H. R. 9435 (Introduced-in-House)

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

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

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,

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”.

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).

“(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—

“(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.”.

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.