[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5138 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5138

   To allow women greater access to safe and effective contraception.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2016

 Mrs. Love (for herself, Mrs. Comstock, Mrs. Lummis, Ms. McSally, Mr. 
  Coffman, Mr. Stewart, and Mr. Kinzinger of Illinois) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
 and in addition to the Committee on Energy and Commerce, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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 ``Over-The-Counter Contraceptives Act 
of 2016''.

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)).

SEC. 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.
                                 <all>