105TH CONGRESS
AMENDMENTS TO H.R. 695
OFFERED BY MR. WELDON AND MR. DELLUMS
Strike section 3 and insert the following:
SEC 3. EXPORTS OF ENCRYPTION.
(a) EXPORT CONTROL OF ENCRYPTION PRODUCTS NOT CONTROLLED ON THE UNITED STATES MUNITIONS LISTS.-- The Secretary of Commerce, with the concurrence of the Secretary of Defense, shall have the authority to control the export of encryption products not controlled on the United States Munitions List. Decisions made by the Secretary of Commerce with the concurrence of the Secretary of Defense with respect to exports of encryption products under this section shall not be subject to judicial review.
(b) LICENSE EXCEPTION FOR CERTAIN ENCRYPTION PRODUCTS.--Encryption products with encryption strength equal to or less than the level identified in subsection (d) shall be eligible for export under a license exception after a 1-time review, if the encryption product being exported does not include features that would otherwise require licensing under applicable regulations, is not destined for countries, end-users, or end-users that the Secretary of Commerce has determined by regulation, with the concurrence of the Secretary of Defense, are ineligible to receive such products, and is otherwise qualified for export.
(c) ONE-TIME PRODUCT REVIEW.--The Secretary of Commerce, with the concurrence of the Secretary of Defense, shall specify the information that must be submitted for the 1-time review referred to in subsection (b).
(d) ELIGIBLE ENCRYPTION LEVELS.-
(1) INITIAL ELIGIBILITY LEVEL.-- Not later than 30 days after the date of the enactment of this Act, the President shall notify the Congress of the maximum level of encryption strength that could be exported from the United States under license exception pursuant to this section without harm to the national security of the United Sates. Such level shall not become effective until 60 days after such notification.
(2) ANNUAL REVIEW OF ELIGIBILITY LEVEL.--Not later than 1 year after notifying the Congress of the maximum level of encryption strength under paragraph (1), and annually thereafter, the President shall notify the Congress of the maximum level of encryption strength that could be exported from the United States under license exception pursuant to this section without harm to the national security of the United States. Such level shall not become effective until 60 days after such notifications.
(3) CALCULATION OF 60-DAY PERIOD.--The 60-day period referred to in paragraphs (1) and (2) shall be computed by excluding-
(A) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die; and
(B) each Saturday and Sunday, not excluded under subparagraph (A), when either House is not in session
(e)EXERCISE OF EXISTING AUTHORITIES.-- The Secretary of Commerce
and the Secretary of Defense may exercise the authorities they
have under other provisions of law to carry out this section
Amend the title so as to read: "A bill to amend title 18,
United States Code, to affirm the rights of United States persons
to use and sell encryption."