EXCLAVE Act of 2026

This bill amends Title 5 of the U.S. Code, requiring federal agencies to consult with residents of pene-exclaves during rulemaking if a proposed rule may impose unique burdens . A pene-exclave is defined as a U.S. region primarily accessible by land only through foreign territory, while a unique burden encompasses difficulties like crossing borders, accessing essential services, or conducting business due to this geographic isolation. Agencies must include a statement about potential unique burdens in their general notice or, upon receiving such a comment, hold a public meeting for pene-exclave residents within 30 days. This meeting must be reasonably accessible, including remote participation, with notice provided to relevant government officials. All meeting records and comments must be published in the Federal Register, and the final rule must include specific responses to these residents' input. To facilitate this, the Director of the Office of Management and Budget (OMB) must establish a comprehensive list of U.S. pene-exclaves and their relevant governmental contacts within 90 days of enactment. This list will also allow local non-profit organizations domiciled in a pene-exclave to petition for their inclusion, ensuring broader representation.