Review – S 2354 Introduced – FY 2026 CJS Spending

Back in July Sen Moran (R,KS) introduced S 2354, the Commerce, Justice, Science, and Related Agencies (CJS) Appropriations Act, 2026. The Senate Appropriations Committee published their Report on the bill. The bill includes two cybersecurity mentions. The Report includes a significant number of cybersecurity mentions and earmarks, as well as one UAS discussion.

This bill is similar to S 4795, the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2025, that was reported in the Senate on July 25^th, 2025. No further action was taken on that bill in the 118^th Congress, or on its House counterpart HR 9026.

Moving Forward

The plan in the House currently appears to be to add the language of S 2354 to the substitute language for the consideration of HR 4016, the Department of Defense Appropriations Act, 2026. The Senate has not yet held their first cloture vote that would allow actual debate to begin on the bill. This probably signifies that there is still some backroom dealing going on to determine the broad outline of what will end up in the Senate version of the bill. Then further dealing with determine what further amendments will be considered on the floor.

Right now, SA 3951 from Sen Collins (Chair of the Appropriations Committee) is the current candidate for the substitute language to be considered, and it includes the language from S 2354. But a lot can happen in the short legislative month of December.

 

For more information on the cyber and UAS provisions of this bill, including cyber earmarks, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-2354-introduced-fy-2026-cjs-spending - subscription required.

Bills Introduced – 7-26-24

Yesterday, with both the House and Senate in Washington (and the House preparing to leave for their summer recess a week early) there were 109 bills introduced. Five of those bills will receive additional attention in this blog:

S 4795 An original bill making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2025, and for other purposes. Shaheen, Jeanne [Sen.-D-NH]

S 4796 An original bill making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2025, and for other purposes. Schatz, Brian [Sen.-D-HI]

S 4797 An original bill making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2025, and for other purposes. Coons, Christopher A. [Sen.-D-DE]

S 4802 An original bill making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2025, and for other purposes. Merkley, Jeff [Sen.-D-OR] 

S 4813 A bill to establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity. Rosen, Jacky [Sen.-D-NV] 

S 4795 Introduced – Cyber Sense Program

Last month Sen Rosen (D,NV) introduced S 4795, the Cyber Sense Act of 2020. This bill is very similar to HR 360 that passed in the House days before this bill was introduced. The bill would require DOE to establish “a voluntary Cyber Sense program to identify and promote cyber-secure products intended for use in the bulk-power system” {§2(b)}.

Differences Between S 4795 and HR 360

The essential components of the ‘Cyber Sense Program’ are the same in the two bills. The differences are structural (S 4795 includes a definitions sub-section {§2(a)} and editorial (HR 360 makes multiple references to the ‘Cyber Sense Program’ where S 4795 makes reference to ‘the program’). These are common stylistic differences frequently seen in House and Senate language.

Moving Forward

Rosen is not a member of the Senate Energy and Natural Resources Committee to which this bill was assigned for consideration, but her three cosponsors {Sen Hoven (R,ND), Sen King (I,NH), and Sen Risch (R,ID)} are members of that Committee. If this bill had been introduced earlier in the session there would be a good chance that the bill would be considered in Committee and adopted with bipartisan support. There probably is not enough time remaining in the session for this to happen.

Given the fact that HR 360 passed in the House by a voice vote, there remains a good chance that the Senate could directly take up this bill under the unanimous consent process, but I am not sure why they would want to take up this bill rather than HR 360. If S 4795 were passed, it would have to go back to the House for an additional vote (where it would almost certainly pass) but passing HR 360 would avoid having to take that extra step. It is probably a toss up for which would be considered.

Commentary

My two objections to the language of HR 360 also apply to this bill. The information protection language in both bills would allow vendors to continue to sell vulnerable devices without notification and it would probably stop researchers from reporting vulnerabilities to the program instead of CISA NCCIC-ICS. The bigger problem continues to be the lack of specific funding authorization in either bill. This would mean that the DOE would have to fund this program with existing monies, taking money from other programs.

Bills Introduced – 10-1-20

Yesterday, with both the House and Senate in session (an unusual October session in an election year), there were 67 bills introduced. One of those bills will receive additional coverage in this blog:

S 4795 A bill to require the Secretary of Energy to establish a voluntary Cyber Sense program to test the cybersecurity of products and technologies intended for use in the bulk-power system, and for other purposes. Sen. Rosen, Jacky [D-NV] 

It is unusual for this bill to be introduced this late in the session when the House just passed their version of the bill this week. It will be interesting to see what the differences are between this bill and HR 360.