Page:United States Statutes at Large Volume 90 Part 1.djvu/554

 90 STAT. 504 Manufacture or i^'^iN/'^fMvT* 2080 -~

21 USC 301.

PUBLIC LAW 94-284~MAY 11, 1976 (e) The Consumer Product Safety Commission shall make no rul^^^ °^ order that restricts the manufacture or sale of firearms, firearms ammunition, or components of firearms ammunition, including black powder or gunpowder for firearms. (f) The second sentence of section 30(a) of the Consumer Product Safety Act (15 U.S.C. 2079(a)) is amended by (1) striking out "of the Administrator of the Environmental Protection Agency and"; and (2) striking out "Acts amended by subsections (b) through (f) of section 7 of the Poison Prevention Packaging Act of 1970" and inserting in lieu thereof "Federal Food, Drug, and Cosmetic Act (15 U.S.C. 301 et seq.)". BUDGET AND EMPLOYEE PROVISIONS

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SEC. 4. (a) Section 4(f) of the Consumer Product Safety Act (15 U.S.C. 2053(f)) is amended by adding at the end thereof the following new paragraph: "(3) Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chairman without the prior approval of the Commission.". (b) Section 4(g) of such Act (15 U.S.C. 2053(g)) is amended by (1) striking out "full-time" in paragraph (2) and inserting in lieu thereof "regular", and (2) adding after such paragraph the following new paragraphs: "(3) In addition to the number of positions authorized by section 5108(a) of title 5, United States Code, the Chairman, subject to the approval of the Commission, and subject to the standards and pro5 USC 5101 et cedures prescribed by chapter 51 of title 5, United States Code, may seq. place a total of twelve positions in grades GS-16, GS-17, and GS-18. 5 USC 5332 note. ^^(4:) The appointment of any officer (other than a Commissioner) or employee of the Commission shall not be subject, directly or indirectly, to review or approval by any officer or entity within the Executive Office of the President." ACCOUNTABILITY

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SEC. 5. (a) Section 4 of the Consumer Product Safety Act (15 U.S.C. 2053) is amended by adding at the end the following new subsection: "(i) Subsections (a) and (h) of section 2680 of title 28, United States Code, do not prohibit the bringing of a civil action on a claim against the United States which— "(1) is based upon— "(A) misrepresentation or deceit before January 1, 1978, on the part of the Commission or any employee thereof, or "(B) any exercise or performance, or failure to exercise or perform, a discretionary function on the part of the Commission or any employee thereof before January 1, 1978, which exercise, performance, or failure was grossly negligent; and "(2) is not made with respect to any agency action (as defined in section 551 (13) of title 5, United States Code). I ^ th^ ciise of a civil action on a claim based upon the exercise or performance of, or failure to exercise or perform, a discretionary function, no judgment may be entered against the United States unless the court in which such action was brought determines (based upon consideration of all the relevant circumstances, including the statutory responsibility of the Commission and the public interest in encour-

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