Congress mandates federal agencies consult isolated border communities on rules
H.R. 9435 — EXCLAVE Act of 2026 · Filed by Rick Larsen (D-WA) · 1 cosponsor · Introduced Jun 24, 2026 · Referred to committee
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What it does
This bill amends federal rulemaking procedures to require agencies to hold special public meetings and solicit written input from residents of U.S. pene-exclaves—geographic regions of a state or territory accessible by land only through foreign territory—when a proposed rule may impose a unique burden on them (such as hindering border crossing, emergency access, or food/health procurement). Agencies must publish all comments and respond to each one in the final rule; OMB must maintain a list of pene-exclaves and relevant officials within 90 days.
Why we flagged it
The bill's operative mechanism is a procedural mandate—requiring agencies to consult and respond to pene-exclave residents during rulemaking. It does not create new substantive rights or restrictions; it ensures that a geographically isolated population has a documented voice in regulatory processes that affect them.
What the text implies
- The definition of 'unique burden' is broad and subjective (e.g., 'hinders ability to conduct any trade or business'), which may invite litigation over whether a rule triggers the consultation requirement, potentially slowing rulemaking for rules affecting pene-exclaves.
- OMB's role in establishing a pene-exclave list and a process for identifying comments may create a new administrative layer; the bill does not specify staffing or funding, leaving implementation costs unclear.
The full analysis lists 4 implications of this text.
Who it affects
The bill expands procedural transparency and voice for a geographically isolated population that faces genuine, documented access barriers. It does not restrict rights or remedies; it mandates consultation and public accountability for rules affecting a vulnerable group.