[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4159 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4159

    To amend section 1926 of the Public Health Service Act to waive 
 sanctions against a State that provides for drivers'-license-related 
   sanctions for minors who purchase or possess tobacco products for 
                         personal consumption.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 1998

Mr. Blunt (for himself, Mr. Sessions, Mr. Hall of Texas, Mrs. Emerson, 
Mr. Shimkus, Mr. McCollum, Mr. Hill, Mr. Regula, Mr. Lewis of Kentucky, 
 Mr. Pitts, Ms. Granger, Mr. Souder, Mr. Snowbarger, Mrs. Myrick, Mr. 
Gutknecht, and Ms. Pryce of Ohio) introduced the following bill; which 
               was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend section 1926 of the Public Health Service Act to waive 
 sanctions against a State that provides for drivers'-license-related 
   sanctions for minors who purchase or possess tobacco products for 
                         personal consumption.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WAIVER OF SANCTIONS FOR STATES THAT ENACT DRIVER'S-LICENSE-
              RELATED SANCTIONS FOR MINORS WHO PURCHASE OR POSSESS 
              TOBACCO PRODUCTS FOR PERSONAL CONSUMPTION.

    (a) In General.--Section 1926 of the Public Health Service Act (42 
U.S.C. 300x-26) is amended--
            (1) in subsection (b), by inserting ``Subject to subsection 
        (e)--'' after ``(b) Enforcement.--'';
            (2) in subsection (c), by striking ``Before making'' and 
        inserting ``Subject to subsection (e), before making'', and
            (3) by adding at the end the following new subsection:
    ``(e) Waiver of Requirements and Sanctions in Case of State 
Enacting Drivers'-license-related Sanctions for Minors who Purchase or 
Possess Tobacco Products for Personal Consumption.--
            ``(1) In general.--The requirements of subsection (b) and 
        any sanctions under subsection (c) shall not apply to a State 
        for a fiscal year if the State demonstrates to the satisfaction 
        of the Secretary that it has in effect (as of the first day of 
        the fiscal year) a law which provides at least the following 
        sanctions in the case of an individual under 18 years of age 
        who purchases (or attempts to purchase) or possesses a tobacco 
        product for the purpose of personal consumption:
                    ``(A) Delay in obtaining driver's license.--In the 
                case of such an individual who does not have a general 
                motor vehicle operator's permit, a delay by at least 2 
                months in the minimum qualifying age to obtain such a 
                permit (or, in the case of an individual who has 
                reached such age, such a delay from the date of 
                determination of the offense).
                    ``(B) Suspension of driver's license privileges.--
                In the case of such an individual who has such a 
                permit, a suspension of driving privileges under such a 
                permit for a period of at least 2 months.
        Notwithstanding the previous sentence, a State may provide for 
        a process for granting on a case-by-case basis exceptions to 
        the imposition of such sanctions in circumstances under which 
        the imposition of the sanctions would impose an undue hardship.
            ``(2) Construction.--Paragraph (1) shall not be construed 
        as applying to the purchase or possession by an individual of a 
        product in the course of carrying on a lawful trade or business 
        (such as the lawful production, distribution, or sale of 
        cigarettes).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to fiscal years beginning with fiscal year 1999.
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