Sec. 205. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED
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## SEC. 205 LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED **[**[2 U.S.C. 1535](/us/usc/t2/s1535)**]** ###
(a)In General Except as provided in subsection (b), before promulgating any rule for which a written statement is required under section 202, 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, 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)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 the date of the enactment of this Act, the Director 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.
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Sec. 205
LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED
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