H.R. 9435: Ensuring Exclave Communities are Listened to And their Voices are Examined Act of 2026

This bill would change federal rulemaking procedures when a proposed regulation might create special problems for people living in a pene-exclave—a part of a state or U.S. territory that can usually be reached by land only by traveling through another country.

What agencies would have to do

• If an agency thinks a proposed rule may create a unique burden for residents of a pene-exclave, it would have to say so in the rule’s initial public notice.
• If the agency makes that determination, or if a resident of a pene-exclave raises that concern during the public comment period, the agency would have to hold a public meeting within 30 days.
• That meeting would be limited to residents of the pene-exclave so they can submit written data, views, or arguments about the burden.
• The meeting would need to be reasonably accessible, including through remote participation.
• The agency would have to give at least 30 days’ notice of the meeting to relevant state, county, Tribal, and local officials.
• The agency would have to record comments and minutes from the meeting and publish them in the Federal Register within 60 days after the meeting.
• When issuing the final rule, the agency would have to respond to each comment made or submitted by residents of the pene-exclave.

What counts as a “unique burden”

The bill defines this as a situation caused by living in a pene-exclave that makes it harder to:

• cross the U.S. border,
• get emergency services,
• get veterinary care,
• obtain food, health care, or other necessities, or
• carry on trade or business.

How the government would identify these areas

• Within 90 days after enactment, the Office of Management and Budget would have to create a list of pene-exclaves in the United States.
• The list would also include contact information for the relevant state, Tribal, county, municipal, and local officials.
• Nonprofit organizations that are tax-exempt under section 501(c)(3) and are based in a pene-exclave could be added to the list if they petition to be included.

Relevant Companies

None found.