§1535 Least burdensome option or explanation required

Summary

Before making a rule that needs a written statement under section 1532, a federal agency must look at a reasonable number of alternatives and pick the one that is least costly, most cost-effective, or least burdensome that still meets the rule’s goals. This applies when the rule creates a federal requirement that affects state, local, or tribal governments, or when it affects the private sector. The agency does not have to pick that option if the agency head publishes with the final rule a written explanation of why the least burdensome choice was not used, or if following this process would conflict with other laws. No later than 1 year after March 22, 1995, the Director of the Office of Management and Budget must report in writing to Congress whether agencies followed these rules and must name agencies and rulemakings that did not comply.