[Public Papers of the Presidents of the United States: George H. W. Bush (1992-1993, Book II)]
[October 28, 1992]
[Pages 2056-2057]
[From the U.S. Government Publishing Office www.gpo.gov]



Statement on Signing the Veterans Home Loan Program Amendments of 1992
October 28, 1992

    Today I am signing into law H.R. 939, the ``Veterans Home Loan 
Program Amendments of 1992.'' On balance, the bill improves the Veterans 
Home Loan Program by authorizing new programs and expanding or extending 
existing programs.
    I am, however, concerned that certain provisions of this bill raise 
serious constitutional concerns. For example, the race-based 
classification of ``Native Hawaiian'' cannot be supported as an exercise 
of the constitutional authority granted to the Congress to benefit 
Native Americans as members of tribes. Therefore, this classification 
would be subject to the most exacting equal protection standards. I 
direct the affected Cabinet Secretaries to consult with the Attorney 
General in order to ensure that the

[[Page 2057]]

program is implemented in a constitutional manner.
    In addition, the bill purports to require the Secretary of Veterans 
Affairs to recommend future legislation regarding a pilot program for 
housing loans to Native American veterans. The Constitution grants 
exclusively to the President the power to recommend to the Congress such 
measures as he judges necessary and expedient. The Congress may not by 
law command the President or his subordinates to exercise the power that 
the Constitution commits to his judgment. Therefore, I will treat this 
requirement as advisory rather than mandatory.

                                                             George Bush

The White House,
October 28, 1992.

                    Note: H.R. 939, approved October 28, was assigned 
                        Public Law No. 102-547.