Supplemental applications for over-the-counter 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)) if— (1) the supplemental application is with respect to an oral contraceptive drug intended for routine use; (2) the supplemental application is not with respect to— (A) any emergency contraceptive drug; or (B) any drug that is also approved for induced abortion; and (3) 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)(3). (d) Applicability This section applies with respect to a supplemental application described in subsection (a) that— (1) is submitted before the date of enactment of this Act and remains pending as of such date of enactment; or (2) is submitted after such date of enactment.