EXCLAVE Act of 2026
- Bill Number
- H.R. 9435
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2026-06-24: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-07-09T18:47:04Z
AI-Generated Summary
Purpose The legislation amends federal administrative law to require agencies to consult specifically with residents of pene-exclaves when proposed rules may create unique burdens due to the geographic isolation of those areas. It aims to improve participation in the rulemaking process for communities accessible by land only through foreign territory.
Key Provisions
- Agencies must state in the initial public notice if a proposed rule may impose a unique burden on pene-exclave residents.
- Upon such a determination or receipt of a qualifying public comment, agencies must hold a dedicated public meeting for those residents (with remote access options) within 30 days, notify relevant state, county, tribal, and local officials at least 30 days in advance, and publish meeting records and minutes in the Federal Register within 60 days.
- Final rules must include responses to all comments from pene-exclave residents received during these meetings.
- The Office of Management and Budget (OMB) must create a list of U.S. pene-exclaves with contact information for relevant officials and allow certain nonprofit organizations located there to request addition to the list.
- OMB must establish a process for agencies to identify and handle related comments.
Significant Changes to Existing Law This bill adds a new subsection (f) to section 553 of title 5, United States Code (part of the Administrative Procedure Act), creating targeted consultation, meeting, and response requirements that go beyond standard notice-and-comment procedures. It introduces new definitions for "unique burden" and "pene-exclave," which are not present in current law.
Potential Impacts
- Government agencies: Federal rulemaking agencies face additional procedural steps, including specialized meetings and record-keeping, which may extend timelines and require extra resources.
- Citizens: Residents of pene-exclaves gain enhanced opportunities to provide input on rules affecting cross-border access, emergency services, veterinary care, necessities, or business operations.
- International relations: The focus on border-crossing challenges could indirectly affect coordination with neighboring countries but does not create new international obligations.
- OMB gains new administrative duties related to list maintenance and comment identification.
Main Stakeholders Affected
- Residents of pene-exclaves.
- Federal agencies conducting rulemaking.
- State, county, tribal, and local governments in affected areas.
- Nonprofit organizations domiciled in pene-exclaves.
- The Office of Management and Budget.
Notable Legal, Constitutional, or Political Implications The measure expands public participation requirements under the Administrative Procedure Act without altering core constitutional standards for agency action. It applies only to specific geographic regions rather than entire states or territories and does not address broader regulatory or border policy issues.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-06-24: Referred to the House Committee on the Judiciary.
- 2026-06-24: Introduced in House
- 2026-06-24: Introduced in House
Bill Versions
- Ensuring Exclave Communities are Listened to And their Voices are Examined Act of 2026 — issued 2026-06-24 — PDF (4 pages)