Nitrous Oxide Safety Act of 2026

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Bill ID: 119/hr/7945
Last Updated: September 15, 2026

Sponsored by

Rep. Mullin, Kevin [D-CA-15]

ID: M001225

Follow the money

The bill

Nitrous Oxide Safety Act of 2026

HR. 7945, 119th Congress — read as touching Big-Box Retail.

The sponsor

Rep. Mullin, Kevin [D-CA-15]

Every bill has someone who introduced it. That name is where the paper trail starts.

The money

$83,200 raised

30 itemised contributions to this sponsor, pulled from FEC filings.

The alignment

55% match to Project 2025

This bill's text tracks the "Department of Health and Human Services" section, p. 533-535 of the Mandate for Leadership.

Bill's Journey to Becoming a Law

Track this bill's progress through the legislative process

Latest Action

Forwarded by Subcommittee to Full Committee by Voice Vote.

August 31, 2026

Introduced

Committee Review

📍 Current Status

Next: The bill moves to the floor for full chamber debate and voting.

🗳️

Floor Action

✅

Passed House

🏛️

Senate Review

🎉

Passed Congress

🖊️

Presidential Action

⚖️

Became Law

📚 How does a bill become a law?

1. Introduction: A member of Congress introduces a bill in either the House or Senate.

2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.

3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.

4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.

5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.

6. Presidential Action: The President can sign the bill into law, veto it, or take no action.

7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!

Bill Summary

**HR 7945: Nitrous Oxide Safety Act of 2026 – A Legislative Band-Aid on a Gangrenous Wound**

**1. Main Purpose & Objectives** The stated goal of HR 7945 is to ban the sale of consumer nitrous oxide products—colloquially known as “whippits”—under the guise of protecting public safety. Sponsored by Rep. Mullin (R-OK), the bill frames recreational misuse of nitrous oxide as an urgent crisis requiring federal intervention. But let’s be honest: this isn’t about saving lives. It’s about politicians looking like they’re doing something while ignoring the root causes of substance misuse—poverty, mental health neglect, and the fact that kids will huff anything if they’re bored and no one’s paying attention. The real objective? To appear tough on “drugs” without allocating a single dollar to treatment, education, or harm reduction. Classic political theater: ban the symptom, ignore the disease.

**2. Key Provisions & Changes to Existing Law** The bill amends the Consumer Product Safety Act by classifying consumer nitrous oxide products as “banned hazardous products” 180 days after enactment. It prohibits the sale of nitrous oxide for recreational use but carves out generous exemptions for medical/dental use, food production (including whipped cream dispensers), commercial kitchens, and research. Notably, it does *not* ban nitrous oxide itself—just its sale as a standalone consumer product. So, you can still buy a whipped cream canister and huff the propellant, but you can’t buy a box of “whippits” marketed explicitly for getting high. The loophole is so wide you could drive a food truck through it. Enforcement? Left to the CPSC, which already struggles to regulate actual dangerous products like exploding phones and toxic toys. This is less a safety measure and more a bureaucratic shrug.

**3. Affected Parties & Stakeholders** - **Consumers (especially teens and young adults):** The primary target, though the ban is easily circumvented. Kids will still find ways to misuse N₂O—just like they did before the last moral panic over inhalants. - **Retailers & Manufacturers:** Small sellers of novelty nitrous oxide products (e.g., party supply stores, online vendors) will face compliance costs or go underground. Big players in food service (whipped cream manufacturers) are safely exempt—convenient, since they lobby harder. - **Medical & Dental Professionals:** Unaffected, thanks to broad exemptions. Your dentist can still knock you out with laughing gas; your kid can’t buy it at the gas station. - **Law Enforcement & CPSC:** Tasked with enforcing a ban on a product that’s chemically identical to exempt versions. Good luck proving intent without mind-reading. - **Taxpayers:** Footing the bill for yet another unfunded mandate that will do little to reduce harm but plenty to pad congressional press releases.

**4. Potential Impact & Implications** This bill will have roughly the same effect as putting a “Do Not Eat” label on laundry pods: symbolic, easily ignored, and unlikely to deter determined users. Nitrous oxide misuse is a public health concern—chronic use can cause B12 deficiency, neuropathy, and even death—but banning consumer sales won’t stop it. It will merely push the market into unregulated spaces, increase risks from impure products, and criminalize behavior better addressed through education and access to care. The real impact? Legislators get to tweet about “protecting our youth” while accepting campaign contributions from alcohol, tobacco, and pharmaceutical industries—substances that cause vastly more harm but remain untouched. This isn’t safety legislation. It’s a placebo for a society addicted to the illusion of action.

In short: HR 7945 is a legislative laxative for a constipated conscience—lots of noise, zero real relief.

Related Topics

Water & Air Quality Regulations
Generated using Llama 3.1 70B (Dr. Haus personality)

💰 Campaign Finance Network

Rep. Mullin, Kevin [D-CA-15]

Congress 119 • 2024 Election Cycle

Total Contributions
$83,200
21 donors
PACs
$0
Organizations
$30,400
Committees
$0
Individuals
$52,800

No PAC contributions found

1
SANTA ROSA RANCHERIA
2 transactions
$9,900
2
SHINGLE SPRINGS BAND MIWOK INDIANS
2 transactions
$4,600
3
AGUA CALIENTE BAND OF CAHUILLA INDIANS
1 transaction
$3,300
4
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
2 transactions
$3,300
5
SAN MANUEL BAND OF MISSION INDIANS
1 transaction
$2,300
6
BARONA BAND OF MISSION INDIANS
1 transaction
$2,000
7
SYCUAN BAND OF THE KUMEYAAY NATION
1 transaction
$1,000
8
SANTA YNEZ BAND OF MISSION INDIANS
1 transaction
$1,000
9
MORONGO BAND OF MISSION INDIANS
1 transaction
$1,000
10
POARCH BAND OF CREEK INDIANS
1 transaction
$1,000
11
CHEROKEE NATION
1 transaction
$1,000

No committee contributions found

1
SAMMUT, CODY
4 transactions
$13,200
2
SAMMUT, KAREN ANNE
3 transactions
$9,900
3
MANDELL, PETER
2 transactions
$6,600
4
NEWELL, WILLIAM
1 transaction
$3,300
5
COTCHETT, JOSEPH
1 transaction
$3,300
6
NISHIMURA, NANCI
1 transaction
$3,300
7
MANDELL, JEANNE Q
1 transaction
$3,300
8
SAMMUT, KAREN
1 transaction
$3,300
9
CHADHA, SUMIR
1 transaction
$3,300
10
EBBEL, MATTHEW
1 transaction
$3,300

Cosponsors & Their Campaign Finance

This bill has 10 cosponsors. Below are their top campaign contributors.

Rep. Bice, Stephanie I. [R-OK-5]

ID: B000740

Top Contributors

32

1
EASTERN BAND OF CHEROKEE INDIANS
COMCHEROKEE, NC
$3,300
Dec 27, 2023
2
CHEROKEE NATION
COMTAHLEQUAH, OK
$3,300
Sep 30, 2024
3
PECHANGA BAND OF INDIANS
COMTEMECULA, CA
$3,300
Jun 10, 2024
4
MS BAND OF CHOCTAW INDIANS
COMCHOCTAW, MS
$1,000
Dec 19, 2023
5
MORONGO BAND OF MISSION INDIANS NATIVE AMERICAN RIGHTS FUND
PACBANNING, CA
$1,000
Mar 31, 2024
6
MUSCOGEE CREEK NATION
COMOKMULGEE, OK
$1,000
Aug 7, 2024
7
BARONA BAND OF MISSION INDIANS
COMLAKESIDE, CA
$1,000
Jun 30, 2023
8
MUSCOGEE CREEK NATION
COMOKMULGEE, OK
$500
Dec 5, 2023
9
CHOCTAW NATION OF OKLAHOMA
OrganizationDURANT, OK
$3,300
Dec 24, 2023
10
THE CHICKASAW NATION
OrganizationADA, OK
$3,300
May 22, 2024

Rep. Kustoff, David [R-TN-8]

ID: K000392

Top Contributors

24

1
TENNESSEE SAFARI PARK
OrganizationALAMO, TN
$3,000
Aug 28, 2023
2
GERMAN FARMS
OrganizationSOMERVILLE, TN
$350
Aug 12, 2023
3
GROWING ACRES
OrganizationSAVANNAH, TN
$300
Aug 12, 2023
4
WALLY CHILDRESS FARMS
OrganizationBOGOTA, TN
$250
Aug 12, 2023
5
LONG, CHRISTOPHER MR.
SELF • ENTREPRENEUR
IndividualMEMPHIS, TN
$6,600
Nov 7, 2023
6
SMITH, STEFAN M. MR.
LEXUS OF MEMPHIS • AUTO DEALER
IndividualGERMANTOWN, TN
$6,600
Nov 7, 2023
7
AYERS, JANET MRS.
THE AYERS FOUNDATION • PRESIDENT
IndividualNASHVILLE, TN
$6,600
Jul 22, 2024
8
AYERS, JAMES W. MR.
FIRST BANK • CHAIRMAN
IndividualNASHVILLE, TN
$6,600
Jul 24, 2024
9
WEISS, CATHY MRS.
HOMEMAKER • HOMEMAKER
IndividualMEMPHIS, TN
$6,600
Mar 25, 2024
10
HASLAM, WILLIAM MR.
KNOXVILLE MUSEUM OF ART • MANAGER
IndividualKNOXVILLE, TN
$6,000
Oct 12, 2023

Rep. Kean, Thomas H. [R-NJ-7]

ID: K000398

Top Contributors

22

1
EASTERN BAND OF CHEROKEE INDIANS
OrganizationCHEROKEE, NC
$3,300
Oct 24, 2024
2
EASTERN BAND OF CHEROKEE INDIANS
OrganizationCHEROKEE, NC
$3,300
Dec 27, 2024
3
LOEB, JOHN
RETIRED • RETIRED
IndividualPURCHASE, NY
$6,600
Nov 4, 2024
4
LOEB, JOHN
IndividualPURCHASE, NY
$6,600
Nov 4, 2024
5
VOCCOLA, FREDERICK
KASEYA • CEO
IndividualMIAMI, FL
$6,600
Mar 1, 2024
6
PISANO, JOHN
IndividualWEST PALM BEACH, FL
$3,700
Jan 22, 2024
7
VOCCOLA, FREDERICK
IndividualMIAMI, FL
$3,500
Mar 12, 2024
8
NIEMIEC, DAVID
SELF • INVESTMENTS
IndividualNEW YORK, NY
$3,300
Oct 11, 2024
9
TAYLOR, ALEXANDER
MATRIX DEV GRP • REAL ESTATE
IndividualBELMAR, NJ
$3,300
Oct 1, 2024
10
BRUECKNER, RICHARD F.
RETIRED • RETIRED
IndividualBEDMINSTER, NJ
$3,300
Oct 4, 2024

Rep. Timmons, William R. [R-SC-4]

ID: T000480

Top Contributors

22

1
OTOE MISSOURIA TRIBE
OrganizationRED ROCK, OK
$3,300
Sep 17, 2024
2
CATAWBA INDIAN NATION
OrganizationROCK HILL, SC
$2,000
May 7, 2024
3
CHEVES, WALLACE
SELF • DEVELOPER
IndividualLAS VEGAS, NV
$3,300
Sep 7, 2023
4
BURGAMY, LARRY G. JR.
LINCOLN ENERGY • BUSINESS OWNER
IndividualGREENVILLE, SC
$3,300
Oct 31, 2023
5
HODGES, MICHAEL LYNN
ADVANCE FINANCIAL • PRESIDENT
IndividualNASHVILLE, TN
$3,300
Feb 13, 2024
6
CARROLL, WILLIAM
IPS PACKING • BUSINESSMAN
IndividualGREER, SC
$3,300
Mar 31, 2024
7
FLOYD, KAREN K
SELF • CEO/PUBLISHER
IndividualSPARTANBURG, SC
$3,300
Mar 31, 2024
8
ADAMS, C. DAN
CAPITAL CORP • INVESTMENT BANKER
IndividualGREENVILLE, SC
$3,300
Feb 13, 2024
9
RODRIGUEZ, RAUL
CREI HOLDINGS • CEO
IndividualMIAMI, FL
$3,300
Mar 26, 2024
10
MILLEGAN, BRANTLY
SELF EMPLOYED • TECHNOLOGY
IndividualSIMPSONVILLE, SC
$3,300
Mar 13, 2024

Rep. Ross, Deborah K. [D-NC-2]

ID: R000305

Top Contributors

21

1
CHEROKEE NATION
OrganizationTAHLEQUAH, OK
$1,000
Dec 8, 2023
2
COOPER, JOHN D JR.
NOT EMPLOYED • CONTRACTOR/ENGINEER
IndividualRALEIGH, NC
$6,600
May 8, 2023
3
MARTIN, LOUISE PORTER
NOT EMPLOYED • NOT EMPLOYED
IndividualRALEIGH, NC
$4,600
Dec 29, 2023
4
WILKES, NANCY
UNC HOSPITALS • PHYSICIAN
IndividualCHAPEL HILL, NC
$3,300
Oct 31, 2024
5
ALLEN, DIANA
NOT EMPLOYED • NOT EMPLOYED
IndividualCARY, NC
$3,300
Dec 30, 2023
6
ALSOP, JOSEPH
ALSOP LOUIE PARTNERS • VENTURE PARTNER
IndividualBEVERLY, MA
$3,300
Dec 29, 2023
7
ALSUP, WILLIAM B III
NOT EMPLOYED • NOT EMPLOYED
IndividualWASHINGTON, DC
$3,300
Oct 17, 2023
8
BEEUWKES, REINIER
ISCHEMIX • CEO
IndividualCONCORD, MA
$3,300
Dec 31, 2023
9
DEBNAM, CAREY
SELF EMPLOYED • PROPERTY MANAGEMENT
IndividualRALEIGH, NC
$3,300
Dec 21, 2023
10
DEBNAM, SESHA F
DEBNAM PROPERTY MANAGEMENT LLC • PROPERTY MANAGER
IndividualRALEIGH, NC
$3,300
Dec 21, 2023

Rep. McGarvey, Morgan [D-KY-3]

ID: M001220

Top Contributors

22

1
EASTERN BAND OF CHEROKEE INDIANS
OrganizationCHEROKEE, NC
$3,300
Oct 26, 2024
2
LA CASITA CENTER
OrganizationLOUISVILLE, KY
$154
Oct 16, 2023
3
CALOBRACE, BRADLEY
SELF • PHYSICIAN
IndividualLOUISVILLE, KY
$6,600
Oct 18, 2024
4
BROWN, CAMPBELL
BROWN-FORMAN • PRESIDENT OLD FORESTER
IndividualLOUISVILLE, KY
$3,300
Oct 30, 2024
5
MEHROTRA, LOPA
NOT EMPLOYED • NOT EMPLOYED
IndividualGLENVIEW, KY
$3,300
Nov 5, 2024
6
MEHROTRA, RISHABH
AVIONTE • CEO
IndividualGLENVIEW, KY
$3,300
Nov 5, 2024
7
HELM, NELSON
RETIRED • RETIRED
IndividualLOUISVILLE, KY
$3,300
Dec 29, 2023
8
ROTH, EVAN
BBR PARTNERS • CO-CEO
IndividualNEW YORK, NY
$3,300
Oct 18, 2023
9
CHRISTENSEN, JOSH
NORTON HEALTHCARE • PHYSICIAN
IndividualLOUISVILLE, KY
$3,300
Dec 3, 2023
10
SISCOVICK, TALIA
NOT EMPLOYED • NOT EMPLOYED
IndividualSTAMFORD, CT
$3,300
Oct 31, 2023

Rep. Houlahan, Chrissy [D-PA-6]

ID: H001085

Top Contributors

20

1
HASHEMI, MARY
NOT EMPLOYED • NOT EMPLOYED
IndividualBERWYN, PA
$3,300
Oct 17, 2024
2
KAFKER, ROGER
TA ASSOCIATES • PRIVATE EQUITY
IndividualWELLESLEY, MA
$3,300
Oct 22, 2024
3
MORGAN, HOWARD
MFCIF LLC • VENTURE CAPITAL
IndividualNEW YORK, NY
$3,300
Sep 29, 2023
4
KENNEY, PETER
SELF-EMPLOYED • WRITER
IndividualPHILADELPHIA, PA
$3,300
Sep 26, 2023
5
MANDEL, SUE
NOT EMPLOYED • NOT EMPLOYED
IndividualGREENWICH, CT
$3,300
Jul 23, 2023
6
KJELLERUP, PETER
NOT EMPLOYED • NOT EMPLOYED
IndividualWEST GROVE, PA
$3,300
Sep 23, 2023
7
KEARNS, ANDREW
MORGAN STANLEY • INVESTMENT BANKER
IndividualHILLSBOROUGH, CA
$3,300
Sep 29, 2023
8
METZ, MITCHELL
RTD FINANCIAL ADVISORS • FINANCIAL ADVISOR
IndividualPENN VALLEY, PA
$3,300
Jul 16, 2023
9
KEARNS, ANDREW
MORGAN STANLEY • INVESTMENT BANKER
IndividualHILLSBOROUGH, CA
$3,300
Sep 29, 2023
10
MANDEL, STEVE
LONE PINE CAPITAL • FOUNDER
IndividualGREENWICH, CT
$3,300
Jul 20, 2023

Rep. Fitzpatrick, Brian K. [R-PA-1]

ID: F000466

Top Contributors

22

1
SANTA YNEZ BAND OF MISSION INDIANS
OrganizationSANTA YNEZ, CA
$1,500
Dec 31, 2024
2
STATA FAMILY OFFICE
Organization
$500
Apr 26, 2024
3
ASHER, ROBERT B.
IndividualGWYNEDD VALLEY, PA
$10,000
Oct 9, 2024
4
ASHER, ROBERT B.
ASHER CHOCOLATES • CHAIRMAN
IndividualGWYNEDD VALLEY, PA
$10,000
Sep 30, 2024
5
LEVY, EDWARD JR
EDW C LEVY CO • CHAIRMAN
IndividualBIRMINGHAM, MI
$6,600
Feb 26, 2024
6
CROTTY, THOMAS
RETIRED • RETIRED
IndividualSCOTTSDALE, AZ
$6,600
Feb 27, 2024
7
EVANS, ROGER
GREYLOCK PARTNERS • PARTNER EMERITUS
IndividualSAN FRANCISCO, CA
$6,600
Feb 27, 2024
8
LEACH, RONALD
NPX ONE • CHAIRMAN & CEO
IndividualGENEVA, IL
$6,600
Feb 28, 2024
9
MCCLAIN, MARK
SAILPOINT • CEO
IndividualAUSTIN, TX
$6,600
Mar 2, 2024
10
CROTTY, THOMAS
IndividualSCOTTSDALE, AZ
$6,600
Mar 8, 2024

Rep. Dean, Madeleine [D-PA-4]

ID: D000631

Top Contributors

20

1
LEVIN, CARYL
NOT EMPLOYED • NOT EMPLOYED
IndividualELKINS PARK, PA
$5,000
Nov 3, 2024
2
LINDY, ALAN
LINDY PROPERTY MANAGEMENT • PROPERTY MANAGEMENT
IndividualAMBLER, PA
$3,500
Oct 28, 2024
3
BECKER, DEBBIE M
NOT EMPLOYED • RETIRED
IndividualWYNNEWOOD, PA
$3,300
Nov 4, 2024
4
BECKER, WILLIAM P.
BECKER & FRONDORF • RETIRED
IndividualWYNNEWOOD, PA
$3,300
Nov 4, 2024
5
KRAUSZ, STEVEN
US VENTURE PARTNERS • VENTURE CAPITAL
IndividualPORTOLA VALLEY, CA
$3,300
Oct 23, 2024
6
ERICKSEN, EUGENE P
SELF • STATISTICIAN
IndividualPHILADELPHIA, PA
$3,300
Jul 1, 2023
7
FINK, WILLIAM
SELF • CPA
IndividualDOWNINGTOWN, PA
$3,300
Aug 4, 2023
8
LINDY, FRANK
LINDY COMMUNITIES • REAL ESTATE
IndividualELKINS PARK, PA
$3,300
Jul 25, 2023
9
MILLER, LESLIE ANNE ESQ.
SELF EMPLOYED • ATTORNEY
IndividualBRYN MAWR, PA
$3,300
Aug 24, 2023
10
SCATTONE, FRANCESCO
RENAISSANCE TECHNOLOGIES • FINANCE
IndividualWYNDMOOR, PA
$3,300
Jul 27, 2023

Rep. Wagner, Ann [R-MO-2]

ID: W000812

Top Contributors

24

1
OTOE MISSOURIA TRIBE
OrganizationRED ROCK, OK
$3,300
Aug 23, 2023
2
DEMOCRACY ENGINE, INC., PAC
OrganizationWASHINGTON, DC
$2,000
Jul 14, 2023
3
DEMOCRACY ENGINE, INC., PAC
OrganizationWASHINGTON, DC
$500
Mar 15, 2023
4
WINRED
OrganizationARLINGTON, VA
$9
May 9, 2024
5
WILHELM, MARK A MR.
SAFETY NATIONAL CASUALTY CORP. • CHAIRMAN & CEO
IndividualSAINT LOUIS, MO
$13,200
Dec 18, 2023
6
DRURY, TIM M.
DRURY DEVELOPMENT • PRESIDENT
IndividualSAINT LOUIS, MO
$13,200
Feb 27, 2023
7
DANFORTH, JOHN C
DOWD BENNETT LLP • ATTORNEY
IndividualSAINT LOUIS, MO
$13,200
Feb 17, 2023
8
TRACY, RICHARD L. MR.
DOT FOODS, INC. • PRESIDENT
IndividualDES PERES, MO
$13,200
Feb 17, 2023
9
RINEY, RODGER O. MR.
T.D. AMERITRADE • ADVISOR TO CEO
IndividualSAINT LOUIS, MO
$13,200
Mar 23, 2023
10
O'CONNELL, JOHN T.
RETIRED • RETIRED
IndividualSAINT LOUIS, MO
$13,200
Mar 15, 2023

Donor Network - Rep. Mullin, Kevin [D-CA-15]

PACs
Organizations
Individuals
Politicians

Hub layout: Politicians in center, donors arranged by type in rings around them.

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Showing 59 nodes and 80 connections

Total contributions: $80

Top Donors - Rep. Mullin, Kevin [D-CA-15]

Showing top 21 donors by contribution amount

11 Orgs10 Individuals

Industry Impact

Which industries are materially affected by specific provisions in this bill. 2 harmed.

  • −Big-Box Retailconfidence 0.80

    Section 2(a) bans the sale of nitrous oxide consumer products, which could impact retailers that sell these products, such as big-box stores.

  • Section 2(a) bans the sale of nitrous oxide consumer products, which could impact manufacturers of these products, such as chemical and plastics companies.

Project 2025 Policy Matches

This bill shows semantic similarity to the following sections of the Project 2025 policy document.AI-enhanced analysis provides detailed alignment ratings.

Department of Health and Human Services

Weak
Vector: 57%
Pages: 533-535AI Enhanced

AI Analysis:

"The bill addresses recreational nitrous oxide misuse as a public health concern, which loosely aligns with Project 2025's broader focus on health policy and safety net reforms under HHS. However, there is no direct connection to Medicaid, managed care, or specific HHS initiatives outlined in the provided policy excerpts."

Key themes:public healthsubstance misuseconsumer safety

— 500 — Mandate for Leadership: The Conservative Promise 32. Owcharenko Schaefer, “Medicaid at 55: Understanding the Design, Trends, and Reforms Needed to Improve the Health Care Safety Net.” 33. Brian Blase, “Managed Care in Medicaid: Need for Oversight, Accountability, and Reform,” Paragon Health Institute Policy Brief, October 13, 2022, https://paragoninstitute.org/wp-content/uploads/2022/10/20221012- Managed-Care-in-Medicaid-Need-for-Oversight-Accountability-and-Reform-FOR-DISTRIBUTION-V2.pdf (accessed February 13, 2023). 34. Owcharenko Schaefer, “Medicaid at 55: Understanding the Design, Trends, and Reforms Needed to Improve the Health Care Safety Net.” 35. 42 U.S. Code § 1315, https://www.law.cornell.edu/uscode/text/42/1315 (accessed March 17, 2023). 36. Chad D. Savage and Lee S. Gross, “Direct Primary Care: Update and Road Map for Patient-Centered Reforms,” Heritage Foundation Backgrounder No. 3635, June 28, 2021, https://www.heritage.org/sites/default/ files/2021-06/BG3635.pdf. 37. H.R. 133, Consolidated Appropriations Act, 2021, Public Law No. 116-260, 116th Congress, December 27, 2020, Division BB, Title I, https://www.congress.gov/116/plaws/publ260/PLAW-116publ260.pdf (accessed March 17, 2023). 38. Doug Badger, “On Surprise Medical Bills, Congress Should Side with Consumers, Not Special Interests,” Heritage Foundation Commentary, January 31, 2020, https://www.heritage.org/health-care-reform/ commentary/surprise-medical-bills-congress-should-side-consumers-not-special. 39. Edmund F. Haislmaier and Abigail Slagle, “Premiums, Choices, Deductibles, Care Access, and Government Dependence Under the Affordable Care Act: 2021 State-by-State Review,” Heritage Foundation Backgrounder No. 3668, November 2, 2021, https://www.heritage.org/sites/default/files/2021-11/BG3668.pdf. 40. U.S. Department of the Treasury, Internal Revenue Service; U.S. Department of Labor, Employee Benefits Security Administration; and U.S. Department of Health and Human Services, “Transparency in Coverage,” Final Rule, Federal Register, Vol. 85, No. 219 (November 12, 2020), pp. 72158–72310, https://www.govinfo.gov/ content/pkg/FR-2020-11-12/pdf/2020-24591.pdf (accessed March 17, 2023). 41. David N. Bernstein and Robert E. Moffit, “New Price Transparency Rule Will Help Transform America’s Health Care System,” Heritage Foundation Commentary, November 1, 2020, https://www.heritage.org/health-care- reform/commentary/new-price-transparency-rule-will-help-transform-americas-health-care. 42. Sluzala and Haislmaier, “Lessons from COVID-19: How Policymakers Should Reform the Regulation of Clinical Testing.” 43. Ibid. 44. Most recently enacted in H.R. 2471, Consolidated Appropriations Act, 2022, Public Law No. 117-103, 117th Congress, March 15, 2022, Division H, Title V, §§ 506–507, https://www.congress.gov/117/plaws/publ103/ PLAW-117publ103.pdf (accessed March 17, 2023). 45. President Joseph R. Biden Jr., Executive Order 14079, “Securing Access to Reproductive and Other Healthcare Services,” August 3, 2022, in Federal Register, Vol. 87, No. 154 (August 11, 2022), pp. 49505–49507, https:// www.govinfo.gov/content/pkg/FR-2022-08-11/pdf/2022-17420.pdf (accessed March 16, 2023). 46. Planned Parenthood, 2020–2021 Annual Report, p. 27, https://www.plannedparenthood.org/uploads/ filer_public/40/8f/408fc2ad-c8c2-48da-ad87-be5cc257d370/211214-ppfa-annualreport-20-21-c3-digital.pdf (accessed March 22, 2023). 47. Ibid., pp. 30 and 31. Total revenue of $1,714.4 million (p. 30) minus $1,580.7 million in total expenses (p. 31) yields $133,7 million. 48. Ibid., p. 28. 49. Ibid., p. 30. 50. H.R. 372, Protecting Life and Taxpayers Act of 2023, 118th Congress, introduced January 17, 2023, https://www. congress.gov/118/bills/hr372/BILLS-118hr372ih.pdf (accessed March 17, 2023). 51. 42 U.S. Code § 18023, https://www.law.cornell.edu/uscode/text/42/18023 (accessed March 17, 2023). 52. H.R. 3128, Consolidated Omnibus Budget Reconciliation Act of 1985, Public Law No. 99-272, 99th Congress, April 7, 1986, Title IX, Subtitle A, Part 1, Subpart B, § 9121, https://www.congress.gov/99/statute/STATUTE-100/ STATUTE-100-Pg82.pdf (accessed March 17, 2023). 53. H.R. 8070, Rehabilitation Act of 1973, Public Law No. 93-112, 93rd Congress, September 26, 1973, https://www. congress.gov/93/statute/STATUTE-87/STATUTE-87-Pg355.pdf (accessed March 17, 2023). — 501 — Department of Health and Human Services 54. U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, Office of Civil Rights, and Office of the Secretary, “Special Responsibilities of Medicare Hospitals in Emergency Cases and Discrimination on the Basis of Disability in Critical Health and Human Service Programs or Activities,” draft of Proposed Rule, January 14, 2021, https://www.hhs.gov/sites/default/files/infants-nprm.pdf (accessed March 17, 2023). 55. H.R. 26, Born-Alive Abortion Survivors Protection Act, 118th Congress, introduced January 9, 2023, https:// www.congress.gov/118/bills/hr26/BILLS-118hr26pcs.pdf (accessed March 17, 2023). 56. H.R. 7, No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2023, 118th Congress, introduced January 9, 2023, https://www.congress.gov/118/bills/hr7/BILLS-118hr7ih.pdf (accessed March 17, 2023). 57. S. 401, Conscience Protection Act of 2021, 117th Congress, introduced February 24, 2021, https://www.congress. gov/117/bills/s401/BILLS-117s401is.pdf (accessed March 17, 2023). 58. U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, and Office of the Secretary, “Nondiscrimination in Health Programs and Activities,” Notice of Proposed Rulemaking; Notice of Tribal Consultation, Federal Register, Vol. 87, No. 149 (August 4, 2022), pp. 47824–47920, https://www.govinfo. gov/content/pkg/FR-2022-08-04/pdf/2022-16217.pdf (accessed March 17, 2023). 59. Ibid., p. 47916. 60. The regulation was not finalized before the end of the Administration. U.S. Department of Agriculture, Food and Nutrition Services, “Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP),” Proposed Rule, Federal Register, Vol. 84, No. 142 (July 24, 2019), pp. 35570–55581, https:// www.federalregister.gov/documents/2019/07/24/2019-15670/revision-of-categorical-eligibility-in-the- supplemental-nutrition-assistance-program-snap (accessed March 17, 2023). 61. 45 Code of Federal Regulations § 75.300(c) and (d), https://www.ecfr.gov/current/title-45/subtitle-A/ subchapter-A/part-75/subpart-D/subject-group-ECFR911e5e1a30bfbcb/section-75.300 (accessed March 17, 2023). 62. H.R. 1750, Child Welfare Provider Inclusion Act of 2021, 117th Congress, introduced March 10, 2021, https:// www.congress.gov/117/bills/hr1750/BILLS-117hr1750ih.pdf (accessed March 17, 2023), and S. 656, Child Welfare Provider Inclusion Act of 2021, 117th Congress, introduced March 10, 2021, https://www.congress.gov/117/bills/ s656/BILLS-117s656is.pdf (accessed March 17, 2023). 63. S. 3949, Trafficking Victims Protection Reauthorization Act of 2022, Public Law No. 117-348, 117th Congress, January 25, 2023, https://www.congress.gov/117/plaws/publ348/PLAW-117publ348.pdf (accessed March 17, 2023). 64. Kelsey Y. Santamaria, “Child Migrants at the Border: The Flores Settlement Agreement and Other Legal Developments,” Congressional Research Service In Focus No. IF11799, April 1, 2021, https://crsreports.congress. gov/product/pdf/IF/IF11799 (accessed March 17, 2023). 65. Report, Building a Happy Home: Marriage Education as a Tool to Strengthen Families, Social Capital Project Report No. 1-22, March 2022, p. 17, https://www.jec.senate.gov/public/_cache/files/3d102525-6f0d-48ed- 92f4-d71edd468ad6/building-a-happy-home.pdf (accessed March 17, 2023). The cover of the report reflects that the Social Capital Project is “[a] project of the Joint Economic Committee – Republicans.” 66. See, for example, Alan J. Hawkins, “Are Federally Supported Relationship Education Programs for Lower-Income Individuals and Couples Working? A Review of Evaluation Research,” American Enterprise Institute, September 2019, https://www. congress.gov/117/plaws/publ228/PLAW-117publ228.pdf (accessed March 17, 2023). 67. H.R. 8404, Respect for Marriage Act, Public Law No. 117-228, 117th Congress, December 13, 2022, https://www. congress.gov/117/plaws/publ228/PLAW-117publ228.pdf (accessed March 17, 2023). 68. Madison Marino, “Over 1,000 Safety Violations Mar Head Start. Children Deserve Better,” Heritage Foundation Commentary, November 10, 2022, https://www.heritage.org/education/commentary/over-1000-safety- violations-mar-head-start-children-deserve-better. 69. American Hospital Association v. Becerra, 596 U.S. ___ (2022), https://www.supremecourt.gov/ opinions/21pdf/20-1114_09m1.pdf (accessed March 17, 2023). 70. U.S. Department of the Treasury, Internal Revenue Service; U.S. Department of Labor, Employee Benefits Security Administration; and U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, “Coverage of Certain Preventive Services Under the Affordable Care Act,” Notice of Proposed Rulemaking, Federal Register, Vol. 88, No. 22 (February 2, 2023), pp. 7236–7281, https://www. govinfo.gov/content/pkg/FR-2023-02-02/pdf/2023-01981.pdf (accessed March 17, 2023).

Department of Health and Human Services

Minimal
Vector: 60%
Pages: 491-493AI Enhanced

AI Analysis:

"The bill focuses on regulating nitrous oxide for recreational safety under consumer protection law, while the Project 2025 policy addresses abortion pill restrictions, vaccine importation ethics, and FDA/NIH reforms related to fetal tissue and religious freedom. There is no thematic or policy overlap between the two."

— 459 — Department of Health and Human Services pro-life states that are trying to protect women, girls, and unborn children from abortion. The FDA should therefore: l Reinstate earlier safety protocols for Mifeprex that were mostly eliminated in 2016 and apply these protocols to any generic version of mifepristone. A bare-minimum policy of limiting abortion pills to the pre-2016 policy of 49 days gestation, returning to the pre-2021 in-person dispensing requirement, and returning to requiring prescribers to report all serious adverse events, not just deaths, to the drug sponsor would increase women’s health and safety. l Address weaknesses in the current FAERS (FDA Adverse Events Reporting System). The Administration and policymakers should ensure that health care workers, particularly those in hospitals and emergency rooms, report abortion pill complications. Women who experience complications from abortion pills typically go to an emergency room, not to the abortion pill prescriber, so putting the onus of reporting on the prescriber who typically has no idea that a complication has occurred means that the FAERS is seriously undercounting adverse events. Submitting an adverse event to the database should be a quick and efficient process for busy health care practitioners. Currently, providers report that the process is difficult and convoluted. l Implement a policy of transparency about inspections of the abortion pill’s sponsors, Danco and GenBioPro, as well as facilities that manufacture the pills. The FDA should respond to congressional requests and Freedom of Information Act (FOIA) requests about inspections, compliance, and post-marketing safety in a timely manner. l Stop promoting or approving mail-order abortions in violation of long-standing federal laws that prohibit the mailing and interstate carriage of abortion drugs.16 Vaccine Importation. Thousands of Americans of faith and conscience wish to receive various childhood vaccinations for themselves and their families but are not allowed to receive vaccines that are derived through or tested on aborted fetal cells. For example, the chickenpox, Hepatitis, and MMR vaccines in the U.S. are all linked to abortion in this way. There are ethically derived alternatives abroad that have been used safely there for decades, but the FDA makes it exceedingly difficult for Americans to import them. In January 2021, the HHS Office for Civil Rights (OCR) and the FDA jointly announced that HHS was required by the Religious Freedom Restoration Act — 460 — Mandate for Leadership: The Conservative Promise (RFRA)17 to allow bulk importation by doctors of certain Japanese-made vaccines to accommodate religious needs of patients, but the Biden FDA unlawfully revoked this waiver. The FDA should restore the waiver to comply with RFRA and for the obvious public health benefits of increased childhood vaccination by families seek- ing ethically derived alternatives. To avoid future moral coercion of the sort experienced with the COVID-19 vac- cines, the FDA and NIH should require the development of drugs and biologics that are free from moral taint and switch to cell lines that are not derived from aborted fetal cell lines or aborted baby body parts. Conflicts of Interest. A 2018 report in Science found that more than two-thirds of FDA reviewers later ended up at the same companies whose products they had been reviewing while they were working for the government.18 This revolving door is one mechanism by which pharmaceutical companies capture the agencies that regulate them. The FDA should impose a lengthy cooling off period for reviewers, preventing them from working for companies they regulated. In 1997, the FDA relaxed regulations to permit broadcast drug advertisements, after which Big Pharma began routine direct-to-consumer advertising, making the United States and New Zealand the only countries where such practices are legal. Following the 1997 changes, pharma became the largest advertiser for all major media organizations. This buys considerable influence in the newsroom—whether media companies acknowledge this or not—and distorts independent reporting on public health issues. The FDA or Congress should regulate where and how paid advertising is used by pharmaceutical companies more stringently, especially on media outlets. NATIONAL INSTITUTES OF HEALTH (NIH) The National Institutes of Health (NIH) is the world’s largest biomedical research agency and is made up of 27 different components called Institutes and Centers. Despite its popular image as a benign science agency, NIH was respon- sible for paying for research in aborted baby body parts, human animal chimera experiments, and gain-of-function viral research that may have been responsible for COVID-19. Bioethics Reform. Research using fetal tissue obtained from elective abortions is immoral and obsolete. Research using human embryonic stem cells also involves the destruction of human life and should not be subsidized with taxpayer dollars. Good science and life-affirming, ethical research are not mutually exclusive. In fact, ethically derived sources such as discarded surgical tissue and adult stem cells (made pluripotent), not tissue obtained from elective abortions, have contributed the most successful treatments for a variety of ailments. Congress authorized HHS to choose not to fund extramural abortion-de- rived fetal tissue research that fails ethics advisory board review, and in 2019, the

Department of Health and Human Services

Minimal
Vector: 59%
Pages: 488-490AI Enhanced

AI Analysis:

"The bill focuses on banning recreational nitrous oxide products for public health safety, while the Project 2025 policy excerpt centers on abortion data reporting, gender identity data collection, FDA regulatory reforms, drug shortages, and abortion pills—there is no thematic or policy overlap between the two."

— 456 — Mandate for Leadership: The Conservative Promise abortion providers and whether better prenatal physical, mental, and social care improves infant outcomes and decreases abortion rates, especially among those who are most vulnerable. The Ensuring Accurate and Complete Abortion Data Reporting Act of 20239 would amend title XIX of the Social Security Act and Public Health Service Act to improve the CDC’s abortion reporting mechanisms by requiring states, as a condition of federal Medicaid payments for family planning services, to report streamlined variables in a timely manner. The CDC should immediately end its collection of data on gender identity, which legitimizes the unscientific notion that men can become women (and vice versa) and encourages the phenomenon of ever-multiplying subjective identities. FOOD AND DRUG ADMINISTRATION (FDA) The FDA’s mission includes ensuring the safety and efficacy of drugs, biological products, and medical devices. Federal Laws That Shield Big Pharma from Competition. Because generics generally cost far less than brand-name drugs, consumers begin to save money as soon as a generic product comes on the market. The vast majority are very afford- able with 93 percent of generic products costing $20 or less. Savings would be even higher under proposals that prevent brand-name man- ufacturers from slowing down or impeding the entrance of generic products into the marketplace. Specifically, the FDA should prohibit pharmaceutical companies from purposely sitting on their legally available right to be the first to sell generic versions of their drugs. Additionally, Congress should create legal remedies for generic companies to obtain samples of brand-name products for their generic development efforts and should prohibit meritless “citizen petitions” submitted by manufacturers to delay approval of a generic competitor.10 Approval Process for Laboratory-Developed or Modified Medical Tests. Learning from the failed early COVID-19 testing experience, Congress and the FDA should focus on reforming laws and regulations governing medical tests, especially with respect to laboratory-developed tests. Commercial tests are developed with the intention of being widely marketed, distributed, and used, while laboratory-developed tests are created with the intention of being used solely within one laboratory. A test developed by a lab in accordance with the protocols developed by another lab (non-commercial sharing) currently constitutes a “new” laboratory-developed test because the lab in which it will be used is different from the initial developing lab. To encourage interlab- oratory collaboration and discourage duplicative test creation (and associated regulatory and logistical burdens), the FDA should introduce mechanisms through which laboratory-developed tests can easily be shared with other laboratories with- out the current regulatory burdens.11 — 457 — Department of Health and Human Services The “laboratory-developed tests” category currently encompasses a range of possible tests, many of which would be characterized more appropriately as “lab- oratory-modified tests” because they are not truly novel tests but rather modified versions of existing tests. To avoid stifling innovation and access to medical care, the applicable statutes and regulations should be revised to facilitate greater access to such modified tests.12 Finally, the FDA has long held that it has regulatory authority over such tests, while others have argued that they should be considered clinical services regulated by the Centers for Medicare and Medicaid Services (CMS). The FDA currently has regulatory authority over in vitro diagnostics, and under the Clinical Lab- oratory Improvement Amendments (CLIA),13 the CMS ensures that labs meet analytical validity standards for test methods. Congress, the FDA, and the CMS need to clarify and disentangle overlapping authorities over tests to eliminate regulatory confusion.14 Drug Shortages. The very thin profit margins and the regulatory burdens associated with generic drug manufacturing discourage inventory and capacity investments by manufacturers and contribute to drug shortages. HHS and the FDA should encourage more dependable generic drug manufacturing. The FDA should expand its current pass/fail approach to drug facility inspec- tions into a graded system that recognizes manufacturers that exceed minimum standards by investing in improving production reliability. The FDA should also add facility codes to drug packaging and construct a searchable database that cross-references product codes and facility codes. That would enable wholesalers and pharmacy benefit managers to identify and preference drugs manufactured at more reliable facilities, thus encouraging generic drug manufacturers to compete on reliability as well as on price. For its part, HHS should exempt multi-source generic drugs from requirements to pay rebates to Medicaid and other federally funded health programs, as those provisions penalize new investments in expanding manufacturing capacity when supply is unable to meet demand.15 Additionally, FDA and NIH should promote efficacy trials of new applications for generic drugs, which might include NIH fund- ing such trials or conducting its own. Abortion Pills. Abortion pills pose the single greatest threat to unborn chil- dren in a post-Roe world. The rate of chemical abortion in the U.S. has increased by more than 150 percent in the past decade; more than half of annual abortions in the U.S. are chemical rather than surgical. The abortion pill regimen is typically a two-part process. The first pill, mifepris- tone, causes the death of the unborn child by cutting off the hormone progesterone, which is required to sustain a pregnancy. The second pill, misoprostol, causes con- tractions to induce a delivery of the dead child and uterine contents, usually into a toilet at home. The abortion-pill regimen is currently approved for up to 70 days

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Policy matches are calculated using a hybrid approach: initial candidates are found using semantic similarity between bill summaries and Project 2025 policy text, then an AI model (Llama 3.1 70B) provides detailed alignment ratings and analysis. Ratings range from 1 (minimal alignment) to 5 (very strong alignment). This analysis does not imply direct causation or intent.

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