Statement of Administration Policy: S. 612 - "Warner Amendment" Repeal

(Senate)
(Simon (D) Illinois, Cranston (D) California, Warner (R) Virginia, and DeConcini (D) Arizona)

The Administration opposes enactment of S. 612 which would repeal Section 1631 of the Defense Authorization Act of 1985 (P.L. 98-525). This repeal would jeopardize the relationship between the Department of Energy and its nuclear weapons testing program contractors — a relationship which is essential to our national security — by permitting otherwise impermissible lawsuits against such contractors.

The Administration strongly supports retention of Section 1631, which substitutes the United States as the defendant in suits against Energy Department contractors arising out of the nuclear weapons testing program. Only the Federal Government sets the policies and controls the activities of the nuclear weapons testing program, and consequently suits arising from that program should be filed only against the United States under the Federal Tort Claims Act.

If S. 612 were presented to the President, the Department of Energy would recommend that it be disapproved.