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ing the performance or availability of the consumer product, or

(B) the degree of anticipated injury or the frequency of such injury cannot be reduced without affect

ing the performance or availability of the consumer product but the effect on such performance or availability

is justified when measured against the degree of anticipated injury or the frequency of such injury.

(9) "Use" means: (A) exposure to, and (B) normal use or reasonably foreseeable misuse.

(10) "Risk-based analysis" means analysis which (A) 12 identifies hazardous elements, conditions, and potential acci13 dents, (B) determines the significance of their potential ef14 fect, and (C) provides the bases for design and procedural 15 safety requirements to eliminate or control hazards.

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ESTABLISHMENT OF AGENCY

17 SEC. 102. There is hereby created an independent Con18 sumer Safety Agency (hereinafter referred to as the 19 "Agency") whose function it is to promote the public health 20 and safety by protecting consumers against injury resulting 21 from the use of foods, drugs, or consumer products. Within 22 such Agency there shall be established a Commission of 23 Foods and Nutrition, a Commission of Drugs, and a Commis24 sion of Product Safety, each to be headed by a Commissioner 25 as provided in section 106 of this Act.

2 SEC. 103. (a) APPOINTMENT.-The President shall ap

3 point, with the advice and consent of the Senate, an Admin4 istrator of the Agency.

5 (b) TERM OF OFFICE.-The Administrator shall serve 6 for a term of five years. He may be reappointed to the posi7 tion of Administrator only once in succession.

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(c) POWERS.-In order to fulfill his duties under this

9 title, the Administrator is empowered to

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(1) coordinate the activities of the Commissions of

Foods and Nutrition, Drugs, and Product Safety;

(2) select, appoint, employ, and fix the compensation of such officers and employees as are necessary to carry out his duties under this title, subject to the civil service and classification laws;

(3) direct and supervise all personnel so selected,

appointed, or employed;

(4) employ experts and consultants (including such experts as provided for in section 108 of this title) in accordance with section 3109 of title 5, United

States Code, and compensate individuals so employed for each day (including traveltime) at rates not in

excess of the maximum rate of pay for grade GS-18

as provided in section 5332 of title 5, United States

Code, and, while such experts and consultants are so

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serving away from their homes or regular place of business, to pay such employees travel expenses and per

diem in lieu of subsistence at rates authorized by section

5703 of title 5, United States Code, for persons in Government service employed intermittently;

(5) appoint advisory committees composed of such private citizens and officials of the Federal, State, and local governments as he deems desirable to advise him with respect to his functions under this title, and to pay such members (other than those regularly employed by the Federal Government) without regard to any conflict of interest statutes while attending meetings

of such committees, or otherwise serving at the request of the Administrator, compensation and travel expenses at the rate provided for in paragraph (4) of this subsection with respect to experts and consultants;

(6) promulgate such rules as may be necessary to carry out the functions vested in him and delegate authority for the performance of any function to any officer or employee under his direction and supervision;

(7) obtain by subpena where necessary such information as he is authorized to acquire under this title; (8) utilize, with their consent, the services, personnel, and facilities of other Federal agencies and of

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1 State and private agencies and instrumentalities with or

without reimbursement thereof;

(9) enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of the work of the Agency and on such terms as the Administrator may deem appropriate, with any agency or instrumentality of the United States, or with any State, territory, or possession, or any political subdivision thereof, or with any

public or private person, firm, association, corporation, or institution;

(10) accept gifts and voluntary and uncompensated services, notwithstanding the provisions of section 665 (b) of title 31, United States Code;

(11) designate representatives to serve or assist on such committees as the Administrator may determine to be necessary to maintain effective liaison with Federal agencies and with State and local agencies and independent standard-setting bodies carrying out programs and activities related to the protection of consumers against injury resulting from the use of foods, drugs, and

consumer products;

(12) construct such research and test facilities as may be necessary to carry out the purposes of this Act,

(A) after fully utilizing the personnel, facilities, and

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cies, (B) when authorized by the Congress to plan,

3 design, and construct such facilities, and (C) subject to

the appropriation of funds for this purpose by the

Congress;

(13) conduct public hearings anywhere in the United States to consider the safety of foods, drugs, or

consumer products, and compel the attendance of witnesses by subpena when necessary;

(14) undertake such other activities as are neces

sary to carry out his duties under this title, including those enumerated in other sections of this title; and

(15) delegate any of the above powers, other than subpena powers, to the Commissioners or other officers or employees of the Agency.

DUTIES OF THE ADMINISTRATOR

SEC. 104. The Administrator shall

(a) coordinate the activities of the Commissions of Foods and Nutrition, Drugs, and Product Safety; (b) attempt, in good faith, to secure levels of funding for the Agency that will permit it to carry out its

safety mission on behalf of the public;

(c) establish an Office of Consumer Information

and Representation in accordance with the provisions of

section 108 of this title;