[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10161 Introduced in House (IH)]

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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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