Protecting America’s Cybersecurity Act

Bill Number

H.R. 3026

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Science, Technology, Communications

Status

Introduced

Latest Action

2025-04-24: Referred to the Subcommittee on Cybersecurity and Infrastructure Protection.

Last Updated

2025-05-22T16:30:35Z

AI-Generated Summary

Purpose

The "Protecting America's Cybersecurity Act" (H.R. 3026) aims to protect the workforce and resources of the Cybersecurity and Infrastructure Security Agency (CISA), an agency within the Department of Homeland Security responsible for defending critical infrastructure from cyber threats. It seeks to reverse specific employee removals, restrict future involuntary staff reductions without congressional approval, and prevent involvement by personnel from the Department of the United States DOGE Service (commonly known as the "Department of Government Efficiency" or DOGE).

Key Provisions

• Reinstatement of Removed Employees: Any individual involuntarily removed from a CISA position between January 25, 2025, and March 1, 2025, can choose to be reinstated to their former role, including backpay as outlined in federal law (5 U.S.C. § 5596). Exceptions apply to those in political positions, removed for misconduct or poor performance (e.g., an "unacceptable" or below "fully successful" rating in their latest review).
• Limits on Employee Removals and Transfers: After enactment, no CISA employee can be involuntarily removed or transferred outside the agency, and no agency funds can be withheld, moved, or redirected without a new law passed by Congress. This does not apply to political positions. "Political position" is defined as high-level executive roles (e.g., Executive Schedule positions), non-career Senior Executive Service roles, or confidential/policy positions under federal regulations.
• Prohibition on DOGE Personnel: No federal funds can pay for the salary or expenses of DOGE employees or DOGE agency team members who are transferred, detailed (temporarily assigned), or otherwise working at CISA.

Significant Changes to Existing Law

This bill introduces new congressional oversight requirements for CISA staffing and budgeting, which were not previously mandated in such a targeted way. It overrides executive branch authority to remove or transfer non-political employees without legislative approval, effectively limiting the president's or agency heads' discretion over personnel decisions in this specific agency. It also adds a funding restriction on inter-agency collaborations involving DOGE, which could alter how efficiency or reform initiatives interact with cybersecurity operations.

Potential Impacts

• On Government Agencies: Strengthens CISA's operational stability by protecting its workforce and budget from unilateral executive actions, potentially improving continuity in cybersecurity defenses. It could strain relations between DHS/CISA and other executive entities like DOGE, limiting cross-agency support for efficiency reforms.
• On Citizens: Enhances national cybersecurity by ensuring experienced personnel remain in place, reducing risks to critical infrastructure (e.g., power grids, elections) from cyber threats. However, it might slow administrative reforms aimed at reducing government waste.
• On International Relations: Indirectly bolsters U.S. cyber posture, which could improve confidence among allies in joint cyber defense efforts, but no direct international provisions are included.

Main Stakeholders Affected

• CISA Employees: Gain reinstatement options and job security, except for those in political or underperforming roles.
• Department of Homeland Security (DHS) and CISA Leadership: Face restrictions on staffing changes, requiring congressional involvement for reductions.
• Congress: Assumes greater control over CISA resources, enhancing its role in oversight.
• DOGE and Executive Branch Officials: Prohibited from placing personnel in CISA, potentially hindering government-wide efficiency initiatives.
• Taxpayers and General Public: Affected through sustained cybersecurity protections funded by federal budgets.

Notable Legal, Constitutional, or Political Implications

• Legal: Reinforces federal personnel laws (e.g., Title 5 protections) by mandating backpay and limiting removals, but exceptions for political roles align with existing civil service distinctions to avoid First Amendment challenges related to political appointees.
• Constitutional: Raises separation of powers questions by curbing executive authority over agency operations, potentially viewed as Congress asserting checks on the president—especially if tied to specific post-inauguration actions in 2025. It could face legal challenges if seen as unduly interfering with executive management.
• Political: Targets a narrow timeframe for reinstatements, suggesting a response to anticipated or hypothetical executive overhauls (e.g., mass firings), which could polarize debates on government efficiency versus agency independence. Referred to multiple committees (Homeland Security, Oversight and Government Reform, Energy and Commerce), indicating broad jurisdictional interest.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Torres, Norma J. [D-CA-35]

Recent Actions

• 2025-04-24: Referred to the Subcommittee on Cybersecurity and Infrastructure Protection.
• 2025-04-24: Referred to the Committee on Homeland Security, and in addition to the Committees on Oversight and Government Reform, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-04-24: Referred to the Committee on Homeland Security, and in addition to the Committees on Oversight and Government Reform, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-04-24: Referred to the Committee on Homeland Security, and in addition to the Committees on Oversight and Government Reform, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-04-24: Introduced in House
• 2025-04-24: Introduced in House

Bill Versions

• Protecting America’s Cybersecurity Act — issued 2025-04-24 — PDF (3 pages)