Passed
400 Yea7 Nay23 Not voting2/3 required
HR-3106-119
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Sponsored by Timothy Kennedy (D-NY)
What it does
This bill would require the Secretary of Homeland Security to develop and conduct a terrorism response exercise specifically focused on how a terrorist attack on critical infrastructure — such as power grids, water systems, or communications networks — could interact with and worsen the effects of an extreme cold weather event (e.g., a polar vortex). The exercise must address cascading infrastructure failures, coordination among federal, state, local, tribal, and territorial agencies, and engagement with private sector and community stakeholders. Within 60 days of completing the exercise, DHS would be required to submit an after-action report to the House and Senate Homeland Security committees detailing findings, lessons learned, and any proposed legislative changes.
Who benefits
Residents of northern and cold-weather states who are most vulnerable to combined terrorism and extreme cold events. Emergency managers at the federal, state, local, tribal, and territorial levels who would gain clearer protocols and coordination frameworks. Private sector operators of critical infrastructure (utilities, water systems, communications companies) who would participate in and benefit from improved coordination plans. First responders who would receive better-defined guidance. Congressional oversight committees that would receive a formal after-action report. Indirectly, any community dependent on critical infrastructure during winter emergencies.
Who is hurt
DHS and participating agencies would bear the administrative and personnel costs of designing and running the exercise, potentially diverting staff time from other preparedness activities. State and local agencies required to participate may face unfunded coordination burdens. Private sector stakeholders asked to participate may incur costs without direct compensation. There are no direct regulatory burdens or restrictions imposed on any group.
Supporters argue
Supporters argue that the February 2021 Texas winter storm — which killed over 200 people and caused an estimated $195 billion in damages — demonstrated how extreme cold can cascade into catastrophic infrastructure failures even without a terrorist attack. They contend that combining a deliberate attack scenario with a severe weather backdrop tests a realistic and underexplored vulnerability, and that the bipartisan 30-0 committee vote reflects broad consensus that this preparedness gap needs to be addressed through structured, coordinated exercises.
Opponents argue
Opponents argue that DHS already operates extensive exercise programs — including the National Exercise Program and the Homeland Security Exercise and Evaluation Program — and that mandating a specific additional exercise adds bureaucratic overhead without guaranteeing meaningful new preparedness gains. They contend that the bill's requirement for a single exercise and a 60-day report may produce a compliance-focused output rather than a genuinely transformative shift in readiness, and that Congress could more effectively address infrastructure resilience through direct funding for hardening critical systems rather than through another planning exercise.
Constitutional context
No significant constitutional tension exists here. Congress has broad authority under Article I, Section 8 to provide for the common defense and to direct executive branch agencies through legislation. Requiring DHS to conduct an exercise and report back to Congress is a straightforward exercise of congressional oversight authority, consistent with the Take Care Clause (Art. II, §3) framework under which the executive implements congressional directives.
Checks and balances
Congress gains a formal oversight mechanism through the mandated after-action report; DHS (executive branch) gains operational discretion in designing and conducting the exercise, subject to the statutory scenario requirements.
Historical precedent
Congress has previously mandated specific DHS exercises and after-action reports, including requirements under the Post-Katrina Emergency Management Reform Act of 2006, which directed FEMA to conduct national-level exercises simulating catastrophic disaster scenarios.
Passed