The EXCLAVE Act of 2026 requires federal agencies to consult with residents of pene-exclaves, which are regions of U.S. states or territories that can only be reached by land through foreign countries, when writing new rules that would create unique hardships for those residents. A unique burden is defined as anything that hinders residents' ability to cross the U.S. border, access emergency services, veterinary care, food, health care, or conduct business. When an agency proposes a rule that would impose such a burden, it must hold a public meeting exclusively for pene-exclave residents within 30 days, provide advance notice to state and local officials, and publish all comments and meeting minutes in the Federal Register within 60 days. The final rule must include the agency's response to each comment received from pene-exclave residents. Within 90 days of the law's enactment, the Office of Management and Budget must create and maintain a list of all pene-exclaves in the country and contact information for relevant government officials.
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