Page:United States Statutes at Large Volume 90 Part 1.djvu/555

 PUBLIC LAW 94-284—MAY 11, 1976

90 STAT. 505

aging rather than inhibiting the exercise of discretion) that such exercise, performance, or failure to exercise or perform was unreasonable.". (b) Section 32 of such Act (15 U.S.C. 2081) is amended by adding at the end the following new subsection: "(c) No funds appropriated under subsection (a) may be used to pay any claim described in section 4(i) whether pursuant to a judgment of a court or under any award, compromise, or settlement of such claim made under section 2672 of title 28, United States Code, or under any other provision of law.". SAMPLING

PLANS

SEC. 6. Section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)) is amended by (1) inserting " (1) " immediately after " (a) ", (2) redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and (3) adding at the end the following new paragraph: " (2) No consumer product safety standard promulgated under this section shall require, incorporate, or reference any sampling plan. The preceding sentence shall not apply with respect to any consumer product safety standard or other agency action of the Commission under this Act (A) applicable to a fabric, related material, or product which is subject to a flammability standard or for which a flammability standard or other regulation may be promulgated under the Flammable Fabrics Act, or (B) which is or may be applicable to glass containers.". 15 USC 1191 note. STANDARDS DEVELOPMENT

SEC. 7. (a) The last sentence of section 7(b) of the Consumer Product Safety Act (15 U.S.C. 2056 (b)) is amended to read as follows: "An invitation under paragraph (4)(B) shall specify the period of time in which the offeror of an accepted offer is to develop the proposed standard. The period specified shall be a period ending 150 days after the date the offer is accepted unless the Commission for good cause finds (and includes such finding in the notice) that a different period is appropriate.". (b) Section 7(e)(1) of such Act (15 U.S.C. 2056(e)(1)) is amended to read as follows: "(e)(1) If the Commission publishes a notice pursuant to subsection Notice, (b) to commence a proceeding for the development of a consumer product safety standard for a consumer product and if— "(A) the Commission does not, within 30 days after the date of publication of such notice, accept an offer to develop such a standard, or "(B) the development period (specified in paragraph (3)) for such standard ends, the Commission may develop a proposed consumer product safety rule respecting such product and publish such proposed rule.". (c) Section 7(f) of such Act (15 U.S.C. 2056(f)) is amended to read as follows: "(f) If the Commission publishes a notice pursuant to subsection Publication in (b) to commence a proceeding for the development of a consumer Federal Register, product safety standard and if— "(1) no offer to develop such a standard is submitted to, or, if such an offer is submitted to the Commission, no such offer is accepted by, the Commission within a period of 60 days from the publication of such notice (or within such longer period as the

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