; and (B) may be in the form of different grades that display the extent to which a covered product meets the industry-leading cybersecurity and data security benchmarks. (b) Consultation Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a process for consulting interested parties, the Secretary of Health and Human Services, the Commissioner of Food and Drugs, the Secretary of Homeland Security, and the heads of other Federal agencies in carrying out the Cyber Shield program. (c) Duties In carrying out the Cyber Shield program, the Secretary— (1) shall— (A) by convening and consulting interested parties and the heads of other Federal agencies, establish and maintain cybersecurity and data security benchmarks for covered products with the Cyber Shield label to ensure that those covered products perform better than counterparts of those covered products that do not have the Cyber Shield label; 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, with respect to each such subset— (I) any cybersecurity and data security risk relating to covered products in the subset; (II) the sensitivity of the information collected, transmitted, or stored by covered products in the subset; (III) the functionality of covered products in the subset; (IV) the security practices and testing procedures used in developing and manufacturing covered products in the subset; (V) the level of expertise, qualifications, and professional accreditation of the staff employed by the manufacturers of covered products in the subset who are responsible for cybersecurity of the covered products; and (VI) any other criteria the Advisory Committee and Secretary determine is necessary and appropriate