2 USC § 1535 - Least burdensome option or explanation required

---
identifier: "/us/usc/t2/s1535"
source: "usc"
legal_status: "official_prima_facie"
title: "2 USC § 1535 - Least burdensome option or explanation required"
title_number: 2
title_name: "THE CONGRESS"
section_number: "1535"
section_name: "Least burdensome option or explanation required"
chapter_number: 25
chapter_name: "UNFUNDED MANDATES REFORM"
subchapter_number: "II"
subchapter_name: "REGULATORY ACCOUNTABILITY AND REFORM"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 104–4, title II, § 205, Mar. 22, 1995, 109 Stat. 66.)"
---


# § 1535. Least burdensome option or explanation required

**(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** March 22, 1995

No later than 1 year after , 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.

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