Title: Myles Edward Scott Act
Policy area: Health

Summary:
Myles Edward Scott Act
This bill requires the Department of Health and Human Services, in consultation with relevant federal agencies, to study and report on state regulations that govern the manufacture and sale of nitrous oxide (commonly referred to as laughing gas). The report must include recommendations for related federal requirements to protect human health and safety.
Nitrous oxide is a federally regulated substance that is sometimes used as a recreational drug.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3470 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3470

 To require the Secretary of Health and Human Services to study State 
   efforts to regulate certain uses of nitrous oxide, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2021

   Mrs. Torres of California (for herself, Mrs. Napolitano, and Mr. 
   Aguilar) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Health and Human Services to study State 
   efforts to regulate certain uses of nitrous oxide, 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 ``Myles Edward Scott Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Nitrous oxide, also known as laughing gas, is regulated 
        at the Federal level by the Food and Drug Administration as a 
        food-grade propellant and designated medical gas.
            (2) The racing car industry also uses nitrous oxide to 
        increase an engine's power output by injecting it into an 
        internal combustion engine.
            (3) Over 1 million adolescents and young adults in the 
        United States have used nitrous oxide illicitly for 
        recreational purposes.
            (4) Use of nitrous oxide can cause headaches, drowsiness, 
        breathing difficulty, or asphyxia, which can lead to a lapse 
        into unconsciousness or death.
            (5) Myles Edward ``Eddie'' Scott was killed in a single car 
        accident on Interstate 10 in San Bernardino County, California, 
        on June 5, 2014, one week after he earned his high school 
        diploma, after the driver of the vehicle in which he was a 
        passenger passed out after inhaling nitrous oxide.
            (6) The Food and Drug Administration's Office of Criminal 
        Investigations has investigated businesses that purport to sell 
        nitrous oxide for car racing applications but knowingly sell 
        nitrous oxide to customers solely for recreational drug use.
            (7) It is a violation of the law in many States to sell 
        nitrous oxide for recreational purposes.
            (8) Studying the effectiveness of State laws prohibiting 
        the recreational use of nitrous oxide is a necessary first step 
        in examining what role the Federal Government should play to 
        protect the health of the public in regards to recreational use 
        of nitrous oxide.

SEC. 3. REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Health and Human Services, in consultation with the 
Director of the Centers for Disease Control and Prevention, the 
Commissioner of Food and Drugs, the Assistant Secretary for Mental 
Health and Substance Use, the Administrator of the Environmental 
Protection Agency, the Chairman of the Consumer Product Safety 
Commission, and other relevant Federal agencies, shall--
            (1) conduct a study on State regulatory requirements with 
        respect to nitrous oxide that is manufactured and sold for use 
        in consumer applications; and
            (2) submit a report to Congress on the results of the study 
        and containing recommendations for Federal requirements with 
        respect to such manufacture and sale that are needed to protect 
        human health and safety.
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