H.R.3026 - Protecting America’s Cybersecurity Act (119th Congress)
Summary
H.R. 3026, the "Protecting America's Cybersecurity Act," aims to reinstate employees removed from the Cybersecurity and Infrastructure Security Agency (CISA) between January 25, 2025, and March 1, 2025. It also seeks to limit future removals and prohibit employees of the Department of the United States DOGE Service from working at CISA. The bill includes exceptions for individuals removed for misconduct, poor performance, or those in political positions.
Expected Effects
The bill would likely stabilize the CISA workforce by preventing politically motivated removals and ensuring experienced personnel are retained. This could lead to improved cybersecurity efforts and a more secure national infrastructure. However, it might also create challenges in removing underperforming employees who do not fall under the specified exceptions.
Potential Benefits
- Reinstatement of experienced cybersecurity professionals.
- Protection against politically motivated personnel changes at CISA.
- Enhanced stability and expertise within CISA.
- Improved cybersecurity for critical infrastructure.
- Clearer guidelines for employee removal, promoting fairness.
Potential Disadvantages
- Potential difficulty in removing underperforming employees not covered by exceptions.
- Possible inflexibility in staffing adjustments to address evolving threats.
- Risk of creating a sense of entitlement among CISA employees.
- Limitations on the executive branch's ability to manage personnel effectively.
- Potential for legal challenges regarding employee removal processes.
Constitutional Alignment
The bill's provisions regarding employee reinstatement and limitations on removal could be viewed through the lens of separation of powers, as it restricts the executive branch's authority over personnel management. Congress's power to legislate and oversee government agencies is derived from Article I, Section 8, which grants it the power to make laws necessary and proper for carrying out its enumerated powers. However, the President's authority to appoint and remove executive officials, as implied by Article II, could be seen as being infringed upon. The exceptions for misconduct and poor performance attempt to balance these concerns.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).