This bill permits health savings accounts, medical savings accounts, and employer reimbursements for medications to be used for over-the-counter drugs. The bill also removes the limit on employee contributions to flexible spending accounts offered under specified health plans established pursuant to a pretax salary reduction agreement with an employer (i.e., cafeteria plans).
Further, the bill requires the Food and Drug Administration to give priority review, at no cost, to applications for modifications to already-approved contraceptive drugs that are intended for routine use and available over the counter. Such drugs, however, must require a prescription for individuals under the age of 18.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 930 Introduced in Senate (IS)]

<DOC>






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 paragraphs (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.
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