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§ 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.



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