H.R. 9394 explained · 119th Congress · Pending in Congress
Civil Preparedness for Agroterrorism Exercise Act of 2026
Cosponsors: 1 (1 D, 0 R) · per Congress.gov, 2026-10-14
Introduced: 2026-06-23
Latest action (2026-09-16): Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
What H.R. 9394 does, in plain terms
Civil Preparedness for Agroterrorism Exercise Act of 2026 This bill requires the Department of Homeland Security (DHS), within four years after the bill’s enactment, to conduct an exercise to enhance collective domestic prevention, response, and recovery regarding acts of agroterrorism (i.e., terrorism targeting or threatening agriculture and food systems of vital importance to national security, public health, or safety). The scenario in the exercise must involve agroterrorists transporting and deploying in the United States a biological agent (e.g., microorganism or infectious substance) capable of harming critical agriculture and food operations and must address how relevant public and private entities can coordinate to develop preparedness and mitigate widespread disruption. Within 180 days after completion of the exercise, DHS must submit to Congress an after-action report including the findings of the exercise, plans for incorporating lessons learned into future operations, and recommended legislative actions.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-14
SI-generated grade · five published checks · not individually reviewed by a person · methodology
This bill directs the Department of Homeland Security to conduct an exercise and report to Congress on agroterrorism preparedness. It does not expand federal regulatory authority, restrict individual rights, or take property. The action falls within Congress's enumerated power to provide for the common defense and regulate interstate commerce, and it imposes no burden on individuals or states beyond voluntary participation in an exercise.
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✓ Passes · Enumerated powers
Congress has authority under Article I, Section 8, Clause 1 (provide for the common defense) and Clause 3 (regulate interstate commerce) to direct DHS to conduct exercises addressing threats to agriculture and food systems, which are integral to national security and interstate commerce. The bill does not exceed these enumerated powers. -
✓ Passes · Bill of Rights
The bill does not regulate speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment. It merely mandates an exercise and a report. No provision infringes any of the first ten amendments. -
✓ Passes · Individual sovereignty
The bill imposes no restrictions on individual conduct, property, speech, labor, or belief. It directs government agencies to conduct an exercise and report findings. No individual is compelled to act or refrain from acting. The burden of justification is not triggered because no restriction exists. -
✓ Passes · Decentralization
The exercise involves coordination among public and private entities, but the bill does not mandate state or local participation or preempt state law. It passes all four questions: (1) individuals cannot handle national agroterrorism preparedness alone; (2) local communities cannot handle a nationwide biological threat; (3) states could theoretically coordinate, but the threat crosses state lines … -
✓ 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 imposes no penalties, fines, or seizures. The after-action report may recommend legislative actions, but those would require separate enactment with full due process.
Sources: Congress.gov: HR 9394 summary
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What should pass
“VFA SI Solution”
SI-generated · passed automated checks (Constitution citation, source verification, independent SI critic) · not individually reviewed by a person · Report an error: hello@valuesforamerica.com
Voluntary Agroterrorism Preparedness Exercise with Cost Cap and Sunset
Generated by VFA SI Solutions
Strengthen national readiness to prevent, respond to, and recover from terrorism aimed at agriculture and food systems that are vital to public health and safety.
Bipartisan rationale: VFA assesses this draft honors Democratic priorities for public health protection, food system resilience, and support for farm communities facing disruption. It honors Republican priorities for national security, limited federal spending with a clear cap and sunset, state leadership, and protection of private farm and food firms from new federal mandates.
Possible legislative path: House and Senate members focused on farm security and disaster readiness may support it, while members concerned about DHS spending and federal reach into farming may seek the cap, voluntary design, and sunset as conditions.
Source limits: The full bill text and current law were not reviewed, so existing DHS exercise authority, current eligibility rules, cost effects, privacy and information-sharing rules, appeal rights, and any statutory conflicts remain unverified and should be checked at the official Congress.gov bill page before action.
Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Amendment X Amendment V
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