---
kind: "section"
citation: "2 U.S.C. § 1535"
title: "2"
title_heading: "The Congress"
number: "1535"
heading: "Least burdensome option or explanation required"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/2/1535"
units:
  - "Chapter 25 — Unfunded Mandates Reform"
  - "Subchapter II — Regulatory Accountability and Reform"
---

# §1535. Least burdensome option or explanation required

- (a) **In general—** Except as provided in [subsection (b)](#b), before promulgating any rule for which a written statement is required under [section 1532 of this title](/usc/2/1532.md), 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](/usc/2/4556.md?p=1), 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)](#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](/usc/2/1502.md?p=2) 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.)