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

(a) Unless (b) applies, before issuing a rule requiring a written statement under section 1532, an agency must identify and consider a reasonable number of alternatives and choose the least costly, most cost-effective, or least burdensome alternative that achieves the rule’s objectives— for State, local, and tribal governments when the rule contains a Federal intergovernmental mandate, and for the private sector when it contains a Federal private-sector mandate. (b) The agency may use another method if its head publishes with the final rule why the least costly, most cost-effective, or least burdensome method was not adopted, or if this section would conflict with law. (c) No later than one year after March 22, 1995, the OMB Director must certify to Congress, with a written explanation, agency compliance and identify agencies and rulemakings that did not adequately comply.