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-
- 103D CONGRESS H.R. 3627
- 1ST SESSION
-
- ---------------------------------------
-
- IN THE HOUSE OF REPRESENTATIVES
-
- MS. CANTWELL (for herself and ___) introduced the following bill which
- was referred to the Committee on __________.
-
-
- ---------------------------------------
-
- A BILL
-
- To amend the Export Administration Act of 1979 with
- respect to the control of computers and related equipment.
-
-
- Be it enacted by the Senate and House of Representa-
- tives of the United States of America in Congress Assembled,
- SECTION 1. GENERALLY AVAILABLE SOFTWARE
- Section 17 of the Export Administration Act of 1979
- (50 U.S.C. App. 2416) is amended by adding at the end
- thereof the following new subsection:
- ``(g) COMPUTERS AND RELATED EQUIPMENT.---
- ``(1) GENERAL RULE.---Subject to paragraphs
- (2) and (3), the Secretary shall have exclusive au-
- thority to control exports of all computer hardware,
- software and technology for information security
- (including encryption), except that which is specifi-
- cally designed or modified for military use, including
- command, control and intelligence applications.
- ``(2) ITEMS NOT REQUIRING LICENSES.---
- No validated license may be required, except pursuant
- to the Trading With The Enemy Act or the Inter-
- national Emergency Economic Powers Act (but only
- to the extent that the authority of such act is not
- exercised to extend controls imposed under this act),
- for the export or reexport of---
- ``(A) any software, including software with
- encryption capabilities, that is---
- ``(i) generally available, as is, and is
- designed for installation by the purchaser; or
- ``(ii) in the public domain or publicly
- available because it is generally accessible
- to the interested public in any form; or
- ``(B) any computing device soley because
- it incorporates or employs in any form software
- (including software with encryption capabilities)
- exempted from any requirement for a validated
- license under subparagraph (A).
- ``(3) SOFTWARE WITH ENCRYPTION CAPABILITIES.
- --- The Secretary shall authorize the export or
- reexport of software with encryption capabilities for
- nonmilitary end-uses in any country to which ex-
- ports of software of similar capability are permitted
- for use by financial institutions not controlled in fact
- by United States persons, unless there is substantial
- evidence that such software will be---
- ``(A) diverted to a military end-use or an
- end-use supporting international terrorism;
- ``(B) modified for military or terrorist end-
- use; or
- ``(C) reexported without requisite United
- States authorization.
- ``(4) DEFINITIONS.---As used in this subsection---
- ``(A) the term `generally available' means,
- in the case of software (including software with
- encryption capabilities), software that is offered
- for sale, license, or transfer to any person with-
- out restriction through any commercial means,
- including, but not limited to, over-the-counter
- retail sales, mail order transactions, phone
- order transactions, electronic distribution, or
- sale on approval;
- ``(B) the term `as is' means, in the case of
- software (including software with encryption ca-
- pabilities), a software program that is not de-
- signed, developed, or tailored by the software
- company for specific purchasers, except that
- such purchasers may supply certain installation
- parameters needed by the software program to
- function properly with the purchaser's system
- and may customize the software program by
- choosing among options contained in the soft-
- ware program;
- ``(C) the term `is designed for installation
- by the purchaser' means, in the case of soft-
- ware (including software with encryption capa-
- bilities)---
- ``(i) the software company intends for
- the purchaser (including any licensee or
- transferee), who may not be the actual
- program user, to install the software pro-
- gram on a computing device and has sup-
- plied the necessary instructions to do so,
- except that the company may also provide
- telephone help line services for software in-
- stallation, electronic transmission, or basic
- operations; and---
- ``(ii) that the software program is de-
- signed for installation by the purchaser
- without further substantial support by the
- supplier;
- ``(D) the term `computing device' means a
- device which incorporates one or more
- microprocessor-based central processing units
- that can accept, store, process or provide out-
- put of data; and
- ``(E) the term `computer hardware', when
- used in conjunction with information security,
- includes, but is not limited to, computer sys-
- tems, equipment, application-specific assem-
- blies, modules and integrated circuits.''
-