Statement on Signing the
Stewart B. McKinney Homeless Assistance Act
I
have signed H.R. 558, the Stewart B. McKinney Homeless Assistance Act. Title
III of this bill authorizes the Director of the Federal Emergency Management
Agency (FEMA) to establish a National Board to oversee the expenditure of money
for emergency food and shelter programs for the homeless. It also authorizes
local governments to constitute boards to determine how the program funds will
be distributed.
In
approving this measure, I must note concern about the appointment of members of
both the National Board and the local boards. If read literally, the measure
could be interpreted as requiring the Director of FEMA to appoint to the
National Board any individual nominated by one of six private organizations.
Any such construction would raise serious questions as to whether the bill
violates the appointments clause of the Constitution. Moreover, if the
organizations' recommendations are not deemed advisory, further constitutional
questions could be raised under the establishment clause with respect to
appointment of both the National Board and the local boards, because four of
the six organizations are affiliated with religious organizations. In order to
avoid these constitutional infirmities, I have signed the bill with the
understanding that the nominations made by the private organizations under H.R.
558 are purely advisory and do not circumscribe the discretion of the Director
or the local governments. It is my intention that charitable organizations,
including those with religious affiliation, should continue to play a vital
role in the delivery of services contemplated in this legislation.
Note: H.R. 558, approved
July 22, was assigned Public Law No. 100 - 77.