H.R. 8874 explained · 119th Congress · Pending in Congress
Homeland Security Capabilities Preservation Reporting Act of 2026
Cosponsors: 2 (1 D, 1 R) · per Congress.gov, 2026-10-08
Introduced: 2026-05-19
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. 8874 does, in plain terms
Homeland Security Capabilities Preservation Reporting Act of 2026 This bill requires the Federal Emergency Management Agency (FEMA) to submit a report to Congress every three years (current law requires only one report) regarding urban areas’ security capabilities previously supported with funding from the Urban Area Security Initiative (UASI) and at risk of being reduced or eliminated without additional federal assistance. FEMA’s UASI grants assist designated high-risk urban areas with developing and sustaining capabilities to prevent, prepare for, protect against, and respond to acts of terrorism. Each report must contain a proposal for FEMA to provide financial assistance for at least three consecutive years to urban areas previously receiving UASI funds to allow them to transition to other funding sources to preserve their security capabilities.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-11
SI-generated grade · five published checks · not individually reviewed by a person · methodology
This bill is a routine reporting and authorization measure that directs FEMA to report to Congress and propose multi-year financial assistance for urban security capabilities. It does not expand federal regulatory authority over individuals or states, does not infringe on any constitutional right, and does not consolidate decision-making beyond what is necessary for a federal grant program. It is fully consistent with Congress's spending power and the general welfare clause.
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✓ Passes · Enumerated powers
Congress has the power to appropriate funds and to direct executive agencies to report on the use of those funds under Article I, Section 8, Clause 1 (the Spending Clause) and the Necessary and Proper Clause (Article I, Section 8, Clause 18). The bill concerns federal grants to states and localities for homeland security, which is a permissible exercise of the spending power. It does not regulate … -
✓ Passes · Bill of Rights
The bill does not implicate any of the first ten amendments. It imposes no restrictions on speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment. It is a purely administrative reporting requirement. -
✓ Passes · Individual sovereignty
The bill does not restrict individual liberty, property, speech, labor, or belief. It only requires FEMA to submit reports and propose grant assistance. Individuals are not subject to any new mandates or prohibitions. The burden of proof for any restriction is not triggered because no restriction exists. -
✓ Passes · Decentralization
The bill does not consolidate decision-making upward. It concerns federal grants to local urban areas, which is a cooperative federalism arrangement. The reporting requirement is a minimal federal oversight function that does not displace state or local authority. The four-question test: (1) individuals cannot handle national terrorism preparedness alone, (2) local communities cannot fully handle … -
✓ Passes · Due process and takings
The bill does not deprive any person of life, liberty, or property without due process, nor does it take private property for public use without just compensation. It is a reporting and authorization measure that does not affect any individual's legal rights or obligations.
Sources: Congress.gov: HR 8874 summary
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The Framers
“Founders’ Verdict”
Confidence 0.75
Archived SI output (machine-generated)No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.
Synthesis
The bill is constitutional as a proper exercise of Congress's power to appropriate funds and require reports from executive departments, ensuring accountability and prudent stewardship of public resources without violating any constitutional prohibition.
The bill requires periodic reporting and a multi-year financial assistance proposal, which are proper exercises of Congress's power to appropriate funds and to require information from executive departments. Article I, Section 8, Clause 1 grants Congress the power to provide for the common defense and general welfare, and Article I, Section 9, Clause 7 requires that no money be drawn from the Treasury but in consequence of appropriations made by law. The requirement for a report and a funding proposal is a legitimate condition on appropriations, as Congress may direct the executive to account …
The requirement for FEMA to submit periodic reports to Congress is a proper exercise of legislative oversight under Article I, as it seeks information necessary for Congress to judge the efficacy of federal expenditures for the common defense. However, the mandate that each report contain a proposal for multi-year financial assistance to urban areas risks expanding federal power beyond its enumerated limits. The Tenth Amendment reserves to the states the general police power over local security, and the Constitution grants Congress only the power to tax and spend for the general welfare, not t…
This bill is constitutional under the enumerated powers of Congress to provide for the common defense and general welfare, as well as the Necessary and Proper Clause. The Urban Area Security Initiative grants directly support the prevention and response to acts of terrorism, a matter of national security that falls within the federal government's responsibility to protect the nation. The requirement for periodic reports to Congress is a legitimate exercise of legislative oversight, ensuring that federal funds are effectively sustaining capabilities vital to the common defense. While I am ever …
This bill is a constitutional exercise of Congress's power to provide for the common defense and general welfare, and to make all laws necessary and proper for carrying into execution the powers vested in the federal government. The requirement that FEMA report to Congress and propose financial assistance for urban security capabilities is a legitimate means of ensuring the effective use of federal funds and maintaining national security preparedness. The action does not exceed the enumerated powers of Congress, nor does it infringe upon any constitutional prohibition. As held in McCulloch v. …
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