§1535 Least Burdensome Option or Explanation Required

Summary

Before an agency issues any rule that needs a written statement under section 1532, it must look at several reasonable ways to reach the rule’s goal and pick the option that meets the goal while costing the least, being most cost-effective, or causing the least burden. This requirement applies when the rule creates federal requirements for state, local, or tribal governments and when it creates requirements for the private sector. If the agency does not pick the least costly or least burdensome option, the agency head must include a written explanation with the final rule saying why. The rule does not apply when it would conflict with other laws. The Director of the Office of Management and Budget must, no later than 1 year after March 22, 1995, send Congress a written certification saying which agencies and rulemakings complied and which did not.