Statement of Administration Policy: H.R. 3944 - Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2026

STATEMENT OF ADMINISTRATION POLICY

(House Rules)
(Rep. Carter, R-TX)

The Administration appreciates the investments made in the Nation's veterans and military construction in H.R. 3944, which makes appropriations for military construction, the Department of Veterans Affairs (VA), and related agencies for the fiscal year (FY) ending September 30, 2026, and for other purposes.

The Administration welcomes the House's consideration of individual appropriations bills, and looks forward to working with the Congress to enact legislation that fully funds essential programs, like veterans' benefits, while cutting funding contrary to the needs of ordinary working Americans, as reflected in the President's FY 2026 Budget request.

Veterans' access to timely, high-quality healthcare and services is a top priority for the Administration, and the Administration appreciates the bill's provision of $133.9 billion in discretionary funding for the VA, a $4.7 billion increase above the FY 2025 enacted level. The Administration looks forward to working with the Congress to ensure that our Nation's heroes have access to the benefits they have earned.

The Administration would like to share additional views regarding the House Appropriations Committee's (Committee) version of the bill.

Department of Veterans Affairs

VA Medical Care FY 2026 Appropriations. The Administration appreciates the $116 billion in discretionary appropriations that the Committee provides for VA Medical Care in the bill. Along with the $52.7 billion in Toxic Exposures Fund funding, this level would enable VA to support key Administration priorities for veterans such as increasing their access to mental health care, homelessness programs, substance use disorder initiatives, and suicide prevention services, as well as investments in other critical areas. The Administration also appreciates the continuing flexibility to provide veterans with the robust array of medical care services they deserve.

Electronic Health Record Modernization (EHRM). While the Administration appreciates the $2.5 billion in funding for the EHRM program, it reiterates the need to provide the full $3.5 billion included in the FY 2026 Budget request. At the level included in the bill, VA would be unable to continue with its planned accelerated deployment schedule that supports 26 site deployment starts. The Administration urges the Congress to give full consideration to the FY 2026 Budget request.

VA Building Rental Assistance for Veteran Empowerment. The Administration appreciates the $970 million provided in the bill to end veteran homelessness by creating a rental assistance program for veterans experiencing, or at-risk of, homelessness and enabling innovative activities to improve prevention, support, treatment, long-term care, or return to independence. The Administration looks forward to continuing to work with the Congress to end veteran homelessness.

Department of Defense (DOD)

Military Construction and Family Housing. The Administration looks forward to working with the Congress to refine the funding levels and project allocations for military construction and family housing. Currently, the bill is $0.9 billion below the FY 2026 Budget request for military construction and family housing and is not aligned with the needs of DOD. To meet critical operational requirements to reestablish deterrence and improve the quality of life for military members, the Administration urges the Congress to give full consideration to the FY 2026 Budget request.

Constitutional Concerns

Certain provisions of the bill raise separation of powers concerns, including by conditioning the Executive authority to take certain actions on receiving the approval of the House and Senate Committees on Appropriations. The Administration looks forward to working with the Congress to address these and other concerns.

Section 240 would unconstitutionally obstruct presidential supervision of the Executive Branch and the exercise of executive privilege by prohibiting the Secretary of Veterans Affairs from entering into agreements with any individual, including VA employees, that "would restrict in any way the individual from speaking to members of Congress or their staff" on topics not otherwise prohibited from disclosure by Federal law or required by executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. This provision fails to cover other components of constitutionally based executive privilege, such as presidential communications, deliberative process information, or law enforcement files. It also unconstitutionally limits the President's ability to supervise and control the work of subordinate officers and employees of the Executive Branch. Section 240 should be eliminated from the bill.

The Administration looks forward to working with the Congress as the FY 2026 appropriations process moves forward.