Statement on Signing the
Older Americans Act Amendments of 1987
I
am pleased to sign H.R. 1451, the Older Americans Act Amendments of 1987. The
bill authorizes a number of worthwhile Federal programs that help provide
community-based services important to the Nation's rapidly growing older
population and promote economic development in Native American communities.
I
believe, however, that certain provisions of H.R. 1451 must be carefully
construed and administered to avoid raising substantial constitutional
questions under the equal protection clause. The bill amends the Older
Americans Act of 1965 to require providers to attempt to provide services to
low-income minority individuals in at least the same proportion as the
population of low-income minority individuals bears to the population of older
individuals of the area served by such provider. While I share the Congress'
concern that older Americans programs reach all eligible populations, I expect
that the attempt to provide services to low-income minority individuals will be
made in a manner that is not racially preferential. It is appropriate, for
example, to conduct outreach efforts to identify and inform those who qualify
for services, including members of the minority communities.
The
bill also amends the Native American Programs Act by requiring the Secretary of
Health and Human Services to disclose to the Congress, on request, the
recommendations of review panels concerning applications for financial
assistance and the Secretary's reasons for following or deviating from such
recommendations. This provision is considerably less problematic than
provisions, as were included in predecessor legislation, that require routine reporting of individual decisions and the
grounds therefor. Even so, it is important to note
that I understand this provision does not detract from the President's
constitutional authority not to disclose information to the Congress where
necessary to protect the integrity and confidentiality of the deliberative
process within the executive branch.
Note: H.R. 1451,
approved November 29, was assigned Public Law No. 100 - 175.