HR 1108 RFS 
‘‘(B) EFFECTIVE
DATE.—The Secretary 
may declare a proposed amendment of a to-
bacco product standard to be effective on and 
after its publication in the Federal Register and 
until the effective date of any final action taken 
on such amendment if the Secretary determines 
that making it so effective is in the public inter-
est. 
‘‘(5) REFERRAL TO ADVISORY COMMITTEE.— 
‘‘(A) IN
GENERAL.—The Secretary may 
refer a proposed regulation for the establish-
ment, amendment, or revocation of a tobacco 
product standard to the Tobacco Products Sci-
entific Advisory Committee for a report and 
recommendation with respect to any matter in-
volved in the proposed regulation which requires 
the exercise of scientific judgment. 
‘‘(B) INITIATION OF REFERRAL.—The Sec-
retary may make a referral under this para-
graph— 
‘‘(i) on the Secretary’s own initiative; 
or 
‘‘(ii) upon the request of an interested 
person that— 
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‘‘(I) demonstrates good cause for 
the referral; and 
‘‘(II) is made before the expira-
tion of the period for submission of 
comments on the proposed regulation. 
‘‘(C) PROVISION OF DATA.—If a proposed 
regulation is referred under this paragraph to 
the Tobacco Products Scientific Advisory Com-
mittee, the Secretary shall provide the Advisory 
Committee with the data and information on 
which such proposed regulation is based. 
‘‘(D) REPORT
AND
RECOMMENDATION.— 
The Tobacco Products Scientific Advisory Com-
mittee shall, within 60 days after the referral of 
a proposed regulation under this paragraph and 
after independent study of the data and infor-
mation furnished to it by the Secretary and 
other data and information before it, submit to 
the Secretary a report and recommendation re-
specting such regulation, together with all un-
derlying data and information and a statement 
of the reason or basis for the recommendation. 
‘‘(E) PUBLIC
AVAILABILITY.—The Sec-
retary shall make a copy of each report and rec-
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ommendation under subparagraph (D) publicly 
available. 
‘‘(e) MENTHOL CIGARETTES.— 
‘‘(1) 
REFERRAL; 
CONSIDERATIONS.—Imme-
diately upon the establishment of the Tobacco Prod-
ucts Scientific Advisory Committee under section 
917(a), the Secretary shall refer to the Committee 
for report and recommendation, under section 
917(c)(4), the issue of the impact of the use of men-
thol in cigarettes on the public health, including 
such use among African Americans, Hispanics, and 
other racial and ethnic minorities. In its review, the 
Tobacco Products Scientific Advisory Committee 
shall address the considerations listed in subsections 
(a)(3)(B)(i) and (b). 
‘‘(2) REPORT
AND
RECOMMENDATION.—Not 
later than 1 year after its establishment, the To-
bacco Product Scientific Advisory Committee shall 
submit to the Secretary the report and recommenda-
tions required pursuant to paragraph (1). 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to limit the Sec-
retary’s authority to take action under this section 
or other sections of this Act applicable to menthol. 
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