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2020 US Code
Title 2 - The Congress
Chapter 25 - Unfunded Mandates Reform
Subchapter II - Regulatory Accountability and Reform
Sec. 1535 - Least burdensome option or explanation required

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Citation 2 U.S.C. § 1535 (2020)
Section Name §1535. Least burdensome option or explanation required
Section Text (a) In general

Except as provided in subsection (b), 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) 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.

Source Credit

(Pub. L. 104–4, title II, §205, Mar. 22, 1995, 109 Stat. 66.)

Publication Title United States Code, 2018 Edition, Supplement 2, Title 2 - THE CONGRESS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 2 - THE CONGRESS
CHAPTER 25 - UNFUNDED MANDATES REFORM
SUBCHAPTER II - REGULATORY ACCOUNTABILITY AND REFORM
Sec. 1535 - Least burdensome option or explanation required
Contains section 1535
Date 2020
Laws In Effect As Of Date January 13, 2021
Positive Law No
Disposition standard
Statutes at Large References 109 Stat. 66
Public Law References Public Law 104-4
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