BIS Sends EO 13984 Malicious Cyber-Enabled Activities NPRM to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking from the DOC’s Bureau of Industry and Security (BIS) for: “Taking Additional Steps to Address the National Emergency with Respect to Significant Malicious Cyber-Enabled Activities”. This rulemaking was not listed in the Spring 2023 Unified Agenda.

This rulemaking would appear to be related to Executive Order 13984, “Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities”. While BIS is not directly mentioned in that EO with responsibilities under the EO, section 7 of the Order provides DOC broad authority “to take such actions, including the promulgation of rules and regulations, and employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order.”