marked up and forwarded the bill, amended, to the Full Committee. On May 20, 1987, the Full Committee conducted markup, amended, and ordered the bill reported. The bill was reported from the Science, Space, and Technology Committee to the House, amended, June 3, 1987 (H. Rept. 100-123, Part I), reported from the Public Works and Transportation Committee on June 26, 1987 (H. Rept. 123, Part II), and placed on the Union Calendar.

The Ways and Means Committee reported an amendment (at the request of the Public Works and Transportation Committee) to add a tax title to the bill, requesting the Rules Committee to make the amendment in order as original text for House Floor consideration (Committee on Ways and Means Print 100-21). The Rules Committee reported a Rule making in order the text of H.R. 3350 as an original bill for the purpose of amendment (H. Res. 275), which was defeated in the House on September 30, 1987, by the roll call vote of 178 ayes to 235 nays. The Rules Committee reported another Rule (H. Res. 278), making H.R. 3350 in order for purposes of amendment by the House. H. Res. 278 was agreed to by the roll call vote of 368 ayes to 42 nays on October 1, 1987. H.R. 2310 passed the House, amended, on October 1, 1987, by the roll call vote of 396 ayes to 0 nays.

In the Senate, H.R. 2310 was ordered placed on the calendar October 6, 1987; it passed the Senate, amended (the text of S. 1184, the Senate companion measure), October 28, 1987; the Senate asked for a Conference October 28, 1987, House agreed to a Conference November 20, 1987. The conference report was filed in the House December 15, 1987 (Rept. 100-484). The Senate agreed to the conference report December 17; the House agreed to the conference report December 18, 1987 (roll call 410 yeas, 1 nay), clearing the measure for the President. The measure was signed by the President December 30, 1987, becoming Public Law 100-223. Committee Publication Numbers 100-6; H. Rept. 100-123, Part 1.

Incorporated into Public Law 100-223, Title II, Section 203, as a Senate amendment to H.R. 2310, was identical language contained in H.R. 1517, the Aircraft Collision Avoidance Act of 1987, as passed by the House on November 3, 1987. The history of H.R. 1517 follows.

AIRCRAFT COLLISION AVOIDANCE ACT OF 1987 (H.R. 1517)

To amend the Federal Aviation Act of 1958 to require the installation and use of collision avoidance systems in aircraft, to require the Federal Aviation Administration to complete research on the development of the TCAS-III (Traffic Alert and Collision Avoidance System) as soon as possible, and for other purposes.

Summary and Background of Legislation

A number of airline accidents in recent years clearly demonstrate the need for collision avoidance systems. An FAA analysis of these accidents concluded that if airline aircraft had been equipped with TCAS-11, the accidents could have been prevented. The dramatic increase in near-misses, as reported by the National Trans

portation Safety Board, also indicate the need for collision avoidance systems.

The bill directed the Federal Aviation Administration to develop and implement an 18-month schedule to complete certification and operational approval of TCAS-II. During the 18 months, the FAA is to report to Congress monthly on its progress toward cerification. Also during the 18 months, the FAA is directed to develop regulations to require the installation of TCAS-II, within 30 months from certification, on all aircraft with more than 30 seats. These two requirements should mean that the entire airline fleet operating within the United States airspace should have TCAS-II on board within four years, or by late 1991.

The bill requires the Federal Aviation Administration to complete certification of TCAS-III as soon as possible, and authorizes appropriations from the Airport and Airway Trust Fund to carry out this effort. The Federal Aviation Administration is directed to ensure that TCAS-II is designed to be readily modified to incorporate subsequent TCAS-II technology.

The bill directs the FAA to issue regulations to require that all aircraft operating in high density traffic areas be equipped with Mode-C transponders. Widespread use of Mode-C altitude reporting transponders by aircraft operation in areas of high air traffic density is key to TCAS's effectiveness.

The expanded use of Mode-C will enhance the effectiveness of the TCAS approach to collision avoidance. The Committee believes that increasing the number of aircraft with Mode-C has safety benefits aside from TCAS. Mode-C enables air traffic controllers to do their jobs more effectively because of the enhanced radar image as well as the identification and altitude information provided.

The Committee also recognizes that the FAA, from time to time, has allowed for certain glider, helicopter, balloon, agricultural, or other specialized aircraft operations to be exempt from the altitude encoding requirements of terminal control areas, provided such operations do not adversely impact on aviation safety. The Committee believes the FAA should continue to exercise the flexibility under the bill.

Legislative History

H.R. 1517 was introduced March 10, 1987 by Mr. Packard and jointly referred to the Committees on Public Works and Transportation, and Science, Space, and Technology. The Science, Space, and Technology Committee, on March 16, 1987, referred the bill to the Subcommittee on Transportation, Aviation and Materials (TAM).

On August 7, 1987, the Committee on Public Works and Transportation reported the bill, amended, to the House (H. Rept. 100286, Part I).

On September 9, 1987, the TAM Subcommittee conducted a hearing to examine the status of the FAA's collision avoidance R&D programs, as well as procedural changes proposed by the FAA to reduce the threat of mid-air collisions. On that date, also, the TAM Subcommittee conducted markup and forwarded the bill to the Full Committee. On September 29, 1987, the Committee on Science, Space, and Technology conducted markup, and ordered the bill re

ported, amended. The bill was reported to the House, amended, October 6, 1987 (H. Rept. 100-286, Part II) and placed on the Union Calendar. On November 3, 1987, the bill was called up by the House under Suspension of the Rules and passed by a yea-nay vote of 405-4.

On November 4, 1987, the bill was referred to the Senate Committee on Commerce, Science, and Transportation. On December 15, 1987, the provisions of H.R. 1517 became section 203 of the Senate amendment to H.R. 2310 (H. Rept. 100-484), which was signed into law on December 30, 1987, becoming Public Law 100223. Committee Publication Numbers 100-67; H. Rept. 100-286, Part II.

1.6-PUBLIC LAW 100-235, THE COMPUTER SECURITY ACT OF 1987 (H.R. 145)

To provide for a computer standards program within the National Bureau of Standards, to provide for government-wide computer security, and to provide for the training in security matters of persons who are involved in the management, operation, and use of Federal computer systems, and for other purposes.

Summary and Background of Legislation

As the role of the Federal Government has become broader, automation and the need to secure data has grown. Within the Federal Government, several agencies have been chargd with the responsibility for establishing computer security controls and standards. The mixture of laws, regulations and responsible agencies created overlapping and duplication of effort in some areas, and lacked coordination in others.

During the 99th Congress, the Subcommittee on Transportation, Aviation and Materials and Subcommittee on Science, Research and Technology, held hearings and Federal computer and communications privacy and security (TAM hearings: September 14, 1984, June 27, 1985, October 29, 1985; TAM joint with SRT: October 30, 1985). Witnesses expressed strong support for the concept of a greater central focus in the government for guidance in protecting systems.

H.R. 2889, the Computer Security Act of 1985, was introduced by Mr. Glickman on June 27, 1985, to amend the Act establishing the National Bureau of Standards to provide for a computer security research program within such Bureau, and to provide for the training of Federal employees who are involved in the management, operation, and use of automated information processing systems. The bill was referred to the Committee on Government Operations, and the Committee on Science and Technology. The Government Operations Committee completed markup on October 29, 1985, making substantial changes in the scope of the bill. The Science and Technology Committee, on July 9, 1985, referred the bill to the Subcommittee on Transportation, Aviation and Materials (TAM); and the Subcommittee on Science, Research and Technology (SRT). The TAM and SRT Subcomittees held a joint hearing on October 30, 1985. TAM considered and marked up the bill on November 14, 1985, and forwarded the bill, amended, to the Full Committee. SRT

considered and marked up the bill on November 21, 1985 and forwarded the bill, amended, to the Full Committee. On June 4, 1986, the Committee on Science and Technology conducted markup, amended, and ordered the bill reported. The bill was reported to the House, amended, August 6, 1986 by the Science and Technology Committee (H. Rept. 99-753, Part I) and by the Government Operations Committee (Part II). On August 12, 1986, the bill was called up by the House under suspension of the rules. The bill failed passage under suspension of the Rules on August 13, 1986. On August 15, 1986, the Rules Committee held a hearing and reported H. Res. 537, granting a one-hour, open rule. No further action was taken on H.R. 2889 during the remainder of the 99th Congress.

At the beginning of the 100th Congress, H.R. 145 was introduced, based largely on H.R. 2889 from the 99th Congress, which would require the National Bureau of Standards 2 (NBS) to establish a computer security standards program for Federal computer systems. The bill directs NBS to develop government-wide standards and guidelines, training programs, and validation standards to evaluate the effectiveness of computer security standards; and to work with the National Security Agency (NSA) and other agencies in developing these standards and guidelines and conducting research and studies. Based on recommendations submitted by the NBS, the Secretary of Commerce would be required to promulgate standards and guidelines for computer security. The bill would also establish a 13-member Computer System Security and privacy Advisory Board composed of representatives of other federal agencies and the private sector.

Within six months of the date of enactment, H.R. 145 would require all federal agencies to identify each computer system that contains sensitive data. Each agency would be required to establish a plan for the security of each computer and related system previously identified within a year after the date of enactment, and to revise it annually as necessary. The bill also requires mandatory periodic training in computer security for all federal agency employees who manage, use or operate computer systems. Each federal agency would also be required to provide for similar training for certain employees of private contractors and other organizations, such as state and local governments, that process information on behalf of the federal government.

Legislative History

H.R. 145 was introduced January 6, 1987 by Mr. Glickman and 7 cosponsors. The bill was jointly referred to the Committee on Government Operations, and Committee on Science, Space, and Technology. The Science, Space, and Technology Committee, on February 5, 1987, referred the bill to the Subcommittee on Transportation, Aviation and Materials, and the Subcommittee on Science, Research, and Technology.

On February 26, 1987, the Subcommittee on Transportation, Aviation and Materials, and the Subcommittee on Science, Research and Technology, held a joint hearing on H.R. 145 to supple

2 Now named the National Institute of Standards and Technology (NIST) (P.L. 100-418, Title V, Part B, Subpart A, Sections 5111 through 5163, enacted August 23, 1988).

ment the substantive legislative record created from last year's Committee hearings by inviting spokesmen of companies and industry groups who made public their views on computer security after last year's record was closed.

On May 19, 1987, the Subcommittee on Transportation, Aviation and Materials held an additional hearing to touch upon four major issues: (1) the current state of computer security in the Federal Government; (2) the role of the National Security Agency in setting Federal computer security standards; (3) the issue of privacy and security, particularly with a new "sensitive but unclassified" criteria; and (4) the role of the Federal Government in adequately training Federal employees and heightening awareness of computer security.

The Committee on Government Operations, on April 7, 1987, marked up and ordered reported the bill, amended; reporting it to the House on June 11, 1987 (H. Rept. 100-153, Part II).

SRT considered and marked up the bill on April 9, 1987, and forwarded the bill, amended, to the Full Committee. TAM considered and marked up the bill on April 29, 1987, using as a markup vehicle the bill reported by the Subcommittee on Science, Research and Technology (which was essentially identical to the bill reported by the Government Operations Committee). No amendments were adopted by the TAM Subcommittee. On May 20, 1987, the Committee on Science, Space, and Technology conducted markup, amended, and ordered the bill reported. The bill was reported to the House, amended, June 11, 1987 (H. Rept. 100-153, Part I), and placed on the Union Calendar.

On June 22, 1987, the bill, as amended, was called up by the House under suspension of the Rules and passed by a voice vote. On December 21, 1987, H.R. 145 passed the Senate, without amendment, by voice vote, and was cleared for the President. The measure was signed by the President on January 8, 1988, becoming Public Law 100-235. Committee Publication Numbers 100-8; 10015; H. Rept. 100-153, Part I.

1.7-PUBLIC LAW 100-252, THE EARTHQUAKE HAZARDS REDUCTION ACT ON 1977 REAUTHORIZATION (H.R. 1612)

To authorize appropriations under the Earthquake Hazards Reduction Act of 1977 for Fiscal Years 1988, 1989 and 1990, and for other purposes.

Summary and Background of Legislation

H.R. 1612 authorizes appropriations to carry out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1988 ($73,078,000), 1989 ($79,766,000), and 1990 ($85,060,000).

All or part of 39 States are located in regions classed as having major or moderate seismic risk. Within these States, more than 70 million people are exposed to the earthquake hazards of ground shaking, surface faulting, earthquake ground failure and tsunamis. In response to the need to reduce the damage done by earthquakes, the Congress enacted the Earthquake Hazards Reduction Program (NEHRP), a multiagency effort to meet the congressionally mandated objectives. The agencies involved are: Federal Emergency