[Congressional Record Volume 161, Number 126 (Wednesday, August 5, 2015)]
[Senate]
[Page S6419]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2628. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 754, to improve cybersecurity in the United States 
through enhanced sharing of information about cybersecurity threats, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. RECONSIDERATION OF PROPOSED RULE ON IMPLEMENTATION 
                   OF WASSENAAR ARRANGEMENT 2013 PLENARY 
                   AGREEMENTS RELATING TO INTRUSION AND 
                   SURVEILLANCE ITEMS.

       (a) In General.--Not later than 15 days after the date of 
     the enactment of this Act, the Secretary of Commerce shall--
       (1) review, and consider public comments received with 
     respect to, the proposed rule of the Bureau of Industry and 
     Security, entitled ``Wassenaar Arrangement 2013 Plenary 
     Agreements Implementation: Intrusion and Surveillance Items'' 
     and published on May 20, 2015 (80 Fed. Reg. 28,853); and
       (2) revise the proposed rule in accordance with subsection 
     (b).
       (b) Requirements for Revised Rule.--In revising the 
     proposed rule described in subsection (a)(1), the Secretary 
     shall--
       (1) develop the revisions in close consultation with civil 
     society organizations, including privacy advocates, public 
     and private sector technologists, security researchers, and 
     public and private sector software developers;
       (2) ensure that the proposed rule is--
       (A) limited to the scope of the agreements reached at the 
     plenary meeting of the Wassenaar Arrangement on Export 
     Controls for Conventional Arms and Dual-Use Goods and 
     Technologies in December 2013; and
       (B) consistent with the regulation of cybersecurity items 
     by other countries participating in the Wassenaar 
     Arrangement, as appropriate;
       (3) exclude cybersecurity items available for mass-market 
     purchase from regulation under the proposed rule; and
       (4) ensure that, before issuing a final rule--
       (A) the proposed rule is available for public comment for 
     not less than 60 days; and
       (B) a public hearing is held on the proposed rule.
       (c) Regulatory Impact Analysis.--
       (1) In general.--Not later than one year after issuing a 
     final rule based on the proposed rule described in subsection 
     (a)(1) and revised in accordance with subsection (b), the 
     Secretary shall conduct a regulatory impact analysis of the 
     effects of the rule on the development and export of 
     cybersecurity items.
       (2) Public availability.--The Secretary shall make the 
     analysis required by paragraph (1) available to the public.
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