123 
ever occurs sooner. If, however, the Secretary has not 
made a finding before the reporting deadline, the 
manufacturer shall not be considered to be in viola-
tion of such requirements until the Secretary finds 
that the conditions described in paragraph (2) have 
not been met, or until 1 year after the reporting dead-
line, whichever occurs sooner. 
‘‘(4) ADDITIONAL
EXTENSION.—In addition to 
the time that may be provided under paragraph (3), 
the Secretary may provide further extensions of time, 
in increments of no more than 1 year, for required 
testing and reporting to occur if the Secretary deter-
mines, based on evidence properly and timely sub-
mitted by a small tobacco product manufacturer in 
accordance with paragraph (2), that a lack of avail-
able laboratory capacity prevents the manufacturer 
from completing the required testing during the pe-
riod described in paragraph (3). 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in subsection 
(d) or (e) shall be construed to authorize the extension of 
any deadline, or to otherwise affect any timeframe, under 
any provision of this Act or the Family Smoking Preven-
tion and Tobacco Control Act other than this section. 
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‘‘SEC. 916. PRESERVATION OF STATE AND LOCAL AUTHOR-
ITY. 
‘‘(a) IN GENERAL.— 
‘‘(1) PRESERVATION.—Except as provided in 
paragraph (2)(A), nothing in this chapter, or rules 
promulgated under this chapter, shall be construed to 
limit the authority of a Federal agency (including the 
Armed Forces), a State or political subdivision of a 
State, or the government of an Indian tribe to enact, 
adopt, promulgate, and enforce any law, rule, regula-
tion, or other measure with respect to tobacco prod-
ucts that is in addition to, or more stringent than, 
requirements established under this chapter, including 
a law, rule, regulation, or other measure relating to 
or prohibiting the sale, distribution, possession, expo-
sure to, access to, advertising and promotion of, or 
use of tobacco products by individuals of any age, in-
formation reporting to the State, or measures relating 
to fire safety standards for tobacco products. No pro-
vision of this chapter shall limit or otherwise affect 
any State, tribal, or local taxation of tobacco prod-
ucts. 
‘‘(2) PREEMPTION OF CERTAIN STATE AND LOCAL 
REQUIREMENTS.— 
‘‘(A) IN GENERAL.—No State or political 
subdivision of a State may establish or continue 
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in effect with respect to a tobacco product any 
requirement which is different from, or in addi-
tion to, any requirement under the provisions of 
this chapter relating to tobacco product stand-
ards, 
premarket 
review, 
adulteration, 
mis-
branding, labeling, registration, good manufac-
turing standards, or modified risk tobacco prod-
ucts. 
‘‘(B) EXCEPTION.—Subparagraph (A) does 
not apply to requirements relating to the sale, 
distribution, possession, information reporting to 
the State, exposure to, access to, the advertising 
and promotion of, or use of, tobacco products by 
individuals of any age, or relating to fire safety 
standards for tobacco products. Information dis-
closed to a State under subparagraph (A) that is 
exempt from disclosure under section 552(b)(4) 
of title 5, United States Code, shall be treated as 
a trade secret and confidential information by 
the State. 
‘‘(b) RULE OF CONSTRUCTION REGARDING PRODUCT 
LIABILITY.—No provision of this chapter relating to a to-
bacco product shall be construed to modify or otherwise af-
fect any action or the liability of any person under the 
product liability law of any State. 
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126 
‘‘SEC. 917. TOBACCO PRODUCTS SCIENTIFIC ADVISORY 
COMMITTEE. 
‘‘(a) ESTABLISHMENT.—Not later than 1 year after the 
date of enactment of the Family Smoking Prevention and 
Tobacco Control Act, the Secretary shall establish a 12- 
member advisory committee, to be known as the Tobacco 
Products Scientific Advisory Committee (in this section re-
ferred to as the ‘Advisory Committee’). 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.— 
‘‘(A) MEMBERS.—The Secretary shall ap-
point as members of the Tobacco Products Sci-
entific Advisory Committee individuals who are 
technically qualified by training and experience 
in medicine, medical ethics, science, or tech-
nology involving the manufacture, evaluation, or 
use of tobacco products, who are of appropriately 
diversified professional backgrounds. The com-
mittee shall be composed of— 
‘‘(i) 7 individuals who are physicians, 
dentists, scientists, or health care profes-
sionals practicing in the area of oncology, 
pulmonology, cardiology, toxicology, phar-
macology, addiction, or any other relevant 
specialty; 
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‘‘(ii) 1 individual who is an officer or 
employee of a State or local government or 
of the Federal Government; 
‘‘(iii) 1 individual as a representative 
of the general public; 
‘‘(iv) 1 individual as a representative 
of the interests of the tobacco manufacturing 
industry; 
‘‘(v) 1 individual as a representative of 
the interests of the small business tobacco 
manufacturing industry, which position 
may be filled on a rotating, sequential basis 
by representatives of different small business 
tobacco manufacturers based on areas of ex-
pertise relevant to the topics being consid-
ered by the Advisory Committee; and 
‘‘(vi) 1 individual as a representative 
of the interests of the tobacco growers. 
‘‘(B) NONVOTING MEMBERS.—The members 
of the committee appointed under clauses (iv), 
(v), and (vi) of subparagraph (A) shall serve as 
consultants to those described in clauses (i) 
through (iii) of subparagraph (A) and shall be 
nonvoting representatives. 
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‘‘(C) CONFLICTS OF INTEREST.—No mem-
bers of the committee, other than members ap-
pointed pursuant to clauses (iv), (v), and (vi) of 
subparagraph (A) shall, during the member’s 
tenure on the committee or for the 18-month pe-
riod prior to becoming such a member, receive 
any salary, grants, or other payments or support 
from any business that manufactures, distrib-
utes, markets, or sells cigarettes or other tobacco 
products. 
‘‘(2) LIMITATION.—The Secretary may not ap-
point to the Advisory Committee any individual who 
is in the regular full-time employ of the Food and 
Drug Administration or any agency responsible for 
the enforcement of this Act. The Secretary may ap-
point Federal officials as ex officio members. 
‘‘(3) CHAIRPERSON.—The Secretary shall des-
ignate 1 of the members appointed under clauses (i), 
(ii), and (iii) of paragraph (1)(A) to serve as chair-
person. 
‘‘(c) DUTIES.—The Tobacco Products Scientific Advi-
sory Committee shall provide advice, information, and rec-
ommendations to the Secretary— 
‘‘(1) as provided in this chapter; 
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‘‘(2) on the effects of the alteration of the nicotine 
yields from tobacco products; 
‘‘(3) on whether there is a threshold level below 
which nicotine yields do not produce dependence on 
the tobacco product involved; and 
‘‘(4) on its review of other safety, dependence, or 
health issues relating to tobacco products as requested 
by the Secretary. 
‘‘(d) COMPENSATION; SUPPORT; FACA.— 
‘‘(1) COMPENSATION AND TRAVEL.—Members of 
the Advisory Committee who are not officers or em-
ployees of the United States, while attending con-
ferences or meetings of the committee or otherwise en-
gaged in its business, shall be entitled to receive com-
pensation at rates to be fixed by the Secretary, which 
may not exceed the daily equivalent of the rate in ef-
fect under the Senior Executive Schedule under sec-
tion 5382 of title 5, United States Code, for each day 
(including travel time) they are so engaged; and while 
so serving away from their homes or regular places of 
business each member may be allowed travel expenses, 
including per diem in lieu of subsistence, as author-
ized by section 5703 of title 5, United States Code, for 
persons in the Government service employed intermit-
tently. 
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