H.R. 10161

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10161 Introduced in House (IH)]
<DOC>
119th CONGRESS
  2d Session
                               H. R. 10161
 To amend the Public Health Service Act to require States to prohibit
the sale of certain products containing nitrous oxide as a condition on
 receipt of block grants for community mental health services, and for
                            other purposes.
_______________________________________________________________________
                    IN THE HOUSE OF REPRESENTATIVES
                            August 27, 2026
  Mr. Kean (for himself and Mr. Gottheimer) introduced the following
    bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
                                 A BILL
 To amend the Public Health Service Act to require States to prohibit
the sale of certain products containing nitrous oxide as a condition on
 receipt of block grants for community mental health services, and for
                            other purposes.
    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 ``Mitigating Abuse of Nitrous-oxide
Nationwide And Reducing Inhalation-related Neurological Outcomes Act''
or the ``MANNARINO Act''.
SEC. 2. PROHIBITION ON SALE OF CERTAIN PRODUCTS CONTAINING NITROUS
              OXIDE.
    (a) In General.--Subpart II of part B of title XIX of the Public
Health Service Act (42 U.S.C. 300x-21 et seq.) is amended by adding at
the end the following:
``SEC. 1936. PROHIBITION ON SALE OF CERTAIN PRODUCTS CONTAINING NITROUS
              OXIDE.
    ``(a) In General.--A funding agreement for a grant under section
1921 is that the State involved will have in effect, and implement, a
prohibition on the sale of--
            ``(1) any product containing nitrous oxide that is scented
        or flavored; and
            ``(2) any other product containing nitrous oxide unless
        exempted pursuant to subsection (b).
    ``(b) Exemptions.--A State may exempt from the prohibition in
subsection (a)(2) a product containing nitrous oxide that is not
scented or flavored if such product is sold for use--
            ``(1) in medical, veterinary, or dental care;
            ``(2) as a propellant for a food product in a commercial
        kitchen;
            ``(3) in a manufacturing process or industrial operation;
        or
            ``(4) for an automotive purpose.
    ``(c) Noncompliance.--Before making a grant under section 1921 to a
State, the Secretary shall determine whether the State is in compliance
with subsection (a). If the Secretary determines that the State is not
in compliance with such subsection, the Secretary shall reduce the
amount of the allotment under section 1921 for the State for the fiscal
year involved by an amount up to 10 percent of the amount determined
under section 1933 for the State for the applicable fiscal year.''.
    (b) Applicability Date.--Section 1936 of the Public Health Service
Act, as added by subsection (a), applies beginning with the third
fiscal year beginning after the date of enactment of this Act.
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