H. R. 1256—47 
beyond a total of 5 years after the initial date of compliance 
under this section set by the Secretary with respect to 
manufacturers that are not small tobacco product manufac-
turers. 
‘‘(3) 
SUBSEQUENT
AND
ADDITIONAL
TESTING
AND 
REPORTING.—The regulations promulgated under subsection (a) 
shall provide that, with respect to any subsequent or additional 
testing and reporting of tobacco products required under this 
section, such testing and reporting by a small tobacco product 
manufacturer shall be conducted in accordance with the time-
frames described in paragraph (2)(A), except that, in the case 
of a new product, or if there has been a modification described 
in section 910(a)(1)(B) of any product of a small tobacco product 
manufacturer since the last testing and reporting required 
under this section, the Secretary shall require that any subse-
quent or additional testing and reporting be conducted in 
accordance with the same timeframe applicable to manufactur-
ers that are not small tobacco product manufacturers. 
‘‘(4) JOINT LABORATORY TESTING SERVICES.—The Secretary 
shall allow any 2 or more small tobacco product manufacturers 
to join together to purchase laboratory testing services required 
by this section on a group basis in order to ensure that such 
manufacturers receive access to, and fair pricing of, such testing 
services. 
‘‘(e) EXTENSIONS FOR LIMITED LABORATORY CAPACITY.— 
‘‘(1) IN GENERAL.—The regulations promulgated under sub-
section (a) shall provide that a small tobacco product manufac-
turer shall not be considered to be in violation of this section 
before the deadline applicable under paragraphs (3) and (4), 
if— 
‘‘(A) the tobacco products of such manufacturer are 
in compliance with all other requirements of this chapter; 
and 
‘‘(B) the conditions described in paragraph (2) are met. 
‘‘(2) CONDITIONS.—Notwithstanding the requirements of 
this section, the Secretary may delay the date by which a 
small tobacco product manufacturer must be in compliance 
with the testing and reporting required by this section until 
such time as the testing is reported if, not later than 90 
days before the deadline for reporting in accordance with this 
section, a small tobacco product manufacturer provides evidence 
to the Secretary demonstrating that— 
‘‘(A) the manufacturer has submitted the required prod-
ucts for testing to a laboratory and has done so sufficiently 
in advance of the deadline to create a reasonable expecta-
tion of completion by the deadline; 
‘‘(B) the products currently are awaiting testing by 
the laboratory; and 
‘‘(C) neither that laboratory nor any other laboratory 
is able to complete testing by the deadline at customary, 
nonexpedited testing fees. 
‘‘(3) EXTENSION.—The Secretary, taking into account the 
laboratory testing capacity that is available to tobacco product 
manufacturers, shall review and verify the evidence submitted 
by a small tobacco product manufacturer in accordance with 
paragraph (2). If the Secretary finds that the conditions 
described in such paragraph are met, the Secretary shall notify
H. R. 1256—48 
the small tobacco product manufacturer that the manufacturer 
shall not be considered to be in violation of the testing and 
reporting requirements of this section until the testing is 
reported or until 1 year after the reporting deadline has passed, 
whichever occurs sooner. If, however, the Secretary has not 
made a finding before the reporting deadline, the manufacturer 
shall not be considered to be in violation of such requirements 
until the Secretary finds that the conditions described in para-
graph (2) have not been met, or until 1 year after the reporting 
deadline, whichever occurs sooner. 
‘‘(4) ADDITIONAL EXTENSION.—In addition to the time that 
may be provided under paragraph (3), the Secretary may pro-
vide further extensions of time, in increments of no more than 
1 year, for required testing and reporting to occur if the Sec-
retary determines, based on evidence properly and timely sub-
mitted by a small tobacco product manufacturer in accordance 
with paragraph (2), that a lack of available laboratory capacity 
prevents the manufacturer from completing the required testing 
during the period 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 Prevention and Tobacco Control Act 
other than this section. 
‘‘SEC. 916. PRESERVATION OF STATE AND LOCAL AUTHORITY. 
‘‘(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 polit-
ical subdivision of a State, or the government of an Indian 
tribe to enact, adopt, promulgate, and enforce any law, rule, 
regulation, or other measure with respect to tobacco products 
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, distribu-
tion, possession, exposure to, access to, advertising and pro-
motion of, or use of tobacco products by individuals of any 
age, information reporting to the State, or measures relating 
to fire safety standards for tobacco products. No provision of 
this chapter shall limit or otherwise affect any State, tribal, 
or local taxation of tobacco products. 
‘‘(2) PREEMPTION OF CERTAIN STATE AND LOCAL REQUIRE-
MENTS.— 
‘‘(A) IN
GENERAL.—No State or political subdivision 
of a State may establish or continue in effect with respect 
to a tobacco product any requirement which is different 
from, or in addition to, any requirement under the provi-
sions of this chapter relating to tobacco product standards, 
premarket review, adulteration, misbranding, labeling, reg-
istration, good manufacturing standards, or modified risk 
tobacco products. 
‘‘(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
H. R. 1256—49 
by individuals of any age, or relating to fire safety stand-
ards for tobacco products. Information disclosed 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 tobacco product shall 
be construed to modify or otherwise affect any action or the liability 
of any person under the product liability law of any State. 
‘‘SEC. 917. TOBACCO PRODUCTS SCIENTIFIC ADVISORY COMMITTEE. 
‘‘(a) ESTABLISHMENT.—Not later than 6 months after the date 
of enactment of the Family Smoking Prevention and Tobacco Con-
trol Act, the Secretary shall establish a 12-member advisory com-
mittee, to be known as the Tobacco Products Scientific Advisory 
Committee (in this section referred to as the ‘Advisory Committee’). 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.— 
‘‘(A) MEMBERS.—The Secretary shall appoint as mem-
bers of the Tobacco Products Scientific 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 committee shall be composed 
of— 
‘‘(i) 7 individuals who are physicians, dentists, sci-
entists, or health care professionals practicing in the 
area of oncology, pulmonology, cardiology, toxicology, 
pharmacology, addiction, or any other relevant spe-
cialty; 
‘‘(ii) 1 individual who is an officer or employee 
of a State or local government or of the Federal Govern-
ment; 
‘‘(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 expertise rel-
evant to the topics being considered 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 com-
mittee appointed under clauses (iv), (v), and (vi) of subpara-
graph (A) shall serve as consultants to those described 
in clauses (i) through (iii) of subparagraph (A) and shall 
be nonvoting representatives. 
‘‘(C) CONFLICTS OF INTEREST.—No members of the com-
mittee, other than members appointed pursuant to clauses 
(iv), (v), and (vi) of subparagraph (A) shall, during the 
member’s tenure on the committee or for the 18-month
H. R. 1256—50 
period prior to becoming such a member, receive any salary, 
grants, or other payments or support from any business 
that manufactures, distributes, markets, or sells cigarettes 
or other tobacco products. 
‘‘(2) LIMITATION.—The Secretary may not appoint 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 
appoint Federal officials as ex officio members. 
‘‘(3) CHAIRPERSON.—The Secretary shall designate 1 of the 
members appointed under clauses (i), (ii), and (iii) of paragraph 
(1)(A) to serve as chairperson. 
‘‘(c) DUTIES.—The Tobacco Products Scientific Advisory Com-
mittee shall provide advice, information, and recommendations to 
the Secretary— 
‘‘(1) as provided in this chapter; 
‘‘(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 Sec-
retary. 
‘‘(d) COMPENSATION; SUPPORT; FACA.— 
‘‘(1) COMPENSATION AND TRAVEL.—Members of the Advisory 
Committee who are not officers or employees of the United 
States, while attending conferences or meetings of the com-
mittee or otherwise engaged in its business, shall be entitled 
to receive compensation at rates to be fixed by the Secretary, 
which may not exceed the daily equivalent of the rate in effect 
under the Senior Executive Schedule under section 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 subsist-
ence, as authorized by section 5703 of title 5, United States 
Code, for persons in the Government service employed intermit-
tently. 
‘‘(2) ADMINISTRATIVE SUPPORT.—The Secretary shall furnish 
the Advisory Committee clerical and other assistance. 
‘‘(3) NONAPPLICATION OF FACA.—Section 14 of the Federal 
Advisory Committee Act does not apply to the Advisory Com-
mittee. 
‘‘(e) PROCEEDINGS OF ADVISORY PANELS AND COMMITTEES.— 
The Advisory Committee shall make and maintain a transcript 
of any proceeding of the panel or committee. Each such panel 
and committee shall delete from any transcript made under this 
subsection information which is exempt from disclosure under sec-
tion 552(b) of title 5, United States Code. 
‘‘SEC. 918. DRUG PRODUCTS USED TO TREAT TOBACCO DEPENDENCE. 
‘‘(a) IN GENERAL.—The Secretary shall— 
‘‘(1) at the request of the applicant, consider designating 
products for smoking cessation, including nicotine replacement 
products as fast track research and approval products within 
the meaning of section 506;