Values for America · Brief for congressional offices
To the office of U.S. Representative Dale W. Strong
Voluntary Agroterrorism Preparedness Exercise with Cost Cap and Sunset
The measure, as described from the official record: 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.
The proposal
Operative provisions (VFA proposal)
- effective date
- Enactment, with the exercise to occur within four years and the after-action report due within 180 days after the exercise
- enforcement mechanism
- No civil or criminal penalties; participation by nonfederal entities is voluntary, and DHS reports results and legislative recommendations to Congress for further action
- funding amount
- Cap of $8 million total from existing DHS preparedness funds, no new appropriation
- funding source
- Existing Department of Homeland Security preparedness and exercise funds, with no new taxes or fees
- oversight body
- Department of Homeland Security, with review by the DHS Inspector General and reporting to Congress
- sunset years
- 5 years
Constitutional basis
- Article I, Section 8, Clause 3
- Article I, Section 8, Clause 18
- Tenth Amendment
- Fifth Amendment Due Process
Concerns with the measure as written:
- A broad federal exercise requirement could reach purely intrastate farm and food activity beyond interstate commerce unless tied to national security and interstate food systems.
- Private food and agriculture firms have liberty and property interests; coordination must remain voluntary with due process safeguards for any information sharing.
Why both sides can back it (VFA’s assessment)
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.
Strongest objection, and the answer: The strongest objection is that a federal farm exercise could reach into local farms and force private firms to take part. This proposal answers that objection directly: no farm, plant, or firm would face penalties for declining, and no new inspection or reporting mandate would be created.
Check before relying on this
Basis: The Congress.gov summary of H.R. 9394 states the bill would require DHS within four years to conduct an agroterrorism exercise involving transport and deployment of a biological agent, address public-private coordination, and submit an after-action report to Congress within 180 days with findings, lessons learned, and legislative recommendations.
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.
Values for America is a nonpartisan, constitution-first SI think tank. This brief is informational. It is a policy proposal, not law, and it does not support or oppose any candidate or party. Full analysis and sources: https://www.valuesforamerica.com/solutions/448 · Methodology: https://www.valuesforamerica.com/methodology