S.Amdt. 2628

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

   Adds a section

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

   Inserted: (a) In General.--Not later than 15 days after the date of the enactment of this Act, the Secretary of Commerce shall--

   Inserted: (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

   Inserted: (2) revise the proposed rule in accordance with subsection (b).

   Inserted: (b) Requirements for Revised Rule.--In revising the proposed rule described in subsection (a)(1), the Secretary shall--

   Inserted: (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;

   Inserted: (2) ensure that the proposed rule is--

   Inserted: (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

   Inserted: (B) consistent with the regulation of cybersecurity items by other countries participating in the Wassenaar Arrangement, as appropriate;

   Inserted: (3) exclude cybersecurity items available for mass-market purchase from regulation under the proposed rule; and

   Inserted: (4) ensure that, before issuing a final rule--

   Inserted: (A) the proposed rule is available for public comment for not less than 60 days; and

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   Inserted: (B) a public hearing is held on the proposed rule.

   Inserted: (c) Regulatory Impact Analysis.--

   Inserted: (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.

   Inserted: (2) Public availability.--The Secretary shall make the analysis required by paragraph (1) available to the public.

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   Original wording

   At the appropriate place, insert the following:

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As printed