; and (B) in carrying out subparagraph (A)— (i) engage in an open public review and comment process; (ii) in consultation with the Advisory Committee, identify and apply cybersecurity and data security benchmarks to different subsets of covered products based on— (I) cybersecurity and data security risk; (II) the sensitivity of the information collected, transmitted, or stored by the product; and (III) product functionality; and (iii) to the extent possible, incorporate existing benchmarks when establishing and maintaining cybersecurity and data security benchmarks; (2) may not establish benchmarks under paragraph (1) that are— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; or (B) unsupported by evidence; (3) shall permit a manufacturer or distributor of a covered product to display a Cyber Shield label reflecting the extent to which the product meets the industry-leading cybersecurity and data security benchmarks established under paragraph (1); (4) shall promote technologies that are compliant with the cybersecurity and data security benchmarks established by the Secretary as the preferred technologies in the marketplace for— (A) enhancing cybersecurity; and (B) protecting data; (5) shall work to enhance public awareness of the Cyber Shield label, including through public outreach, education, research and development, and other means; (6) shall preserve the integrity of the Cyber Shield label; (7) if helpful in fulfilling the obligation under paragraph (6), may elect to not treat a covered product as a Cyber Shield-certified product until the product meets appropriate conformity standards, which may include— (A) testing by an accredited third-party certifying laboratory or other entity in accordance with the Cyber Shield program; and (B) certification by the laboratory or entity described in subparagraph (A) as meeting the applicable cybersecurity and data security benchmarks established by the Secretary