Bill Summary & Status for the 105th Congress

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H.R.695

SPONSOR: Rep Goodlatte, (introduced 02/12/97)

TITLE(S):

- SHORT TITLE(S) AS INTRODUCED:

  Security and Freedom Through Encryption (SAFE) Act

- SHORT TITLE(S) AS REPORTED TO HOUSE:

  Security and Freedom Through Encryption (SAFE) Act

- OFFICIAL TITLE AS INTRODUCED:

  A bill to amend title 18, United States Code, to affirm the rights of U.S. persons to use and sell encryption and to relax export controls on encryption.

STATUS: Floor Actions

06/26/97 Referred jointly to House Permanent Select Committee on Intelligence (CR H4834)
06/26/97 Referred jointly to House Committees on Commerce; and National Security (CR H4834)
05/22/97 Reported to House from the Committee on the Judiciary, amended, H. Rept. 105-108 (Part I) (5/30/97 CR H3213)

STATUS: Detailed Legislative History

####
House Action(s)

Feb 12, 97:
  Referred to the Committee on the Judiciary, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Mar 3, 97:
  Referred to the Subcommittee on International Economic Policy and Trade.
Jun 24, 97:
  Subcommittee Consideration and Mark-up Session Held.
Jun 24, 97:
  Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Feb 12, 97:
  Referred to the Committee on the Judiciary, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Mar 5, 97:
  Referred to the Subcommittee on Courts and Intellectual Property.
Mar 20, 97:
  Subcommittee Hearings Held.
Apr 30, 97:
  Subcommittee Consideration and Mark-up Session Held.
Apr 30, 97:
  Forwarded by Subcommittee to Full Committee by Voice Vote.
May 14, 97:
  Committee Consideration and Mark-up Session Held.
May 14, 97:
  Ordered to be Reported (Amended) by Voice Vote.
May 22, 97:
  Reported to House (Amended) by House Committee on Judiciary. H. Rept. 105-108, Part I.
Jun 26, 97:
  Referred jointly and sequentially to the House Committee on National Security for a period ending not later than Sept. 5, 1997 for consideration of such provisions of the bill and amendment reported by the Committee on the Judiciary as fall within the jurisdiction of that commitee pursuant to clause 1(k), rule X.
  Referred jointly and sequentially to the House Committee on Commerce for a period ending not later than Sept. 5, 1997 for consideration of such provisions of the bill and amendment reported by the Committee on the Judiciary as fall within the jurisdiction of that commitee pursuant to clause 1(e), rule X.
  Referred jointly and sequentially to the House Committee on Intelligence (Permanent Select) for a period ending not later than Sept. 5, 1997 for consideration of such provisions of the bill and amendment reported by the Committee on the Judiciary as fall within the jurisdiction of that committee pursuant to rule XLVIII.

STATUS: Congressional Record Page References

02/12/97 Introductory remarks on Measure (CR E245-246)
02/12/97 Full text of Measure as introduced printed (CR E246-247)

COMMITTEE(S):

- COMMITTEE(S) OF REFERRAL:

  House Judiciary
  House International Relations
  House Commerce
  House National Security
  House Intelligence

- COMMITTEE(S) REPORTING:

  House Judiciary

- SUBCOMMITTEE(S):

  Hsc International Economic Policy and Trade
  Hsc Courts and Intellectual Property
  Hsc Telecommunications, Trade and Consumer Protection

AMENDMENT(S):

***NONE***

SUBJECT(S):

- INDEX TERMS:

  Criminal justice
  Armed forces
  Business
  Computer crimes
  Computer security measures
  Computer software
  Computers
  Congress
  Congressional reporting requirements
  Criminal investigation
  Cryptography
  Defense policy
  Export controls
  Fines (Penalties)
  Foreign banks and banking
  Foreign policy
  Government information
  Government paperwork
  Intelligence activities
  International affairs
  International finance
  Interstate commerce
  Law
  Law enforcement
  Licenses
  Obstruction of justice
  Security classification (Government documents)
  Technology
  Technology transfer
  Terrorism
  Trade
  Transportation

165 COSPONSORS:

- Rep Lofgren - 02/12/97
  Rep DeLay - 02/12/97
  Rep Boehner - 02/12/97
  Rep Coble - 02/12/97
  Rep Sensenbrenner - 02/12/97
  Rep Bono - 02/12/97
  Rep Pease - 02/12/97
  Rep Cannon - 02/12/97
  Rep Conyers - 02/12/97
  Rep Boucher - 02/12/97
  Rep Gekas - 02/12/97
  Rep Smith, Lamar - 02/12/97
  Rep Inglis - 02/12/97
  Rep Bryant, E. - 02/12/97
  Rep Chabot - 02/12/97
  Rep Barr - 02/12/97
  Rep Jackson-Lee - 02/12/97
  Rep Waters - 02/12/97
  Rep Ackerman - 02/12/97
  Rep Baker, R. - 02/12/97
  Rep Bartlett - 02/12/97
  Rep Campbell - 02/12/97
  Rep Chambliss - 02/12/97
  Rep Cunningham - 02/12/97
  Rep Davis, T. - 02/12/97
  Rep Dickey - 02/12/97
  Rep Doolittle - 02/12/97
  Rep Ehlers - 02/12/97
  Rep Engel - 02/12/97
  Rep Eshoo - 02/12/97
  Rep Everett - 02/12/97
  Rep Ewing - 02/12/97
  Rep Farr - 02/12/97
  Rep Gejdenson - 02/12/97
  Rep Gillmor - 02/12/97
  Rep Goode - 02/12/97
  Rep Norton - 02/12/97
  Rep Horn - 02/12/97
  Rep Johnson, E. - 02/12/97(withdrawn - 05/13/97)
  Rep Johnson, S. - 02/12/97
  Rep Kolbe - 02/12/97
  Rep McIntosh - 02/12/97
  Rep McKeon - 02/12/97
  Rep Manzullo - 02/12/97
  Rep Matsui - 02/12/97
  Rep Mica - 02/12/97
  Rep Minge - 02/12/97
  Rep Moakley - 02/12/97
  Rep Nethercutt - 02/12/97
  Rep Packard - 02/12/97
  Rep Sessions - 02/12/97
  Rep Upton - 02/12/97
  Rep White - 02/12/97
  Rep Woolsey - 02/12/97
  Rep Hastings, D. - 02/26/97
  Rep Cook - 02/26/97
  Rep Fox - 02/26/97
  Rep Morella - 03/13/97
  Rep Bilbray - 03/13/97
  Rep Solomon - 03/13/97(withdrawn - 04/29/97)
  Rep Myrick - 03/13/97
  Rep DeFazio - 03/18/97
  Rep Watkins - 03/21/97
  Rep Franks, B. - 03/21/97
  Rep Martinez - 04/10/97
  Rep Shays - 04/10/97
  Rep Nadler - 04/10/97
  Rep Rothman - 04/10/97
  Rep Hostettler - 04/10/97
  Rep Faleomavaega - 04/10/97
  Rep Smith, Linda - 04/16/97
  Rep Paxon - 04/17/97
  Rep Weldon, D. - 04/17/97
  Rep Gordon - 04/24/97
  Rep Hutchinson - 04/24/97
  Rep Rivers - 04/24/97
  Rep Snowbarger - 04/24/97
  Rep Tauscher - 04/24/97
  Rep Delahunt - 05/01/97
  Rep Rohrabacher - 05/06/97
  Rep Cooksey - 05/06/97
  Rep Moran, James P. - 05/07/97
  Rep Gallegly - 05/07/97
  Rep Camp - 05/07/97
  Rep Wexler - 05/08/97
  Rep Weller - 05/08/97
  Rep Sherman - 05/15/97
  Rep Dreier - 05/15/97
  Rep Calvert - 05/15/97
  Rep Capps - 05/15/97
  Rep Linder - 05/15/97
  Rep McInnis - 05/15/97
  Rep Graham - 05/15/97
  Rep Thomas - 05/15/97
  Rep McKinney - 05/15/97
  Rep McCarthy, K. - 05/15/97
  Rep Frank - 05/15/97
  Rep Sisisky - 05/15/97
  Rep Forbes - 05/15/97
  Rep Blunt - 05/15/97
  Rep Istook - 05/15/97
  Rep Pickering - 05/15/97
  Rep Dooley - 05/16/97
  Rep Latham - 05/16/97
  Rep Cox - 05/20/97
  Rep Roemer - 05/20/97
  Rep Fazio - 05/20/97
  Rep Smith, Adam - 05/20/97
  Rep Kind - 05/20/97
  Rep Ballenger - 05/20/97
  Rep Ney - 05/20/97
  Rep Salmon - 05/20/97
  Rep Houghton - 05/21/97
  Rep McHugh - 05/21/97
  Rep Furse - 05/21/97
  Rep Hastings, Alcee - 05/22/97
  Rep Diaz-Balart - 05/22/97
  Rep King - 05/22/97
  Rep Slaughter - 05/22/97
  Rep Frost - 05/22/97
  Rep Burton - 05/22/97
  Rep Dunn - 06/04/97
  Rep Christian-Green - 06/04/97
  Rep English - 06/10/97
  Rep Lampson - 06/19/97
  Rep Brady - 06/23/97
  Rep Smith, C. - 06/23/97
  Rep Chenoweth - 06/23/97
  Rep Coburn - 06/23/97
  Rep Cubin - 06/23/97
  Rep Jones - 06/23/97
  Rep Schaffer - 06/24/97
  Rep Barton - 06/24/97
  Rep Largent - 06/24/97
  Rep Clement - 06/24/97
  Rep Hilliard - 06/24/97
  Rep Luther - 06/24/97
  Rep Crapo - 06/25/97
  Rep Rogan - 06/25/97
  Rep Andrews - 06/25/97
  Rep Bonilla - 06/26/97
  Rep Ros-Lehtinen - 06/26/97
  Rep Gutknecht - 07/09/97
  Rep Hayworth - 07/09/97
  Rep Bunning - 07/09/97
  Rep Sununu - 07/09/97
  Rep Scarborough - 07/09/97
  Rep Neumann - 07/09/97
  Rep Sanford - 07/09/97
  Rep Norwood - 07/09/97
  Rep Pryce - 07/10/97
  Rep Lewis, R. - 07/10/97
  Rep Kasich - 07/10/97
  Rep Archer - 07/10/97
  Rep Hansen - 07/10/97
  Rep Herger - 07/10/97
  Rep Riley - 07/10/97
  Rep Hill - 07/10/97
  Rep Tauzin - 07/10/97
  Rep Moran, Jerry - 07/10/97
  Rep Burr - 07/10/97
  Rep Blumenauer - 07/10/97
  Rep Pomeroy - 07/10/97
  Rep Riggs - 07/10/97
  Rep Kingston - 07/10/97
  Rep Miller, G. - 07/11/97
  Rep Duncan - 07/11/97

DIGEST:

(REVISED AS OF 05/22/97 -- Reported to House, amended, Part I)

Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State and any U.S. person in a foreign country to use, and any person within any State to sell in interstate commerce, any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used. Makes an exception for and prohibits knowingly and willfully encrypting incriminating communications or information relating to commission of a felony to conceal such information from law enforcement agencies.

Specifies that no person in lawful possession of a key to encrypted communications or information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes.

(Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use.

Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities, that is generally available as is and that is designed for installation by the purchaser or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section.

Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end use, or reexported without any authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.

(Sec. 4) Directs the Attorney General to compile, maintain in classified form, and make available to any Member of Congress, upon request, data on the instances in which encryption has interfered with, impeded, or obstructed the ability of the Department of Justice to enforce the U.S. criminal laws.