HR 3026 Introduced – CISA Reinstatement

Last month Rep Torres (D,CA) introduced HR 3026, the Protecting America’s Cybersecurity Act. The bill would require the reinstatement of CISA employees, restrict future bulk firings, and limit the operation of DOGE within CISA. No new spending would be authorized by this legislation.

Definitions

Section 2(d) provides the definition of one term used in this bill: “political position”.

Reinstatement

Section 2(a) provides that:

“Any individual who was involuntarily removed from a position in the Cybersecurity and Infrastructure Security Agency between the period beginning on January 25, 2025, and ending on March 1, 2025 shall, at the election of such individual, be reinstated to the individual’s former position with backpay in accordance with section 5596 of title 5, United States Code.”

This would not appear to have any effect on personnel who voluntarily took the offered deferred resignation program (Fork in the Road Program).

Future Actions

Section 2(b) provides that:

“Limitations on reduction in resources.—No employee may be involuntarily removed from, or transferred to a position outside of, the Cybersecurity and Infrastructure Security Agency, and no appropriations available for the Agency may be impounded, transferred, or reprogrammed unless Congress enacts a law after the date of the enactment of this Act providing for such a removal or transfer, unless such transfer authority is specifically provided by Acts making appropriations for the Agency.”

DOGE Prohibition

Section 3 provides that:

“No Federal funds may be obligated or expended for the salary or expenses of any employee of the Department of the United States DOGE Service (commonly referred to as the “Department of Government Efficiency” or “DOGE”) or any employee of a DOGE agency team transferred, detailed, or otherwise working at the Cybersecurity and Infrastructure Security Agency.”

Moving Forward

Torres is not a member of the House Homeland Security Committee to which this bill was assigned for primary consideration (nor to either of the two other committees). This means that there is almost certainly not enough influence to see the bill considered in Committee. I do not expect that any of the Republicans in any of the three committees would be willing to go against the President on actions taken to date by DOGE.

Commentary

This is a very simple and direct piece of legislation without a great deal of political grandstanding. I am surprised that Torres has not garnered more cosponsors for the bill.

I am concerned (or would be if this bill had a chance to move forward) that Torres did not address the Fork in the Road Program. I suspect that a large portion of the CISA personnel leaving the agency have done so under this program, making the reasonable choice that that offer provided for job seeking while still collecting a pay check. The following language could be added to §2(a) to offer a return to work option for those personnel:

“(1) Personnel who accepted a delayed termination option under the OMB’s “Fork in the Road” program before February 12^th, 2025, or under similar circumstances since that date, will be allowed to voluntarily rescind that decision before their voluntary termination date;

“(2) In the event that this bill is not enacted until after the voluntary termination dates described above, personnel who accepted a delayed termination program offer will be treated as if they were involuntarily terminated for the purposes of (a).”