Letters

Today, Rep. Morgan Luttrell (R-Texas), the Chairman of the House Committee on Veterans’ Affairs Subcommittee on Disability Assistance and Memorial Affairs, alongside Rep. Eli Crane (R-Ariz.), Rep. Keith Self (R-Texas), and Rep. Matt Rosendale (R-Mont.), sent a letter to Department of Veterans Affairs (VA) Secretary Denis McDonough regarding recent concerning comments from a Department witness during the subcommittee’s legislative hearing earlier this week. The witness testified, under oath, that the Department “will not comply” with the proposed Veterans 2nd Amendment Restoration Act of 2024 if it were enacted.

“I am deeply concerned by the testimony from the Department of Veterans Affairs’ (VA) witness during the hearing. This statement was not only shocking but entirely unacceptable,” said DAMA Chairman Luttrell. “For a federal agency to openly declare its intent to defy a potential law passed by Congress is a blatant disregard of our democratic process and the rule of law. The VA needs to immediately clarify its position on this issue and commit to complying with the Veterans 2nd Amendment Restoration Act of 2024 should it become law.”

“Separation of power between the legislative, executive, and judicial branches of government has been a fundamental principle of governance since the founding of our nation,” said Rep. Self. “The defiance from Mr. Friel highlights a disturbing trend within the Biden Administration—a willingness to bypass the laws passed by Congress and create outrageous interpretations of statutes to fit their political agenda.”

“Our republic is guided by a document that dictates our country’s laws must be written, administered, and adjudicated by three separate but equal branches of government,” said Rep. Rosendale. “Disturbingly, the Biden-Harris administration feels empowered to shred Article I of the Constitution to keep firearms out of law-abiding veteran’s hands. Laws passed by Congress are not suggestions, they are orders. Veterans deserve the ability to practice the rights granted to them in that document, and the Biden-Harris VA has no right to stand in the way.”

Full text of the letter the Members sent can be found here and below:

Dear Secretary McDonough:

We write to you today to express our deep concern regarding testimony from the Department of Veterans Affairs (VA) witness during yesterday’s House Committee on Veterans’ Affairs Subcommittee on Disability Assistance and Memorial Affairs legislative hearing. The witness testified under oath that the Department “will not comply” with the proposed Veterans 2nd Amendment Restoration Act of 2024 if were enacted. Simply put, this is unacceptable. As co-equal branches of government, we trust you agree that the provisions of the bills Congress passes and the president signs into law are not merely suggestions -- they are mandatory.

The Veterans 2nd Amendment Restoration Act of 2024 mandates the VA to notify the U.S. Attorney General of any transmissions of veterans' personal information to the FBI’s National Instant Criminal Background Check System (NICS). This would apply to any veteran who was assigned a fiduciary to assist them with their VA benefits, but who has not had any judicial court order or finding that they are a danger to themselves or others, which would be improper under current law. As you know, the U.S. Attorney General must update, correct, modify, or remove all such NICS records within 30 days of receiving VA’s notice. However, this bill does not guarantee that veterans listed in NICS for reasons other than being assigned a fiduciary by the VA will be removed from the NICS list, thus allowing them to purchase firearms.

In VA’s July 10th written testimony, the Department stated that if this bill is signed into law, VA “could not comply” because the Department of Justice – an executive branch agency – has interpreted the law as saying that veterans who have fiduciaries to help them handle their VA benefits, have been “adjudicated as a mental defective” and therefore must be reported to NICS.

As such, at yesterday’s hearing, we asked VA’s witness whether it was indeed the Biden administration’s position that VA would not comply with an Act of Congress because of an executive branch agency’s interpretation of law. Alarmingly, VA’s witness confirmed several times it is VA’s position that it will not comply with this policy if the bill was enacted.

When Congress passes a bill that definitively overturns an executive branch agency’s interpretation of the law, the new law takes precedence, replacing the agency’s interpretation. Simply, Congress makes the law, and executive branch agencies are tasked with enforcing those laws. Separation of powers between Congress, the executive branch, and judicial branch is the bedrock of our nation’s government and democracy, regardless of which political party controls the White House. VA, like all agencies, is constitutionally prohibited from selectively ignoring laws.

Refusal by the VA to execute the will of Congress – and therefore the will of the American people – is a gross overreach of the executive branch and will not be tolerated.

We insist that, by no later than July 18, 2024, you submit to us your assurance that if Congress passes the Veterans 2nd Amendment Restoration Act of 2024, VA will comply with that Act of Congress.

Should you have any questions regarding this request, please contact committee staff.

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