((a)) ** In general** Except as provided in subsection (b), before promulgating any rule for which a written statement is required under , 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 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.March 22, 19951995-03-22