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(2) no person serving on the expert advisory
committee established to advise the Secretary of Agri-
culture on the issues should stand to profit, or rep-
resent any interest that would stand to profit, from
the decision of the Department on the issues.
SEC. 302. FIRST AMENDMENT RIGHTS OF EMPLOYEES OF
THE UNITED STATES DEPARTMENT OF AGRI-
CULTURE.
Notwithstanding any other provision of law, no em-
ployee of the United States Department of Agriculture shall
be peremptorily removed, on or after February 15, 1994,
from the position of the employee without an opportunity
for a public or nonpublic hearing, at the option of the em-
ployee, because of remarks made during personal time in
opposition to policies, or proposed policies, of the Depart-
ment, including policies or proposed policies regarding ho-
mosexuals. Any employee removed on or after February 15,
1994, without the opportunity for such a hearing shall be
reinstated to the position of the employee pending such a
hearing.
SEC. 303. ADJUSTED COST OF THRIFTY FOOD PLAN.
(a) IN GENERAL.—Section 3(o)(11) of the Food Stamp
Act of 1977 (7 U.S.C. 2012(o)(11)) is amended by inserting
‘‘and (in the case of households residing in Alaska) on Octo-
ber 1, 1994,’’ after ‘‘1992,’’.
159
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall be effective beginning on September 30,
1994.
SEC. 304. OFFICE OF RISK ASSESSMENT AND COST-BENEFIT
ANALYSIS.
(a) OFFICE OF RISK ASSESSMENT AND COST-BENEFIT
ANALYSIS.—The Secretary of Agriculture shall establish in
the Department of Agriculture an Office of Risk Assessment
and Cost-Benefit Analysis, which shall be under the direc-
tion of a Director appointed by the Secretary.
(b) FUNCTIONS.—The Director shall ensure that any
regulatory analysis that is conducted under this section in-
cludes a risk assessment and cost-benefit analysis that is
performed consistently and uses reasonably obtainable and
sound scientific, technical, economic, and other data.
(1) IN GENERAL.—Effective six months after the
date of enactment of this Act, the Secretary of Agri-
culture shall publish in the Federal Register, for each
proposed major regulation the primary purpose of
which is to regulate issues of human health, human
safety, or the environment that is promulgated by the
Department after the enactment of this Act, an analy-
sis with as much specificity as practicable, of—
(A) the risk, including the effect of the risk,
to human health, human safety, or the environ-
160
ment, and any combination thereof, addressed by
the regulation, including, where applicable and
practicable, the health and safety risks to persons
who are disproportionately exposed or particu-
larly sensitive;
(B) the costs associated with the implemen-
tation of, and compliance with, the regulation;
(C) where appropriate and meaningful, a
comparison of that risk relative to other similar
risks regulated by the Department or other Fed-
eral Agency, resulting from comparable activities
and 
exposure 
pathways 
(such 
comparisons
should consider relevant distinctions among
risks, such as the voluntary or involuntary na-
ture 
of 
risks 
and 
the 
preventability 
or
nonpreventability of risks); and
(D) the quantitative and qualitative benefits
of the regulation, including the reduction or pre-
vention of risk expected from the regulation.
Where such a regulatory analysis is not practicable because
of compelling circumstances, the Director shall provide an
explanation in lieu of conducting an analysis under this
section.
(2) EVALUATION.—The regulatory analysis re-
ferred to in paragraph (1) should also contain a
161
statement that the Secretary of Agriculture evalu-
ated—
(A) whether the regulation will advance the
purpose of protecting against the risk referred to
in paragraph (1)(A); and
(B) whether the regulation will produce ben-
efits and reduce risks to human health, human
safety, or the environment, and any combination
thereof, in a cost-effective manner as a result of
the implementation of and compliance with the
regulation, by local, State, and Federal Govern-
ment and other public and private entities, as
estimated in paragraph (1)(B).
(3) This section shall not be construed to amend,
modify, or alter any statute and shall not be subject
to judicial review. This section shall not be construed
to grant a cause of action to any person. The Sec-
retary of Agriculture shall perform the analyses re-
quired in this section in such a manner that does not
delay the promulgation or implementation of regula-
tions mandated by statute or judicial order.
(c) DEFINITION.—As used in this section, the term
‘‘major regulation’’ means any regulation that the Sec-
retary of Agriculture estimates is likely to have an annual
162
impact on the economy of the United States of $100,000,000
in 1994 dollars.
SEC. 305. FAIR AND EQUITABLE TREATMENT OF SOCIALLY
DISADVANTAGED PRODUCERS.
(a) FAIR CROP ACREAGE BASES AND FARM PROGRAM
PAYMENT YIELDS.—If the Secretary of Agriculture deter-
mines that crop acreage bases or farm program payment
yields established for farms owned or operated by socially
disadvantaged producers are not established in accordance
with title V of the Agricultural Act of 1949 (7 U.S.C. 1461
et seq.), the Secretary shall adjust the bases and yields to
conform to the requirements of such title and make available
any appropriate commodity program benefits.
(b) FAIR APPLICATION OF CONSOLIDATED FARM AND
RURAL DEVELOPMENT ACT.—If the Secretary of Agri-
culture determines that application of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1921 et seq.)
with respect to socially disadvantaged producers is not con-
sistent with the requirements of such Act, the Secretary
shall make such changes in the administration of such Act
as the Secretary considers necessary to provide for the fair
and equitable treatment of socially disadvantaged producers
under such Act.
(c) REPORT ON TREATMENT OF SOCIALLY DISADVAN-
TAGED PRODUCERS.—