S. 93: Allowing Greater Access to Safe and Effective Contraception Act

The text of the bill below is as of Jan 10, 2017 (Introduced).

Source: GPO

II

115th CONGRESS

1st Session

S. 93

IN THE SENATE OF THE UNITED STATES

January 10, 2017

(for herself, Mr. Gardner, and Mr. Heller) 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.

Short title

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

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)).

3.

Empowering women to make their own health decisions

(a)

No limitations based on whether a drug is prescribed

Section 9003 of the Patient Protection and Affordable Care Act (Public Law 111–148), and the amendments made by such section, are repealed, and the Internal Revenue Code of 1986 shall be applied as if such section, and amendments, had never been enacted.

(b)

No limitations on health FSAs

Sections 9005 and 10902 of the Patient Protection and Affordable Care Act (Public Law 111–148) and section 1403 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), and the amendments made by such sections, are repealed, and the Internal Revenue Code of 1986 shall be applied as if such sections, and amendments, had never been enacted.