Homeland Security Capabilities Preservation Reporting Act of 2026

Enumerated powers · passes

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 private conduct or commandeer state governments.

Bill of Rights · passes

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.

Individual liberty · passes

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.

Decentralization · passes

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 terrorism threats without federal support, (3) states could handle some aspects but the program is designed for high-risk urban areas across state lines, and (4) the bill does not consolidate decision-making beyond the existing federal grant framework.

Due process and takings · passes

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.