Statement of Administration Policy: S. 2681 - Native Hawaiian Health Care Improvement Act

(SENT 9/29/92)
(House)
(Inouye (D) HI and Akaka (D) HI)

The Administration opposes enactment of S. 2681 due to substantial constitutional concerns about certain provisions of the bill.

The programs proposed in S. 2681 would provide certain health care benefits based upon racial classifications unconnected to any requirement of tribal membership. Specifically, sections 6(c)(3), 12(3), and 12(10) base eligibility for benefits on Hawaiian ancestry. These provisions raise serious constitutional concerns under the Equal Protection Clause and the equal protection component of the Due Process Clause of the Fifth Amendment.

Accordingly, the Administration strongly urges that S. 2681 be removed from consideration under Suspension of the Rules and amended on the House floor to address the above concerns.