Page:United States Statutes at Large Volume 114 Part 1.djvu/505

 PUBLIC LAW 106-229—JUNE 30, 2000 114 STAT. 469 (C) the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities); or (D) recall of a product, or material failure of a product, that risks endangering health or safety; or (3) any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials. (c) REVIEW OF EXCEPTIONS.— (1) EVALUATION REQUIRED.—The Secretary of Commerce, acting through the Assistant Secretary for Communications and Information, shall review the operation of the exceptions in subsections (a) and (b) to evaluate, over a period of 3 years, whether such exceptions continue to be necessary for the protection of consumers. Within 3 years after the date of enactment Deadline, of this Act, the Assistant Secretary shall submit a report to Reports. the Congress on the results of such evaluation. (2) DETERMINATIONS.— If a Federal regulatory agency, with respect to matter within its jurisdiction, determines 2ifter notice and an opportunity for public comment, and publishes a finding, that one or more such exceptions are no longer necessary for the protection of consumers and eliminating such exceptions will not increase the material risk of harm to consumers, such agency may extend the application of section 101 to the exceptions identified in such finding. SEC. 104. APPLICABILITY TO FEDERAL AND STATE GOVERNMENTS. 15 USC 7004. (a) FILING AND ACCESS REQUIREMENTS. —Subject to subsection (c)(2), nothing in this title limits or supersedes any requirement by a Federal regulatory agency, self-regulatory organization, or State regulatory agency that records be filed with such agency or organization in accordance with specified standards or formats. (b) PRESERVATION OF EXISTING RULEMAKING AUTHORITY.— (1) USE OF AUTHORITY TO INTERPRET,— Subject to paragraph (2) and subsection (c), a Federal regulatory agency or State regulatory agency that is responsible for rulemaking under any other statute may interpret section 101 with respect to such statute through— (A) the issuance of regulations pursuant to a statute; or (B) to the extent such agency is authorized by statute to issue orders or guidance, the issuance of orders or guidance of general applicability that are publicly available and published (in the Federal Register in the case of an order or guidance issued by a Federal regulatory agency). This paragraph does not grant any Federal regulatory agency or State regulatory agency authority to issue regulations, orders, or guidance pursuant to any statute that does not authorize such issuance. (2) LIMITATIONS ON INTERPRETATION AUTHORITY.— Notwithstanding paragraph (1), a Federal regulatory agency shall not adopt any regulation, order, or guidance described in paragraph (1), and a State regulatory agency is preempted by section 101 from adopting any regulation, order, or guidance described in paragraph (1), unless— (A) such regulation, order, or guidance is consistent with section 101;

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