I
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 consump-
tion.
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. WAIVER OF SANCTIONS FOR STATES THAT
ENACT 
DRIVER’S-LICENSE-RELATED 
SANC-
TIONS FOR MINORS WHO PURCHASE OR POS-
SESS 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 mak-
ing’’ and inserting ‘‘Subject to subsection (e), before
making’’, and
(3) by adding at the end the following new sub-
section:
‘‘(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 sub-
section (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 Sec-
retary that it has in effect (as of the first day of the
fiscal year) a law which provides at least the follow-
ing sanctions in the case of an individual under 18
years of age who purchases (or attempts to pur-
chase) or possesses a tobacco product for the pur-
pose of personal consumption:
‘‘(A) DELAY IN OBTAINING DRIVER’S LI-
CENSE.—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 min-
imum 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 posses-
sion 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 ciga-
rettes).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to fiscal years beginning with
fiscal year 1999.
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