US Supreme Court Decisions On-Line | US Laws

§ 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
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 
        (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.

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