The amendments to the SAFE bill offered at the International Relations
Committee on July 13 included:
- Drug trafficking consultation
The Committee adopted an amendment sponsored by Chairman Gilman, as
narrowed by Rep. Gejdensen, that would require that the Attorney General,
the FBI Director and the DEA Administrator be consulted in the review of
all exports of encryption products to "any major drug-transit country or
major illicit drug producing country."
- "Generally available"
An amendment sponsored by Rep. Berman making a slight change to the
definition of "generally available" encryption products was adopted.
- Maintaining other grounds for export control
The Committee adopted an amendment sponsored by Chairman Gilman that would
ensure the Secretary of Commerce retains the power to control the export of
an encryption product for any reason other than its encryption capabilities.
- Thirty day review
Another amendment that was adopted would extend the technical review period
for encryption products to 30 days from the 15 days in the original bill.
- Specific denials
Adopted after the Committe accepted a narrowing change proposed by Rep.
Gejdensen, this amendment (an en bloc amendment combining four separate
amendments) would allow the Secretary to ban the export of specific
encryption products to an individual, entity or country if there is
"credible evidence" that such products will be used: for military,
terrorist, or criminal use; to facilitate the import of illegal drugs into
the US; in the manufacture or proliferation of weapons of mass destruction;
or in connection with the sexual exploitation of children, and also would
ban export to the People's Republic of China and the Chinese military.
- Government requiring contractors to use key-recovery
The Committee adopted an amendment offered by Rep.
Berman to allow the government to require the use of key recovery by
non-governmental contractors that are assisting national security or law
enforcement activities. A similar, although broader, amendment was approved
by the Commerce Committee.
- Credible evidence
The Committee adopted an amendment lowering the bill's standard for denial
of export relief from "substantial evidence" to "credible evidence."
- Enforcement of multilateral export control regimes
An amendment sponsored by Rep. Berman that would have restricted encryption exports
under multilateral agreements (e.g., Wassenaar) was defeated by a 15-22 vote.