In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing American Families 
Effectively (SAFE) Act''.

                          TITLE I--IMMIGRATION

SEC. 101. VISAS.

    (a) Student.--No citizens from a country which is one the State 
Department's list of governments which have sponsored terrorism or on 
the State Department's list of governments which have been less than 
fully cooperative in anti-terrorism efforts shall be granted a visa 
permitting study in the United States.
    (b) Diversity Immigrant Program.--No citizen from a country on the 
State Department's list of governments which have sponsored terrorism 
or on the State Department's list of governments which have been less 
than fully cooperative in anti-terrorism efforts may be issued an 
immigrant visa under section 203(c) of the Immigration and Nationality 
Act (8 U.S.C. 1153(c)) (governing the diversity immigrant program).

             TITLE II--DATA SHARING; INTELLIGENCE GATHERING

SEC. 201. REQUIRING SHARING BY THE FEDERAL BUREAU OF INVESTIGATION OF 
              CERTAIN CRIMINAL RECORD EXTRACTS WITH OTHER FEDERAL 
              AGENCIES IN ORDER TO ENHANCE BORDER SECURITY.

    (a) In General.--Section 105 of the Immigration and Nationality Act 
(8 U.S.C. 1105), is amended--
            (1) in the section heading, by adding ``and data exchange'' 
        at the end;
            (2) by inserting ``(a) Liaison With Internal Security 
        Officers.--'' after ``105.'';
            (3) by striking ``the internal security of'' and inserting 
        ``the internal and border security of''; and
            (4) by adding at the end the following:
    ``(b) Criminal History Record Information.--The Attorney General 
and the Director of the Federal Bureau of Investigation shall provide 
the Secretary of State and the Commissioner access to the criminal 
history record information contained in the National Crime Information 
Center's Interstate Identification Index, Wanted Persons File, and to 
any other files maintained by the National Crime Information Center 
that may be mutually agreed upon by the Attorney General and the 
official to be provided access, for the purpose of determining whether 
a visa applicant or applicant for admission has a criminal history 
record indexed in any such file. Such access shall be provided by means 
of extracts of the records for placement in the Department of State's 
automated visa lookout database or other appropriate database, and 
shall be provided without any fee or charge. The Director of the 
Federal Bureau of Investigation shall provide periodic updates of the 
extracts at intervals mutually agreed upon by the Attorney General and 
the official provided access. Upon receipt of such updated extracts, 
the receiving official shall make corresponding updates to the 
official's databases and destroy previously provided extracts. Such 
access to any extract shall not be construed to entitle the Secretary 
of State to obtain the full content of the corresponding automated 
criminal history record. To obtain the full content of a criminal 
history record, the Secretary of State shall submit the applicant's 
fingerprints and any appropriate fingerprint processing fee authorized 
by law to the Criminal Justice Information Services Division of the 
Federal Bureau of Investigation.
    ``(c) Reconsideration.--The provision of the extracts described in 
subsection (b) may be reconsidered by the Attorney General and the 
receiving official upon the development and deployment of a more cost-
effective and efficient means of sharing the information.
    ``(d) Regulations.--For purposes of administering this section, the 
Secretary of State shall, prior to receiving access to National Crime 
Information Center data, promulgate final regulations--
            ``(1) to implement procedures for the taking of 
        fingerprints; and
            ``(2) to establish the conditions for the use of the 
        information received from the Federal Bureau of Investigation, 
        in order--
                    ``(A) to limit the redissemination of such 
                information;
                    ``(B) to ensure that such information is used 
                solely to determine whether to issue a visa to an 
                individual;
                    ``(C) to ensure the security, confidentiality, and 
                destruction of such information; and
                    ``(D) to protect any privacy rights of individuals 
                who are subjects of such information.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by amending the item relating to section 
105 to read as follows:

``Sec. 105. Liaison with internal security officers and data 
                            exchange.''.
    (c) Effective Date and Implementation.--The amendments made by this 
section shall take effect on the date of the enactment of this Act and 
shall be fully implemented not later than 18 months after such date.
    (d) Reporting Requirement.--Not later than 2 years after the date 
of the enactment of this Act, the Attorney General and the Secretary of 
State, jointly, shall report to the Congress on the implementation of 
the amendments made by this section.
    (e) Construction.--Nothing in this section, or in any other law, 
shall be construed to limit the authority of the Attorney General or 
the Director of the Federal Bureau of Investigation to provide access 
to the criminal history record information contained in the National 
Crime Information Center's Interstate Identification Index, or to any 
other information maintained by such center, to any Federal agency or 
officer authorized to enforce or administer the immigration laws of the 
United States, for the purpose of such enforcement or administration, 
upon terms that are consistent with sections 212 through 216 of the 
National Crime Prevention and Privacy Compact Act of 1998 (42 U.S.C. 
14611 et seq.).

SEC. 202. AUTHORIZED DISCLOSURE.

    Section 2510(7) of title 18, United States Code, is amended by 
inserting ``, and (for purposes only of section 2517 as it relates to 
foreign intelligence information) any Federal law enforcement, 
intelligence, national security, national defense, protective, 
immigration personnel, or the President or Vice President of the United 
States'' after ``such offenses''.

SEC. 203. PERIOD OF ORDERS OF ELECTRONIC SURVEILLANCE OF NON-UNITED 
              STATES PERSONS UNDER FOREIGN INTELLIGENCE SURVEILLANCE.

    (a) Including Agents of a Foreign Power.--(1) Section 105(e)(1) of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1805(e)(1)) is amended by inserting ``or an agent of a foreign power, 
as defined in section 101(b)(1)(A),'' after ``or (3),''.
    (2) Section 304(d)(1) of such Act (50 U.S.C. 1824(d)(1)) is amended 
by inserting ``or an agent of a foreign power, as defined in section 
101(b)(1)(A),'' after ``101(a),''.
    (b) Period of Order.--Such section 304(d)(1) is further amended by 
striking ``forty-five'' and inserting ``90''.

            TITLE III--EXPANSION OF FBI LINGUISTIC CAPACITY

SEC. 301. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF 
              INVESTIGATION.

    (a) Authority.--The Director of the Federal Bureau of Investigation 
is authorized to expedite the employment of personnel as translators to 
support counterterrorism investigations and operations without regard 
to applicable Federal personnel requirements and limitations.
    (b) Security Requirements.--The Director of the Federal Bureau of 
Investigation shall establish such security requirements as are 
necessary for the personnel employed as translators.
    (c) Report.--The Attorney General shall report to the Committees on 
the Judiciary of the House of Representatives and the Senate on--
            (1) the number of translators employed by the FBI and other 
        components of the Department of Justice;
            (2) any legal or practical impediments to using translators 
        employed by other Federal State, or local agencies, on a full, 
        part-time, or shared basis; and
            (3) the needs of the FBI for specific translation services 
        in certain languages, and recommendations for meeting those 
        needs.

                       TITLE IV--CRIMINAL JUSTICE

SEC. 401. STATUTE OF LIMITATION FOR PROSECUTING TERRORISM OFFENSES.

    (a) In General.--Section 3286 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3286. Terrorism offenses
    ``(a) An indictment may be found or an information instituted at 
any time without limitation for any Federal terrorism offense or any of 
the following offenses:
            ``(1) A violation of, or an attempt or conspiracy to 
        violate, section 32 (relating to destruction of aircraft or 
        aircraft facilities), 37(a)(1) (relating to violence at 
        international airports), 175 (relating to biological weapons), 
        229 (relating to chemical weapons), 351(a)-(d) (relating to 
        congressional, cabinet, and Supreme Court assassination and 
        kidnaping), 792 (relating to harboring terrorists), 831 
        (relating to nuclear materials), 844(f) or (i) when it relates 
        to bombing (relating to arson and bombing of certain property), 
        1114(1) (relating to protection of officers and employees of 
        the United States), 1116, if the offense involves murder 
        (relating to murder or manslaughter of foreign officials, 
        official guests, or internationally protected persons), 1203 
        (relating to hostage taking), 1751(a)-(d) (relating to 
        Presidential and Presidential staff assassination and 
        kidnaping), 2332(a)(1) (relating to certain homicides and other 
        violence against United States nationals occurring outside of 
        the United States), 2332a (relating to use of weapons of mass 
        destruction), 2332b (relating to acts of terrorism transcending 
        national boundaries) of this title.
            ``(2) Section 236 (relating to sabotage of nuclear 
        facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 
        2284);
            ``(3) Section 601 (relating to disclosure of identities of 
        covert agents) of the National Security Act of 1947 (50 U.S.C. 
        421).
            ``(4) Section 46502 (relating to aircraft piracy) of title 
        49.
    ``(b) An indictment may be found or an information instituted 
within 15 years after the offense was committed for any of the 
following offenses:
            ``(1) Section 175b (relating to biological weapons), 842(m) 
        or (n) (relating to plastic explosives), 930(c) if it involves 
        murder (relating to possessing a dangerous weapon in a Federal 
        facility), 956 (relating to conspiracy to injure property of a 
        foreign government), 1030(a)(1), 1030(a)(5)(A), or 1030(a)(7) 
        (relating to protection of computers), 1362 (relating to 
        destruction of communication lines, stations, or systems), 1366 
        (relating to destruction of an energy facility), 1992 (relating 
        to trainwrecking), 2152 (relating to injury of fortifications, 
        harbor defenses, or defensive sea areas), 2155 (relating to 
        destruction of national defense materials, premises, or 
        utilities), 2156 (relating to production of defective national 
        defense materials, premises, or utilities), 2280 (relating to 
        violence against maritime navigation), 2281 (relating to 
        violence against maritime fixed platforms), 2339A (relating to 
        providing material support to terrorists), 2339B (relating to 
        providing material support to terrorist organizations), or 
        2340A (relating to torture).
            ``(2) Any of the following provisions of title 49: the 
        second sentence of section 46504 (relating to assault on a 
        flight crew with a dangerous weapon), section 46505(b)(3), 
        (relating to explosive or incendiary devices, or endangerment 
        of human life by means of weapons, on aircraft), section 46506 
        if homicide or attempted homicide is involved, or section 
        60123(b) (relating to destruction of interstate gas or 
        hazardous liquid pipeline facility) of title 49.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 of title 18, United States Code, is amended by amending the 
item relating to section 3286 to read as follows:

``3286. Terrorism offenses.''.
    (c) Application.--The amendments made by this section shall apply 
to the prosecution of any offense committed before, on, or after the 
date of enactment of this section.

SEC. 402. ALTERNATIVE MAXIMUM PENALTIES FOR TERRORISM CRIMES.

    Section 3559 of title 18, United States Code, is amended by adding 
after subsection (d) the following:
    ``(e) Authorized Terms of Imprisonment for Terrorism Crimes.--A 
person convicted of any Federal terrorism offense may be sentenced to 
imprisonment for any term of years or for life, notwithstanding any 
maximum term of imprisonment specified in the law describing the 
offense. The authorization of imprisonment under this subsection is 
supplementary to, and does not limit, the availability of any other 
penalty authorized by the law describing the offense, including the 
death penalty, and does not limit the applicability of any mandatory 
minimum term of imprisonment, including any mandatory life term, 
provided by the law describing the offense.''.

SEC. 403. PENALTIES FOR TERRORIST CONSPIRACIES.

    Chapter 113B of title 18, United States Code, is amended--
            (1) by inserting after section 2332b the following:
``Sec. 2332c. Attempts and conspiracies
    ``(a) Except as provided in subsection (c), any person who attempts 
or conspires to commit any Federal terrorism offense shall be subject 
to the same penalties as those prescribed for the offense, the 
commission of which was the object of the attempt or conspiracy.
    ``(b) Except as provided in subsection (c), any person who attempts 
or conspires to commit any offense described in section 25(2) shall be 
subject to the same penalties as those prescribed for the offense, the 
commission of which was the object of the attempt or conspiracy.
    ``(c) A death penalty may not be imposed by operation of this 
section.''; and
            (2) in the table of sections at the beginning of the 
        chapter, by inserting after the item relating to section 2332b 
        the following new item:

``2332c. Attempts and conspiracies.''.

                        TITLE V--PROBABLE CAUSE

SEC. 501. PROBABLE CAUSE.

    Notwithstanding any other provision of law or regulation probable 
cause shall be the maximum standard for authorizing an investigation, 
or issuing a search warrant, related to investigations of suspected 
terrorists.

Output: Securing American Families Effectively (SAFE) Act - Prohibits the granting of a visa permitting study in the United States, or the issuance of an immigration visa under the diversity immigrant program, to citizens from a country which is on the State Department's list of governments which have sponsored terrorism or which have been less than fully cooperative in anti-terrorism efforts.Amends the Immigration and Nationality Act to require the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to provide the Secretary of State and the Commissioner of the Immigration and Naturalization Service access to criminal history record information.Increases: (1) the scope of persons authorized to disclose and use intercepted communications relating to foreign intelligence information; and (2) the period of electronic surveillance orders for non-U.S. persons under the Foreign Intelligence Surveillance Act of 1978.Authorizes: (1) the FBI Director to expedite the employment of translators; (2) an indictment at any time without limitation for any Federal terrorism offense; and (3) alternative maximum penalties for terrorism crimes.Provides that any person who attempts or conspires to commit any Federal terrorism offense shall be subject to the same penalties as prescribed for the terrorism offense, with exceptions.Makes probable cause the maximum standard for authorizing an investigation, or issuing a search warrant related to an investigation, of suspected terrorists.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring Access to Medication and 
Improving Health Savings Act of 2016''.

          TITLE I--RESTORING ACCESS TO MEDICATION ACT OF 2016

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Restoring Access to Medication Act 
of 2016''.

SEC. 102. REPEAL OF DISQUALIFICATION OF EXPENSES FOR OVER-THE-COUNTER 
              DRUGS UNDER CERTAIN ACCOUNTS AND ARRANGEMENTS.

    (a) HSAs.--Section 223(d)(2)(A) of the Internal Revenue Code of 
1986 is amended by striking the last sentence.
    (b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by 
striking the last sentence.
    (c) Health Flexible Spending Arrangements and Health Reimbursement 
Arrangements.--Section 106 of such Code is amended by striking 
subsection (f).
    (d) Effective Date.--The amendments made by this section shall 
apply to expenses incurred after December 31, 2016.

               TITLE II--HEALTH CARE SECURITY ACT OF 2016

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Health Care Security Act of 
2016''.

SEC. 202. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME 
              HEALTH SAVINGS ACCOUNT.

    (a) In General.--Section 223(b)(5) of the Internal Revenue Code of 
1986 is amended to read as follows:
            ``(5) Special rule for married individuals with family 
        coverage.--
                    ``(A) In general.--In the case of individuals who 
                are married to each other, if both spouses are eligible 
                individuals and either spouse has family coverage under 
                a high deductible health plan as of the first day of 
                any month--
                            ``(i) the limitation under paragraph (1) 
                        shall be applied by not taking into account any 
                        other high deductible health plan coverage of 
                        either spouse (and if such spouses both have 
                        family coverage under separate high deductible 
                        health plans, only one such coverage shall be 
                        taken into account),
                            ``(ii) such limitation (after application 
                        of clause (i)) shall be reduced by the 
                        aggregate amount paid to Archer MSAs of such 
                        spouses for the taxable year, and
                            ``(iii) such limitation (after application 
                        of clauses (i) and (ii)) shall be divided 
                        equally between such spouses unless they agree 
                        on a different division.
                    ``(B) Treatment of additional contribution 
                amounts.--If both spouses referred to in subparagraph 
                (A) have attained age 55 before the close of the 
                taxable year, the limitation referred to in 
                subparagraph (A)(iii) which is subject to division 
                between the spouses shall include the additional 
                contribution amounts determined under paragraph (3) for 
                both spouses. In any other case, any additional 
                contribution amount determined under paragraph (3) 
                shall not be taken into account under subparagraph 
                (A)(iii) and shall not be subject to division between 
                the spouses.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2016.

SEC. 203. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE 
              ESTABLISHMENT OF HEALTH SAVINGS ACCOUNT.

    (a) In General.--Section 223(d)(2) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new subparagraph:
                    ``(D) Treatment of certain medical expenses 
                incurred before establishment of account.--If a health 
                savings account is established during the 60-day period 
                beginning on the date that coverage of the account 
                beneficiary under a high deductible health plan begins, 
                then, solely for purposes of determining whether an 
                amount paid is used for a qualified medical expense, 
                such account shall be treated as having been 
                established on the date that such coverage begins.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to coverage beginning after December 31, 2016.

SEC. 204. MAXIMUM CONTRIBUTION LIMIT TO HEALTH SAVINGS ACCOUNT 
              INCREASED TO AMOUNT OF DEDUCTIBLE AND OUT-OF-POCKET 
              LIMITATION.

    (a) Self-Only Coverage.--Section 223(b)(2)(A) of the Internal 
Revenue Code of 1986 is amended by striking ``$2,250'' and inserting 
``the amount in effect under subsection (c)(2)(A)(ii)(I)''.
    (b) Family Coverage.--Section 223(b)(2)(B) of such Code is amended 
by striking ``$4,500'' and inserting ``the amount in effect under 
subsection (c)(2)(A)(ii)(II)''.
    (c) Conforming Amendments.--Section 223(g)(1) of such Code is 
amended--
            (1) by striking ``subsections (b)(2) and'' both places it 
        appears and inserting ``subsection'', and
            (2) by striking ``determined by'' in subparagraph (B) 
        thereof and all that follows through ```calendar year 2003'.'' 
        and inserting ``determined by substituting `calendar year 2003' 
        for `calendar year 1992' in subparagraph (B) thereof .''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2016.

   TITLE III--PROTECTING TAXPAYERS BY RECOVERING IMPROPER OBAMACARE 
                        SUBSIDY OVERPAYMENTS ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Protecting Taxpayers by Recovering 
Improper Obamacare Subsidy Overpayments Act''.

SEC. 302. RECOVERY OF IMPROPER OVERPAYMENTS RESULTING FROM CERTAIN 
              FEDERALLY SUBSIDIZED HEALTH INSURANCE.

    (a) In General.--Section 36B(f)(2)(B)(i) of the Internal Revenue 
Code of 1986 is amended to read as follows:
                            ``(i) In general.--In the case of a 
                        taxpayer whose household income is less than 
                        300 percent of the poverty line for the size of 
                        the family involved for the taxable year, the 
                        amount of the increase under subparagraph (A) 
                        shall in no event exceed the applicable dollar 
                        amount determined in accordance with the 
                        following table (one-half of such amount in the 
                        case of a taxpayer whose tax is determined 
                        under section 1(c) for the taxable year):


----------------------------------------------------------------------------------------------------------------
  ``If the household income (expressed as a
         percent of poverty line) is:                           The applicable dollar amount is:
----------------------------------------------------------------------------------------------------------------
Less than 200%...............................  $600
At least 200% but less than 250%.............  $1,500
At least 250% but less than 300%.............  $3,000.''.
----------------------------------------------------------------------------------------------------------------

    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2016.

            Passed the House of Representatives July 6, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Restoring Access to Medication and Improving Health Savings Act of 2016  This bill amends the Internal Revenue Code to modify the rules that apply to health savings accounts (HSAs) and overpayments of subsidies under the Patient Protection and Affordable Care Act.  Restoring Access to Medication Act of 2016  The bill repeals provisions of the Internal Revenue Code, as added by the Patient Protection and Affordable Care Act, that limit payments for medications from HSAs, medical savings accounts, and health flexible spending arrangements to only prescription drugs or insulin (thus allowing distributions from such accounts for over-the-counter drugs).  Health Care Security Act of 2016  The bill modifies the rules for HSAs with respect to catch-up contributions for married couples, medical expenses incurred before an HSA is established, and contribution limits.  If both spouses of a married couple have family coverage under a high deductible health plan, each spouse may make catch-up contributions to the same HSA. (Catch-up contributions are additional contributions which individuals who are at least 55 years of age may make to an HSA.)  If an HSA is established within 60 days of the beginning of coverage under a high deductible health plan, any distribution from the HSA used to pay a qualified medical expense incurred during that 60-day period after the health coverage began is excludible from gross income. (Under current law, the medical expense must be incurred on or after the date that the HSA is established.)  The bill increases the maximum contribution limits for HSAs to equal the maximum for the sum of the annual deductible and out-of-pocket expenses that may be required to be paid for covered benefits under a high deductible health plan.  Protecting Taxpayers by Recovering Improper Obamacare Subsidy Overpayments Act  The bill eliminates the limitation on the increase in tax imposed upon certain low-income families for advance payments of the tax credit for health insurance premium assistance that exceed the allowable amount of such credit. 


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Encryption Standards and Procedures 
Act of 1994''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Advancements in communications and information 
        technology and the widespread use of that technology have 
        enhanced the volume and value of domestic and international 
        communication of electronic information as well as the ability 
        to preserve the confidentiality, protect the privacy, and 
        authenticate the origin, of that information.
            (2) The proliferation of communications and information 
        technology has made it increasingly difficult for the 
        government to obtain and decipher, in a timely manner and as 
        provided by law, electronic information that is necessary to 
        provide for public safety and national security.
            (3) The development of the Nation's information 
        infrastructure and the realization of the full benefits of that 
        infrastructure require that electronic information resident in, 
        or communicated over, that infrastructure is secure, 
        confidential, and authentic.
            (4) Security, privacy, and authentication of electronic 
        information resident in, or communicated over, the Nation's 
        information infrastructure are enhanced with the use of 
        encryption technology.
            (5) The rights of individuals and other persons to 
        security, privacy, and protection in their communications and 
        in the dissemination and receipt of electronic information 
        should be preserved and protected.
            (6) The authority and ability of the government to obtain 
        and decipher, in a timely manner and as provided by law, 
        electronic information necessary to provide for public safety 
        and national security should also be preserved.
            (7) There is a national need to develop, adopt, and use 
        encryption methods and procedures that advance the development 
        of the Nation's information infrastructure and that preserve 
        the personal rights referred to in paragraph (5) and the 
        governmental authority and ability referred to in paragraph 
        (6), as provided by law.
    (b) Purposes.--It is the purpose of this Act--
            (1) to promote the development of the Nation's information 
        infrastructure consistent with public welfare and safety, 
        national security, and the privacy and protection of personal 
        property;
            (2) to encourage and facilitate the development, adoption, 
        and use of encryption standards and procedures that provide 
        sufficient privacy, protection, and authentication of 
        electronic information and that reasonably satisfy the needs of 
        government to provide for public safety and national security; 
        and
            (3) to establish Federal policy governing the development, 
        adoption, and use of encryption standards and procedures and a 
        Federal program to carry out that policy.

SEC. 3. ENCRYPTION STANDARDS AND PROCEDURES.

    (a) Computer System Security and Privacy Advisory Board.--
            (1) Requirement of privacy expertise.--Section 21(a)(2) of 
        the National Institute of Standards and Technology Act (15 
        U.S.C. 278g-4(a)(2)) is amended by inserting ``(including 
        computer systems privacy)'' after ``related disciplines''.
            (2) Expanded functions.--Section 21(b) of such Act (15 
        U.S.C. 278g-4(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and''; and
                    (C) by adding after paragraph (3) the following new 
                paragraph:
            ``(4) to advise the Institute and the Congress on privacy 
        issues pertaining to electronic information and on encryption 
        standards developed under section 31(b).''.
    (b) Standards and Procedures.--The National Institute of Standards 
and Technology Act is further amended--
            (1) by redesignating section 31 as section 32; and
            (2) by inserting after section 30 the following new section 
        31:

``SEC. 31. ENCRYPTION STANDARDS AND PROCEDURES.

    ``(a) Establishment and Authority.--The Secretary, acting through 
the Director, shall establish an Encryption Standards and Procedures 
Program to carry out this section. In carrying out this section, the 
Secretary, acting through the Director, may (in addition to the 
authority provided under section 2) conduct research and development on 
encryption standards and procedures, make grants, and enter into 
contracts, cooperative agreements, joint ventures, royalty 
arrangements, and licensing agreements on such terms and conditions the 
Secretary considers appropriate.
    ``(b) Federal Encryption Standards.--
            ``(1) In general.--The Secretary, acting through the 
        Director and after providing notice to the public and an 
        opportunity for comment, may by regulation develop encryption 
        standards as part of the program established under subsection 
        (a).
            ``(2) Requirements.--Any encryption standard developed 
        under paragraph (1)--
                    ``(A) shall, to the maximum extent practicable, 
                provide for the confidentiality, integrity, or 
                authenticity of electronic information;
                    ``(B) shall advance the development, and enhance 
                the security, of the Nation's information 
                infrastructure;
                    ``(C) shall contribute to public safety and 
                national security;
                    ``(D) shall not diminish existing privacy rights of 
                individuals and other persons;
                    ``(E) shall preserve the functional ability of the 
                government to decipher, in a timely manner, electronic 
                information that has been obtained pursuant to an 
                electronic surveillance permitted by law;
                    ``(F) may be implemented in software, firmware, 
                hardware, or any combination thereof; and
                    ``(G) shall include a validation program to 
                determine the extent to which such standards have been 
                implemented in conformance with the requirements set 
                forth in this paragraph.
            ``(3) Consultation.--Standards developed under paragraph 
        (1) shall be developed in consultation with the heads of other 
        appropriate Federal agencies.
    ``(c) Permitted Use of Standards.--The Federal Government shall 
make available for public use any standard established under subsection 
(b), except that nothing in this Act may be construed to require such 
use by any individual or other person.
    ``(d) Escrow Agents.--
            ``(1) Designation.--If a key escrow encryption standard is 
        established under subsection (b), the President shall designate 
        at least 2 Federal agencies that satisfy the qualifications 
        referred to in paragraph (2) to act as key escrow agents for 
        that standard.
            ``(2) Qualifications.--A key escrow agent designated under 
        paragraph (1) shall be a Federal agency that--
                    ``(A) possesses the capability, competency, and 
                resources to administer the key escrow encryption 
                standard, to safeguard sensitive information related to 
                it, and to carry out the responsibilities set forth in 
                paragraph (3) in a timely manner; and
                    ``(B) is not a Federal agency that is authorized by 
                law to conduct electronic surveillance.
            ``(3) Responsibilities.--A key escrow agent designated 
        under paragraph (1) shall, by regulation and in consultation 
        with the Secretary and any other key escrow agent designated 
        under such paragraph, establish procedures and take other 
        appropriate steps--
                    ``(A) to safeguard the confidentiality, integrity, 
                and availability of keys or components thereof held by 
                the agent pursuant to this subsection;
                    ``(B) to preserve the integrity of any key escrow 
                encryption standard established under subsection (b) 
                for which the agent holds the keys or components 
                thereof;
                    ``(C) to hold and manage the keys or components 
                thereof consistent with the requirements of this 
                section and the encryption standard established under 
                subsection (b); and
                    ``(D) to carry out the responsibilities set forth 
                in this paragraph in the most effective and efficient 
                manner practicable.
            ``(4) Authority.--A key escrow agent designated under 
        paragraph (1) may enter into contracts, cooperative agreements, 
        and joint ventures and take other appropriate steps to carry 
        out its responsibilities.
    ``(e) Limitations on Access and Use.--
            ``(1) Release of key to certain agencies.--A key escrow 
        agent designated under subsection (d) may release a key or 
        component thereof held by the agent pursuant to that subsection 
        only to a Federal agency that is authorized by law to conduct 
        electronic surveillance and that is authorized to obtain and 
        use the key or component by court order or other provision of 
        law. An entity to whom a key or component thereof has been 
        released under this paragraph may use the key or component 
        thereof only in the manner and for the purpose and duration 
        that is expressly provided for in the court order or other 
        provision of law authorizing such release and use.
            ``(2) Limitation on use by private persons and foreign 
        citizens.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a person (including a person not a 
                citizen or permanent resident of the United States) 
                that is not an agency of the Federal Government or a 
                State or local government shall not have access to or 
                use keys associated with an encryption standard 
                established under subsection (b).
                    ``(B) Exception.--A representative of a foreign 
                government may have access to and use a key associated 
                with an encryption standard established under 
                subsection (b) only if the President determines that 
                such access and use is in the national security and 
                foreign policy interests of the United States. The 
                President shall prescribe the manner and conditions of 
                any such access and use.
            ``(3) Limit on use by government agencies.--A government 
        agency, instrumentality, or political subdivision thereof shall 
        not have access to or use a key or component thereof associated 
        with an encryption standard established under subsection (b) 
        that is held by a key escrow agent under subsection (d) unless 
        such access or use is authorized by this section, by court 
        order, or by other law.
    ``(f) Review and Report.--
            ``(1) In general.--Within 2 years after the date of the 
        enactment of this Act and at least once every 2 years 
        thereafter, the Secretary shall conduct a hearing on the record 
        in which all interested parties shall have an opportunity to 
        comment on the extent to which encryption standards, 
        procedures, and requirements established under this section 
        have succeeded in fulfilling the purposes of this section and 
        the manner and extent to which such standards, procedures, and 
        requirements can be improved.
            ``(2) Report.--Upon completion of a hearing conducted under 
        paragraph (1), the Secretary shall submit to the Congress a 
        report containing a statement of the Secretary's findings 
        pursuant to the hearing along with recommendations and a plan 
        for correcting any deficiencies or abuses in achieving the 
        purposes of this section that are identified as a result of the 
        hearing.
    ``(g) Regulations.--Within one year after the date of the enactment 
of this Act, the Secretary and each key escrow agent designated by the 
President under subsection (d) shall, after notice to the public and 
opportunity for comment, issue any regulations necessary to carry out 
this section.
    ``(h) Liability.--The United States shall not be liable for any 
loss incurred by any individual or other person resulting from any 
compromise or security breach of any encryption standard established 
under subsection (b) or any violation of this section or any regulation 
or procedure established by or under this section by--
            ``(1) any person who is not an official or employee of the 
        United States; or
            ``(2) any person who is an official or employee of the 
        United States, unless such compromise, breach, or violation is 
        willful.
    ``(i) Severability.--If any provision of this section, or the 
application thereof, to any person or circumstance, is held invalid, 
the remainder of this section, and the application thereof, to other 
persons or circumstances shall not be affected thereby.
    ``(j) Definitions.--For purposes of this section:
            ``(1) The term `content', when used with respect to 
        electronic information, includes the substance, purport, or 
        meaning of that information.
            ``(2) The term `electronic communications system' has the 
        meaning given such term in section 2510(14) of title 18, United 
        States Code.
            ``(3) The term `encryption' means a method--
                    ``(A) to encipher and decipher the content of 
                electronic information to protect the privacy and 
                security of such information; or
                    ``(B) to verify the integrity, or authenticate the 
                origin, of electronic information.
            ``(4) The term `encryption standard' means a technical, 
        management, physical, or administrative standard or associated 
        guideline or procedure for conducting encryption, including key 
        escrow encryption, to ensure or verify the integrity, 
        authenticity, or confidentiality of electronic information 
        that, regardless of application or purpose, is stored, 
        processed, transmitted, or otherwise communicated domestically 
        or internationally in any public or private electronic 
        communications system.
            ``(5) The term `key escrow encryption' means an encryption 
        method that allows the government, pursuant to court order or 
        other provision of law, to decipher electronic information that 
        has been encrypted with that method by using a unique secret 
        code or key that is, in whole or in part, held by and obtained 
        from a key escrow agent.
            ``(6) The term `key escrow agent' means an entity 
        designated by the President under subsection (d) to hold and 
        manage keys associated with an encryption standard established 
        under subsection (b).
            ``(7) The term `key' means a unique secret code or 
        character string that enables a party other than the sender, 
        holder, or intended recipient of electronic information to 
        decipher such information that has been enciphered with a 
        corresponding encryption standard established under subsection 
        (b) only with such code or string.
            ``(8) The term `electronic information' means the content, 
        source, or destination of any information in any electronic 
        form and in any medium which has not been specifically 
        authorized by a Federal statute or an Executive Order to be 
        kept secret in the interest of national defense or foreign 
        policy and which is stored, processed, transmitted or otherwise 
        communicated, domestically or internationally, in an electronic 
        communications system, and
                    ``(A) electronic communication within the meaning 
                of section 2510(12) of title 18, United States Code; or
                    ``(B) wire communication within the meaning of 
                section 2510(1) of such title.
            ``(9) The term `government' means the Federal Government, a 
        State or political subdivision of a State, the District of 
        Columbia, or a commonwealth, territory, or possession of the 
        United States.
    ``(k) Authorization of Appropriations.--
            ``(1) In general.--From amounts otherwise authorized to be 
        appropriated to the Secretary of Commerce for fiscal years 1995 
        through 1997 to carry out the programs of the Institute, the 
        amount of $50,000,000 shall be available for such fiscal years 
        to carry out this section. Such amount shall remain available 
        until expended. Of such amount, $1,000,000 shall be available 
        for the National Research Council study on national 
        cryptography policy authorized under section 267 of the 
        National Defense Authorization Act for Fiscal Year 1994 (10 
        U.S.C 421 note).
            ``(2) Transfer authority.--The Secretary may transfer funds 
        appropriated pursuant to paragraph (1) to a key escrow agent 
        other than the Secretary in amounts sufficient to cover the 
        cost of carrying out the responsibilities of the agent under 
        this section. Funds so transferred shall remain available until 
        expended.''.
                                 
HR 5199 IH----2


Output: Encryption Standards and Procedures Act of 1994 - Amends the National Institute of Standards and Technology Act to establish an Encryption Standards and Procedures Program to:  (1) promote the development of an information infrastructure consistent with public welfare, national security, and the privacy and protection of personal property; (2) encourage the development and use of encryption standards; and (3) establish related Federal policies and standards.