Bill Summary & Status for the 105th Congress


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H.R.695

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

TITLE(S):

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):

AMENDMENT(S):

***NONE***

SUBJECT(S):

165 COSPONSORS:

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.