2 U.S.C. § 1535 - Least burdensome option or explanation required

Cite as:2 U.S.C. § 1535
Currency:Current through P.L. 116-135 (03/26/2020)

(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-

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