If the bill is made into law, it will provide federal judges with wide powers to force U.S. tech companies to cooperate with U.S. law enforcement agencies.

As per sources familiar with the on-going discussion, the White House is currently refusing to put its weight around the draft legislation that wants to empower judges to force technological companies, such as Apple, to help law enforcement agencies crack encrypted data.

This decision by the White House essentially ensures that the years-long political impasse over encryption will continue to remain so, despite the high-profile efforts made by the DOJ in the recent iPhone cracking case related to the shootings in the San Bernardino, California.

Earlier last month, President Obama had suggested that he had come around to the view that law enforcement agencies need a way to tap into the information stored in encrypted smartphones. The administration howeve, has remained deeply divided on the issue.

The draft legislation is expected to be introduced as early as this week by Senator Richard Burr, the Republican Chair and by Senator Dianne Feinstein, a top Democrat from the Senate Intelligence Committee.

The bill aims to give federal judges broad powers to order tech companies to help the government with circumstances, which are not spelled out by it, according to sources who are familiar with the text. The penalties for non-compliance is also not spelt out.

As per sources, although the White House has reviewed the text and has offered feedback, it is very unlikely that they will be made public.

Its stance could be a result of a political calculation that an encryption bill is likely to be controversial, especially during an election year.

Civil liberty advocates and tech companies have strongly opposed the encryption legislation with the argument that a law that mandates that tech companies to undermine tech products will result in undermining security for all. Several lawmakers, including Senator Ron Wyden of Oregon, a Democrat, have vowed to strongly oppose any attempt to enfeeble encryption in tech products produced by U.S. companies.

This chorus is also joined by intelligence officials, many of who opine that overriding encryption will create more problems that it will solve. Many say such a move is unnecessary as the government has other means of getting the required information.

Tech companies such as Apple have called on Congress to help find a solution to the problem of terrorists and criminals using encryption to hide their digital footprints in order to avoid surveillance. A proposal has been put forward to further study the issue.

Many companies have already stepped up the implementation of security features, including encryption, in their products. Facebook-owned WhatsApp has recently implemented a complete end-to-end encryption of its service, and as a result will be unable to access its customer’s messages, even if it was ordered by a court to do so.