105TH CONGRESS
Offered by Congressman Ben Gilman (R-NY)
In section 17 (g) of the export Administration Act of 1979, as added by section 3 of the bill, redesignate paragraph (5) as paragraph (6) and insert after paragraph (4) the following:
"(5) National Security Exception.-Notwithstanding any other provision of subsection, the President shall have the authority to regulate, including through the approval or denial of licenses or other means deemed appropriate, the export or reexport of encryption items, including hardware and software with encryption capabilities, if the President finds that the export of such items would adversely affect the national security. National security shall include, but not be limited to , the ability of law enforcement agencies, including Federal, State and local agencies, to combat espionage, terrorism, illicit drugs, kidnapping, or other criminal acts, or otherwise would involve the potential for loss of human life"