A bill to authorize appropriations for civil defense programs for fiscal years 1988 and 1989, and for other purposes.

(Measure passed House, amended (Inserted certain provisions of H.R. 1748))

Title I: Department of Energy National Security Programs - Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1988 - Part A: National Security Programs Authorizations - Authorizes appropriations for the Department of Energy (DOE) for FY 1988 for operating expenses and for plant and capital equipment in carrying out national security programs in the following areas: (1) weapons activities; (2) defense nuclear materials production; (3) environmental restoration and management of defense waste and transportation; (4) verification and control technology; (5) nuclear materials safeguards and security technology programs; (6) security investigations; and (7) naval reactors development. Sets forth funding limitations for programs, projects, and activities of DOE relating to the Strategic Defense Initiative. Earmarks specified funds for the defensive inertial confinement fusion program. Prohibits funds appropriated to DOE for FY 1988 verification and control technology from being used for any other program.

Part B: Recurring General Provisions - Prohibits the use of funds authorized under this Act where the costs of the program exceed 105 percent of the program authorization or the costs exceed by more than $10,000,000 the amount authorized by this Act, whichever is the lesser. Prohibits the use of funds authorized by this Act for programs which have not been presented to or requested of the Congress, unless the Secretary of Energy transmits to the appropriate committees a full and complete statement of the action proposed and 30 days have elapsed since such statement was submitted.

Authorizes the Secretary to carry out any general plant project only if the maximum estimated cost of the project does not exceed $1,200,000.

Sets forth procedures for the approval of projects which exceed by more than 25 percent their estimated cost, and exempts from such procedures any projects which have an estimated cost of less than $5,000,000.

Allows the transfer of funds from specified projects to other Government agencies for the performance of work for which the appropriation is made.

Authorizes the Secretary to perform construction design services in connection with any proposed construction project if the total cost does not exceed $2,000,000. Outlines other limits related to such funding. Authorizes the Secretary to perform emergency construction planning and design whenever he or she determines it to be appropriate.

Makes funds authorized for operating expenses and plant and capital equipment under this title available for all national security programs of DOE. Allows authorizations provided in this title to be adjusted for pay and benefit increases for Federal employees.

Part C: Miscellaneous Provisions - Amends the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1986 to exclude from allowable contractor costs certain information provided to the Congress or a State legislature.

Renames the Ernest Orlando Lawrence Livermore National Laboratory at Livermore, California, as the Livermore National Laboratory.

Directs the President to conduct a study and formulate a plan for the modernization of the nuclear weapons complex in order to provide the overall size and productive capacity necessary to support national security objectives. Directs the President to report to specified congressional committees concerning such plan no later than February 15, 1988.

Provides that the Under Secretary of Defense for Acquisition is to be chairman of the Nuclear Weapons Council (currently, the Director of Defense Research and Engineering holds such position).

Establishes the position of Assistant to the Secretary of Defense for Atomic Energy, who shall advise the Secretary of Defense and the Joint Nuclear Council on nuclear energy and nuclear weapons matters.

Prohibits, effective 90 days after the enactment of this Act, the obligation or expenditure of funds to carry out a nuclear explosion with a yield exceeding one kiloton, or a nuclear explosion conducted outside a designated area, until the President has made a certain certification to the Congress that the Soviet Union has carried out such a test or refused to accept certain monitoring arrangements. Terminates such limitation if the United States and the Soviet Union reach an agreement or treaty establishing significant limits on nuclear explosions.

Directs the Secretary of Energy to request the National Academy of Sciences (the Academy) to report to the Secretary on the status of the nuclear weapons complex. Requires such report to be submitted to the Congress and the Secretary concurrently no later than February 1 of each year, beginning with 1988. Directs the Secretary to review the findings of the Academy, and to provide to the Congress, no later than 30 days after the receipt of each such report, a report on the Secretary's recommendations.

Directs the Secretary of Energy to request the Academy to submit, by October 1, 1987, a report summarizing its findings relating to the safety of operation of the N Reactor at the Nashford Reservation, Washington. Requires such report to be submitted to the Secretary and to specified congressional committees. Places certain restrictions on the operation of such reactor until the Secretary can certify to the congressional committees that the reactor is safe.

Title II: National Defense Stockpile - Strategic and Critical Materials Stock Piling Amendments of 1987 - Amends the Strategic and Critical Materials Stock Piling Act to provide that it is the intent of the Congress that: (1) the National Defense Stockpile (NDS) be used to serve national defense purposes only; and (2) quantities of materials stockpiled should be sufficient to sustain the United States for at least three years in the event of a war emergency. Requires stockpile requirements to be established by law.

Transfers certain stockpiling functions under such Act from the President to the Secretary of Defense. Requires the Secretary to submit annually to the Congress a report on the stockpile requirements.

Authorizes the Secretary to enter into an interagency agreement with the head of any other department or agency for the performance of certain stockpiling functions.

Provides that appropriations for the requirements of NDS and for deposit to the National Defense Stockpile Transaction Fund shall be made as appropriations to DOD for military functions. Extends the uses of such Fund to cover NDS acquisitions and upgrading.

Title III: Civil Defense - Authorizes appropriations for FY 1988 to carry out certain civil defense functions under the Federal Civil Defense Act of 1950.

Prohibits any FY 1987 or 1988 funds made available to the Federal Emergency Management Agency for civil defense assistance to States from being withheld from any State on the basis of such State's failure to participate in a simulated nuclear attack exercise.