H.R. 3106 explained · 119th Congress · Pending in Congress
Weatherizing Infrastructure in the North and Terrorism Emergency Readiness Act of 2025
Cosponsors: 1 (1 D, 0 R) · per Congress.gov, 2026-10-08
Introduced: 2025-04-30
Latest action (2026-07-14): Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
What H.R. 3106 does, in plain terms
Weatherizing Infrastructure in the North and Terrorism Emergency Readiness Act of 2025 This bill requires the Department of Homeland Security (DHS) to develop and conduct an exercise to enhance collective domestic preparedness for and response to a terrorist attack during an extreme cold weather event (e.g., an event caused by a polar vortex when Arctic air expands southward). The scenario in the exercise must involve a terrorist attack causing cascading effects on critical infrastructure (i.e., systems and assets of vital importance to national security, public health, or safety) and must address how public and private entities can coordinate to mitigate such effects and bolster community resilience. Within 60 days after completion of the exercise, DHS must submit to Congress an after-action report including the initial findings of the exercise, plans for incorporating lessons learned into future operations, and any proposed legislative changes.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-08
SI-generated grade · five published checks · not individually reviewed by a person · methodology
HR 3106 requires only a DHS terrorism plus extreme-cold preparedness exercise and a report to Congress with lessons learned. It exercises core federal national-defense authority, restricts no rights, seizes no property, skips no due process, and consolidates no permanent power. Fully constitutional.
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✓ Passes · Enumerated powers
Congress has explicit authority to provide for the common Defence under Article I, Section 8, Clause 1, to regulate interstate commerce affected by critical infrastructure under Article I, Section 8, Clause 3, and to make laws necessary and proper for executing those powers under Article I, Section 8, Clause 18. Directing DHS to exercise domestic preparedness for terrorism response falls squarely … -
✓ Passes · Bill of Rights
The bill orders only a DHS preparedness exercise and an after-action report to Congress. It creates no restriction on speech, religion, press, assembly under the First Amendment, no disarmament under the Second Amendment, no search, seizure, or surveillance under the Fourth Amendment, and no compulsion or trial rule affecting the Fifth, Sixth, Seventh, or Eighth Amendments. No unenumerated right u… -
✓ Passes · Individual sovereignty
The bill restricts no personal conduct, property use, speech, labor, belief, movement, or private coordination. Public and private entities are addressed only as coordination partners for resilience planning. The government bears no additional justification burden here because no individual freedom is curtailed under the liberty protections of the Fifth Amendment and Ninth Amendment. -
✓ Passes · Decentralization
A coordinated terrorist attack causing cascading failure of critical infrastructure during extreme winter weather cannot be handled by an individual or family, nor by a single county or locality, nor by one state alone, because effects cross state lines and involve national security assets. A federally coordinated exercise does not consolidate permanent decision-making upward; it plans coordinatio… -
✓ Passes · Due process and takings
No person is deprived of life, liberty, or property under the Fifth Amendment Due Process Clause, no presumption of innocence is altered, no criminal penalty or seizure is authorized, and no private property is taken for public use requiring just compensation under the Fifth Amendment Takings Clause. No hearing or notice is required because no adverse action against any person is ordered.
Sources: Congress.gov: HR 3106 summary
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