Page:United States Statutes at Large Volume 123.djvu/1845

 123STA T . 1 8 2 5PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9period prior t o b e c o m i ngsu c ha member , recei v ean y sa l ary, grants, or other payments or support f rom any business that manufactures, distributes, mar k ets, or sells cigarettes or other tobacco products .‘ ‘ (2)LIM I TA TI ON . —T he S ecretary may not appoint to the A dvisory C ommittee any individual w ho is in the regular full - time employ of the F ood and D rug Administration or any agency responsible for the enforcement of this Act. The Secretary may appoint Federal officials as e x officio members. ‘‘( 3 )C H AI RPE R S ON.—The Secretary shall designate 1 of the members appointed under clauses (i), (ii), and (iii) of paragraph (1)(A) to serve as chairperson. ‘‘(c) D U TIES.—The Tobacco P roducts 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 re q uested by the Sec- retary. ‘‘(d) COMPENSATION; SUPPORT; FACA.— ‘‘(1) COMPENSATION AN D TRA V E L .— M embers of the Advisory Committee who are not officers or employees of the U nited 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 E xecutive Schedule under section 5 3 8 2of 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 authori z ed by section 5 70 3 of title 5, United States Code, for persons in the G overnment service employed intermit- tently. ‘‘(2) ADMINISTRATIVE SUPPORT.—The Secretary shall furnish the Advisory Committee clerical and other assistance. ‘‘(3) N ONAPPLI C ATION O F FACA.—Section 14 of the Federal Advisory Committee Act does not apply to the Advisory Com- mittee. ‘‘(e) PROCEEDIN G S OF ADVISOR Y 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 . DRUGP R O DUC T S USED TO TRE A TTO B ACCO DEPE N DENCE. ‘‘(a) I N 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 50 6 21USC387r.Reco r ds .