Civil Preparedness for Agroterrorism Exercise Act of 2026

Enumerated powers · passes

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.

Bill of Rights · passes

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.

Individual liberty · passes

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.

Decentralization · passes

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 and involves federal assets; (4) the action does not consolidate decision-making upward beyond necessity—it merely directs a federal exercise and report, leaving states and localities free to act independently.

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 imposes no penalties, fines, or seizures. The after-action report may recommend legislative actions, but those would require separate enactment with full due process.