§ 1535. — Least burdensome option or explanation required.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC1535]
TITLE 2--THE CONGRESS
CHAPTER 25--UNFUNDED MANDATES REFORM
SUBCHAPTER II--REGULATORY ACCOUNTABILITY AND REFORM
Sec. 1535. Least burdensome option or explanation required
(a) In general
Except as provided in subsection (b) of this section, before
promulgating any rule for which a written statement is required under
section 1532 of this title, the agency shall identify and consider a
reasonable number of regulatory alternatives and from those alternatives
select the least costly, most cost-effective or least burdensome
alternative that achieves the objectives of the rule, for--
(1) State, local, and tribal governments, in the case of a rule
containing a Federal intergovernmental mandate; and
(2) the private sector, in the case of a rule containing a
Federal private sector mandate.
(b) Exception
The provisions of subsection (a) of this section shall apply
unless--
(1) the head of the affected agency publishes with the final
rule an explanation of why the least costly, most cost-effective or
least burdensome method of achieving the objectives of the rule was
not adopted; or
(2) the provisions are inconsistent with law.
(c) OMB certification
No later than 1 year after March 22, 1995, the Director of the
Office of Management and Budget shall certify to Congress, with a
written explanation, agency compliance with this section and include in
that certification agencies and rulemakings that fail to adequately
comply with this section.
(Pub. L. 104-4, title II, Sec. 205, Mar. 22, 1995, 109 Stat. 66.)
Section Referred to in Other Sections
This section is referred to in title 5 section 801.
