Fund CISA Personnel Act of 2026

Bill Number

S. 4074

Origin Chamber

Senate

Congress

119th Congress, Session 2

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2026-03-12: Read twice and referred to the Committee on Appropriations.

Last Updated

2026-04-01T13:01:20Z

AI-Generated Summary

Purpose

The Fund CISA Personnel Act of 2026 (S. 4074) aims to provide emergency funding for the Cybersecurity and Infrastructure Security Agency (CISA) to maintain employee pay and essential operations during a potential federal government shutdown in fiscal year 2026. CISA is a U.S. Department of Homeland Security agency responsible for protecting critical infrastructure from cyber threats and other risks. This bill ensures continuity of these vital functions when broader government funding lapses.

Key Provisions

• Emergency Appropriations: Allocates necessary funds from the U.S. Treasury (not otherwise designated) to the CISA Director starting February 14, 2026, for the duration of any funding gap in fiscal year 2026. These funds cover standard employee pay, allowances (like overtime or hazard pay), benefits, and other regular payments.
• Limitations on Use: Funds can only support employees not already receiving pay from other sources during the shutdown period.
• Reimbursement Mechanism: Any spending under this act will be deducted from future regular appropriations once they are approved by Congress.
• Operating Conditions: Payments must follow the same rules, limits, and authorities as those in the Full-Year Continuing Appropriations and Extensions Act, 2025 (a prior law that extended temporary funding).
• Termination Dates: Funding ends at the earliest of:
• Enactment of new appropriations (including temporary ones) for CISA-related purposes.
• Enactment of a budget resolution or law that explicitly excludes funding for these purposes.
• September 30, 2026 (end of fiscal year 2026).
• Retroactive Start: The act applies as if it were passed on February 13, 2026, allowing immediate coverage if a shutdown occurs.

Significant Changes to Existing Law

This bill introduces targeted, agency-specific funding for CISA during shutdowns, which is not a standard feature of general continuing resolutions (temporary funding laws). It builds on the 2025 appropriations act by extending similar protections but limits them to CISA personnel and operations, rather than applying broadly across government agencies. Previously, essential employees in agencies like CISA could work without pay during shutdowns, with backpay guaranteed later; this ensures upfront funding to avoid disruptions.

Potential Impacts

• On Government Agencies: Enables CISA to sustain critical cybersecurity monitoring, threat response, and infrastructure protection without interruption, reducing risks to national security during funding lapses. Other agencies may face similar shutdown effects, but CISA gains a safety net.
• On Citizens: Indirectly benefits the public by maintaining defenses against cyber attacks and infrastructure failures (e.g., power grids, transportation), which could otherwise lead to heightened vulnerabilities or economic disruptions.
• On International Relations: Supports U.S. credibility in global cybersecurity efforts, as lapses could signal instability to allies or adversaries relying on CISA's role in international threat-sharing.

Main Stakeholders Affected

• CISA Employees: Primary beneficiaries, as they receive guaranteed pay and benefits during shutdowns, preventing financial hardship for thousands of federal workers in cybersecurity and infrastructure roles.
• Department of Homeland Security (DHS): Oversees CISA and gains operational stability, allowing focus on missions without shutdown-related delays.
• Congress and Taxpayers: Congress must later reimburse these funds through regular budgets; taxpayers fund the emergency appropriations, but it avoids broader shutdown costs like delayed services.
• Private Sector and Critical Infrastructure Operators: Businesses and utilities protected by CISA's work benefit from uninterrupted federal support against threats.

Notable Legal, Constitutional, or Political Implications

• Legal: Reinforces the Antideficiency Act (a law prohibiting spending beyond appropriations) by providing a narrow exception for essential pay, while requiring future reimbursement to maintain fiscal accountability. The retroactive effective date ensures seamless coverage but could face challenges if enacted post-shutdown.
• Constitutional: Aligns with Congress's power of the purse (Article I, Section 9) by authorizing specific spending during emergencies, without infringing on executive branch operations.
• Political: Highlights bipartisan priority on cybersecurity amid frequent shutdown threats, potentially setting a precedent for agency-specific "shutdown insurance" in future budgets. It may reduce political leverage in funding negotiations by insulating a key national security function, though critics could argue it circumvents broader fiscal discipline.

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

Sponsor

Sen. Peters, Gary C. [D-MI]

Recent Actions

• 2026-03-12: Read twice and referred to the Committee on Appropriations.
• 2026-03-12: Introduced in Senate

Bill Versions

• Fund CISA Personnel Act of 2026 — issued 2026-03-12 — PDF (4 pages)