§ 2204e. — Office of Risk Assessment and CostBenefit Analysis.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2204e]
TITLE 7--AGRICULTURE
CHAPTER 55--DEPARTMENT OF AGRICULTURE
Sec. 2204e. 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 direction of a Director appointed by the
Secretary.
(b) Functions
The Director shall ensure that any regulatory analysis that is
conducted under this section includes 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 October 13, 1994, the Secretary of
Agriculture 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 October 13, 1994, an analysis
with as much specificity as practicable, of--
(A) the risk, including the effect of the risk, to human
health, human safety, or the environment, 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 particularly
sensitive;
(B) the costs associated with the implementation 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 Federal Agency, resulting from comparable activities
and exposure pathways (such comparisons should consider relevant
distinctions among risks, such as the voluntary or involuntary
nature of risks and the preventability or nonpreventability of
risks); and
(D) the quantitative and qualitative benefits of the
regulation, including the reduction or prevention 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 referred to in paragraph (1) should also
contain a statement that the Secretary of Agriculture evaluated--
(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 benefits 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 Government and other public and
private entities, as estimated in paragraph (1)(B).
(3) Construction
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 Secretary of Agriculture shall perform the analyses
required in this section in such a manner that does not delay the
promulgation or implementation of regulations mandated by statute or
judicial order.
(c) ``Major regulation'' defined
As used in this section, the term ``major regulation'' means any
regulation that the Secretary of Agriculture estimates is likely to have
an annual impact on the economy of the United States of $100,000,000 in
1994 dollars.
(Pub. L. 103-354, title III, Sec. 304, Oct. 13, 1994, 108 Stat. 3239.)
Section Referred to in Other Sections
This section is referred to in section 6912 of this title.
