EXCLAVE Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9435 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9435

   To amend title 5, United States Code, to require consultation by
   agencies during rulemaking in the case of unique burdens on pene-
                               exclaves.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2026

 Mr. Larsen of Washington (for himself and Mr. Stauber) introduced the
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

   To amend title 5, United States Code, to require consultation by
   agencies during rulemaking in the case of unique burdens on pene-
                               exclaves.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Exclave Communities are
Listened to And their Voices are Examined Act of 2026'' or as the
``EXCLAVE Act of 2026''.

SEC. 2. CONSULTATION REGARDING UNIQUE REGULATORY BURDENS ON PENE-
              EXCLAVES.

    Section 553 of title 5, United States Code, is amended by adding at
the end the following:
    ``(f)(1) If the agency determines, prior to the publication of the
general notice under subsection (b) that a proposed rule may impose a
unique burden on residents of a pene-exclave, the agency shall include
in such notice a statement to that effect.
    ``(2) If the agency makes a determination under paragraph (1), or
if, during the public comment period under subsection (c), the agency
receives a comment from a resident of a pene-exclave alleging that the
proposed rule would impose a unique burden on residents of the pene-
exclave, the agency shall, not later than 30 days after making such
determination or reviewing such comment (whichever is earlier)--
            ``(A) hold a public meeting, exclusively for residents of a
        pene-exclave to submit written data, views, or arguments
        pertaining to the unique burden, that is reasonably accessible
        (including by using telecommunication equipment to allow remote
        participation) to each of those residents;
            ``(B) provide notice of such meeting (including the date,
        time, and location of the meeting) not later than 30 days prior
        to such meeting to relevant State, county, Tribal, and local
        government officials; and
            ``(C) record all communications received that pertain to
        the meeting and record the minutes of such meeting (including
        the content of any comments made at such meeting by such
        residents), and publish all such records in the Federal
        Register by not later than 60 days after such meeting.
    ``(3) In the publication of the final rule, the agency shall
include a response to each comment received or made at such meeting
from a resident of the pene-exclave.
    ``(4) The Administrator of the Office of Information and Regulatory
Affairs of the Office of Management and Budget shall establish a
process for each agency to identify comments referred to in the matter
preceding subparagraph (A) in paragraph (2).
    ``(5) For purposes of this subsection:
            ``(A) The term `unique burden' means, in the case of an
        individual who resides in a pene-exclave, any circumstance
        resulting from such residence that hinders such individual's
        ability to--
                    ``(i) cross the border of the United States;
                    ``(ii) access emergency management services;
                    ``(iii) access veterinary care;
                    ``(iv) procure food, health care, or any other
                necessity of life; or
                    ``(v) conduct any trade or business.
            ``(B) The term `pene-exclave' means any region of a State
        or territory of the United States that is generally accessible
        by land only by travel through the territory of a foreign
        country. For purposes of this paragraph, any such region that
        is geographically contiguous with any other part of the United
        States only by reason of impassable terrain may not be
        considered to be generally accessible by land. Such term may
        not be construed to apply to the entirety of a State or
        territory.''.

SEC. 3. OMB LIST.

    Not later than 90 days after the date of enactment of this Act, the
Director of the Office of Management and Budget shall establish a list
of pene-exclaves in the United States and the appropriate contact
information for the relevant State, Tribal, county, municipal, and
local governmental officials. Any organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code, that is domiciled in the pene-
exclave shall be added to such list on the filing of such a petition.
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