Sec. 385. Least burdensome option or explanation required
188 words·~1 min read·
/bill/115/hr/10/rh/section-385A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsection (b), before promulgating any rule for which a written statement is required under section 382, 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— State, local, and tribal governments, in the case of a rule containing a Federal intergovernmental mandate; and the private sector, in the case of a rule containing a Federal private sector mandate. The provisions of subsection
(a)shall apply unless— 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 the provisions are inconsistent with law. No later than 1 year after the date of the enactment of this Act, the Administrator of the Office of Information and Regulatory Affairs 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.