Review - HR 8469 Introduced – FY 2027 MilCon Spending

 Last week, Rep Carter (R,TX) introduced HR 8469, the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2027. The Committee Report on the legislation has been published. This is the first FY 2027 spending bill introduced. It would provide appropriations for military construction, the Department of Veterans Affairs, and related agencies. There are no cybersecurity provisions in the bill, but there are two cybersecurity discussions in the Report. 

Moving Forward   

 The MilCon spending bill is typically one of the least controversial spending bills, but it still only drew party-line support last year. The relatively low increases in spending are unlikely to draw ire from the fiscal flank of the Republican House. Interestingly, there may be increased (over last year) Democratic support for this bill, with the ‘Minority View’ section on page 120, concluding:  

 “While the bill is not the bill Democrats would have written, it is a much-improved bill from last year. The Chairman worked in good faith towards bipartisanship both in drafting his bill and in the compromise reached during full committee markup, leading to unanimous passage out of full committee. We look forward to continuing to work with the majority as the bill moves through the process.” 

For more information on the cybersecurity provsions of this bill and report, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-8469-introduced-fy-2027-milcon - subscription required.  

HR 3944 Considered in Senate – MilCon Spending – 7-23-25

Yesterday the Senate continued their consideration of HR 3944, the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act. There were 41 amendments proposed with most being proposed revisions to SA 2976, the substitute language that was proposed on Tuesday.

Of potential interest here is SA 2977, another proposed substitute language by Sen Collins (R,Me). Similar to Tuesday’s SA 2976, Division A of that amendment would be the Military Construction, Veterans Affairs, and Related Agencies Appropriations portion; Division B would be the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations, portion; Division C would be the Legislative Branch Appropriations, 2026 portion. This version would add Division D, Commerce, Justice, Science, and Related Agencies Appropriations. That Division D language would presumably be based upon S 2354 (a House version has not yet been introduced). At this point it is not clear which version of substitute language will form the basis for the Senate’s consideration of HR 3944.

Senate to Consider HR 3944 – FY 2026 MilCon Spending

On Thursday the Senate began the process to begin consideration of HR 3944, the FY 2026 Military Construction, Veterans Affairs, and Related Agencies Appropriations Act. A cloture motion was filed to close debate on the motion to proceed to consideration of HR 3944. The Senate will take up that cloture motion next week.

This begins the lengthy regular order process in the Senate. We should start to see amendments offered next week. Where the House uses the Rules Committee to select which amendments make it to the floor for consideration, the Senate Majority Leader, Sen Thune (R,SD), in consultation with the leadership of both Parties, decides which amendments to consider. Generally, votes in the Senate require a 3/5^th majority vote.

While this bill is of lower interest here than many of the remaining 11 spending bills, this is the one that is most likely to be able to pass in both the Senate and House. Having said that, spending bill language that can meet the 60-vote threshold in the Senate will have a hard time getting past the conservative fringe in the House. This bill will be an interesting look at whether the 119^th Congress can get past recent history and get any spending bills to the President by September 30^th, 2025.

HR 8580 Passed in House – FY 2025 MilCon Spending

Yesterday, the House finished their consideration of the first FY 2025 spending bill, HR 8580, the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2025 (MilCon Spending), passing the bill by a near party-line vote of 209 to 197 with 25 members not voting. While President Biden has threatened to veto this bill because of “partisan policy provisions”, the bill will probably undergo serious revisions when (if) it is considered in the Senate.

The Senate Appropriations Committee has yet to draft any of the 12 spending bills, but the language of the Senate MilCon spending bill will form the basis for the substitute language that will be considered in the Senate. When (if) that amended bill is passed in the Senate, it will have to go to a conference committee to work out a compromise version that can pass in both houses.

Commentary

It is good to see the House move a spending bill to completion this early. Normally that would forebode a good chance for at least some spending bills to make it to the President’s desk before the start of the fiscal year. However, the strong push by the Republican leadership to include deal preventing policy provisions in the bill shows that the leadership still (even after last year’s spending mess) thinks that they can force the Democrats in the Senate and White House to acquiesce to their policy demands. Either that, or this is a purely political ploy to fire up their base for November’s election. In either case I am sanguine about the chances of any spending bills passing before the election; maybe we will get a continuing resolution to keep the government underfunded.

On the plus side (I am reaching here), they did manage to formulate and approve a rule for the consideration of the bill in the Rules Committee and pass that rule on the Floor of the House. They could not always get that done last year. Of course, they did it by pandering to the fringe. It will be interesting to see if they can play grownup politicians and move something to the President’s desk.

First FY 2025 Spending Bill Teed Up in House

Yesterday, the House Rules Committee announced the deadline for submitting amendments to be considered during the consideration of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2025. That deadline is next Wednesday while the House is out on their Memorial Day recess. This means that the bill is likely to be considered the following week when they return on June 3^rd (Rules Committee hearing likely on June 3^rd, rule vote in the House possible on June 4^th).

A quick review of the Committee Print of the bill reveals nothing of specific interest here (not unusual). Last year’s Consolidated Appropriations Act (HR 4366) provided $2,022,775,000 overall military construction spending under DIVISION A, Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024. The Committee draft proposes $2,217,757,000, a 9.6% increase over last year. This bill affects spending in almost every congressional district in the country. It is easy to see why the Leadership is stepping up with this bill first.

On the other hand, veterans’ compensation spending drops from $15.1 billion to $9.8 billion (pg 26), a 35.1% decrease.

HR 4366 Passed in Senate – Consolidated Appropriations Act

Yesterday, the Senate completed action on HR 4366, the Consolidated Appropriations Act. After adopting the substitute language for the House bill, the Senate voted 82 to 15 to pass the amended legislation. The final bill includes the Senate version of original Military Construction spending bill (S 2127), and also the Senate’s ARD spending (S 2131) and THUD spending ( 2437) bills. Earlier in the day, the Senate rejected four additional amendments (none of specific interest here) by recorded votes.

The bill now goes back to the House for approval of the changes made by the Senate. There is no chance that that will occur, the House will insist on their version of the bill, and it will be referred to a conference committee to work out a version of the bill that could pass in both chambers. In a good year, this behind-closed-doors work takes weeks of political give and take, and a compromise is reached that no one totally likes and, it is presented to the two bodies. After much speechifying and objection, the final bill is passed and the President signs the legislation.

Depending on who gets appointed to the Conference Committee (In the House, Republicans by the Speaker, Democrats by the Minority Leader) this conference could end up being very acrimonious. There is a very real possibility that intransigent Republican negotiators could insist on their spending levels and policy riders and kill any possibility of a compromise. If a compromise bill is crafted, it will be rejected by a significant number of Republicans in the House and the bill will require at least an equal number Democrats to vote for the bill if it is to pass. The last time a spending bill required bipartisan support to pass (back at the end of September, remember that?) the Speaker lost his job, and the House was plunged into Speaker Chaos 2.0.

Oh, and remember November 17^th is the date currently set by which all twelve spending bills (not just these three) have to be signed by the President to keep the government open. This bill (forget the other nine) is unlikely to be out of conference by that date, much less signed by the President. So, we will almost certainly see a continuing resolution fight before that date.

Senate Continues Consideration of HR 4366 Amendments – FY 2023 MilCon Spending – 10-31-23

Yesterday, the Senate continued to consider amendments to HR 4366, the Military Construction, Veterans Affairs, and Related Agencies Appropriations (MilCon) Act, 2024. The Senate considered 5 amendments (none of specific interest here), adopting three (SA 1200, SA 1349, and SA 1177) and rejecting two (SA 1296 and SA 1243). Consideration of further amendments will continue today.

Senate Considered HR 4366 – FY 2024 MilCon Spending Bill – 9-20-23

Yesterday, the Senate continued their consideration of HR 4366, the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024. The cloture vote for ending debate on providing unanimous consent to suspend Rule XVI for the consideration of Schumer (for Murray/Collins) Amendment No. 1092, failed by a vote of 49 to 48 (60 votes required). Sen Schumer entered a motion to reconsider the vote. No other action was taken on the floor on this bill.

Negotiations continue with Sen Johnson (R,WI) on his objection under Rule XVI to proceeding with the debate on the substitute language that expands this legislation to include two other spending bills (ARD and THUD). Johnson may get his vote on the amendment that would end government shutdowns when spending bills are not passed by the end of the fiscal year. Interestingly, that amendment would also violate Rule XVI.

Eight additional amendments to HR 4366 were proposed yesterday, none of which are of specific interest here.

Senate Considered HR 4366 – FY 2024 MilCon Spending Bill – 9-18-23

Yesterday, the Senate continued their consideration of HR 4366, the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024. The cloture vote on waiver of Rule XVI for the of the amendment providing for substitute language (SA 1092). That vote is now scheduled for this morning. There were 26 new amendments offered for this legislation, none of which are of specific interest here.

Senate Considered HR 4366 – FY 2024 MilCon Spending Bill – 9-18-23

Yesterday, the Senate continued their consideration of HR 4366, the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024. The Senate is processing a motion to suspend Rule XVI for the of the amendment providing for substitute language (SA 1092). That suspension is necessary because the substitute language expands the scope of bill by adding two additional spending bills and Sen Johnson (R,WI) objected last week to a unanimous consent motion to suspend the rule. A cloture motion was filed and a potential vote on cloture could occur today.

Fourteen additional amendments were proposed for HR 4366 yesterday. None of them are of specific interest here.

Senate Considered HR 4366 – FY 2024 MilCon Spending Bill – 9-13-23

Yesterday, the Senate continued their consideration of HR 4366, the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024, continuing the debate on moving to consider the bill. A vote is expected today that would allow the Senate to begin debating amendments to the bill, including the substitute language that would expand the bill into a three-bill minibus covering MilCon, ARD, and THUD.

There were 61 new amendments proposed for HR 4366. One, SA 1157 offered by Sen Paul (R,KY), would provide substitute language for the proposed Divisions B and C that would be added in the substitute language being offered for HR 4366. I have not read the full amendment, but based upon some random spending levels it looks like this amendment is based upon language from HR 4368 (the House ARD bill that was effective quashed in July) and HR 4820 (the House THUD bill which I have not yet reviewed). The spending levels are lower than the Senate Appropriations Committee’s figures, but not low enough to appease the Republican 11.