* This plan is not final and will be updated as additional information becomes available. Updated Sept. 28, 2015.
The full plan can be downloaded here: VA Contingency Plan Document for OMB 20150928 – FINAL V2.0
Introduction
VA is committed to supporting Veterans and their families even during limited operations in absence of appropriations, commonly known as a government “shutdown”. The Department of Veterans Affairs (VA) is revising its shutdown plan, in accordance with Office of Management and Budget (OMB) Circular A–11, Section 124 (dated July 21, 2010), and OMB memorandum M- 13-22 (dated September 17, 2013). Based on the instructions contained in Circular A-11, the Anti-Deficiency Act, and on guidance offered by VA’s Office of General Counsel, the attached document details VA’s analysis for a potential government shutdown. This contingency document is provided for a short-term shutdown. A long-term event will require further analysis and development.
This document outlines the activities being undertaken by VA in anticipation of a potential government shutdown due to a lapse in appropriations. This document is intended to ensure that VA can perform an orderly suspension of its programs and operations in the unlikely event of a shutdown.
This document outlines programs and resources necessary to ensure the shutdown of VA’s functions if normal operations are suspended. It also applies to all personnel and contractors assigned to or performing services for VA.
Shutdown Contingency Overview
The Department is pursuing a comprehensive approach for a potential shutdown, which includes identifying functions and programs for which there is a legal basis for exception, including those required by “necessary implication” and protection of life and property. VA Administrations and Staff Offices were asked to review their organizations and identify these specific functions and programs (and the employees required to support them). Their decisions were based on long-standing OMB and Justice Department guidance, and the legal opinions of VA’s Office of General Counsel (OGC). VA’s OGC has reviewed this document to ensure compliance with these criteria.
In its shutdown contingency deliberations, VA has consistently worked to establish which of its functions are legally excepted for carrying out services the Department is obligated to provide to the nation’s Veterans and their families. These include the provision of high-quality medical care, compensation and pension benefits, housing, and burial services.
Excepted functions that relate to the Department’s need to protect life and property including the Office of Information Technology (OI&T)’s information systems that support the provision of health services at the Veterans Health Administration (VHA)’s facilities.
During the 1995-96 government shutdowns, a number of VA functions were impacted by the lapse in appropriation:
- VHA did not have an advance appropriation – medical service, support and compliance and medical facilities were limited to those deemed excepted for protection of life and
- Some benefit activities and payments (e.g., Readjustment, Insurance) were
- Loan Guaranty certificates of eligibility and certificates of reasonable value were
However, in anticipating a potential shutdown in 2016, VA must take into account several factors that are different from the 1990s experience. The Department believes these factors provide ample justification for what will be a significant increase in the number of excepted VA employees and functions in the event of a shutdown. They include:
- Advance appropriations for VHA, which accounts for 86% of the VA’s discretionary VA believes that certain key functions that support VHA’s research operations also qualify for exception for protection of life and property.
- Review by OGC and VA program offices determined that if there are balances in discretionary accounts (due to prior year carryover) this funding must be used to continue operations until the balances are
As a result, the Department’s current projection is that 95.5 percent of VA employees would be either fully funded or required to perform excepted functions during a shutdown event. Approximately 318,999 employees (out of a pre-shutdown total of 361,210) are VHA and funded by advance appropriations. Therefore, the number of employees to be retained under the plan meeting A-11, Section 124.2 criteria is 344,889 (of which 318,999 are funded), and number of employees, not otherwise exempt is 16,321.**
Appendix A provides a summary table identifying impact of the shutdown on the workforce to each VA organization
Appendix B provides additional detail concerning VA’s excepted functions along with the Department’s current projected shutdown staffing totals
Appendix C provides a summary of suspended functions within VA
** All data is as of 09-28-2015.
Appendix A. Impact of the Shutdown on the Workforce**
VA ORGANIZATION |
EMPLOYEES DURING NORMAL OPERATIONS |
FULLY FUNDED: WILL CONTINUE TO WORK |
EXCEPTED EMPLOYEES (OTHER LEGAL BASIS: WILL CONTINUE TO WORK) | NON- EXCEPTED EMPLOYEES (SUBJECT TO FURLOUGH) |
Veterans Health Administration (VHA) | 323,621 | 318,999 | 3,542 | 1,080 |
Veterans Benefits Administration (VBA) | 22,111 | 135 | 14,152 | 7,824 |
National Cemetery Administration (NCA) | 1,880 | 0 | 775 | 1,105 |
Office of Information & Technology (OI&T) | 7,874 | 372 | 4,001 | 3,501 |
Board of Veterans Appeals (BVA) | 678 | 0 | 1 | 677 |
Human Resources & Administration (HRA) | 810 | 555 | 5 | 250 |
Office of Acquisitions, Logistics, & Construction (OALC) | 1,436 | 1,179 | 7 | 250 |
General Counsel (OGC) | 711 | 143 | 33 | 535 |
Office of Management (OM) | 834 | 602 | 9 | 223 |
Office of Public and Inter- Governmental Affairs (OPIA) | 77 | 0 | 1 | 76 |
Office of Congressional and Legislative Affairs (OCLA) | 41 | 0 | 1 | 40 |
Office of the Inspector General (OIG) | 690 | 31 | 172 | 487 |
Office of Operations, Security, and Preparedness (OSP) | 197 | 84 | 19 | 94 |
Office of Policy and Planning (OPP) | 117 | 0 | 1 | 116 |
Office of the Secretary | 68 | 0 | 5 | 63 |
Office of Employment Discrimination Complaint Adjudication | 24 | 24 | 0 | 0 |
Office of Small and Disadvantaged Business Utilization | 41 | 41 | 0 | 0 |
Total Department | 361,210 | 322,165 | 22,724 | 16,321 |
*In the event of a prolonged shutdown, VA would need to begin furloughing Excepted employees in VBA and OI&T, and the agency’s Contingency Plan would be updated.
** All data is as of 09-28-2015.
Appendix B. Effect of Lapse of Funding on VA Activities
** All data is as of 09-28-2015.
Veterans Health Administration
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
Veterans Health Administration (VHA)
• Medical services • Medical support and compliance • Medical facilities • Medical and prosthetic research |
• Total:
323,621 • Fully Funded: 318,999 • Excepted: 3,543 • Non-Excepted: 1,080 • Other support organizations required: OI&T, OGC, OALC |
318,999 | Advance Appropriation | Medical services,
Medical support and compliance, Medical facilities |
0 |
|
3,542 | 2-year Appropriation Prior Year Balance | Medical and prosthetic research |
1,080*
*These employees will work until prior year funding runs out |
|||
VHA North Chicago, Captain James A. Lovell Federal Health Care Center (Lovell FHCC)*
• Medical services • Medical support and compliance • Medical facilities |
• Total:
2,176 • Excepted: 2,176 • Non-Excepted: 0 • Other support organizations required: OI&T, OGC, OALC |
2176 | Advance Appropriation Transfer Authority (section 223 of the Consolidated and further Continuing Appropriations Act, 2015 (Public Law 113-235)) | Provision of health care services to eligible VA and DoD beneficiaries at this jointly funded and staffed facility at North Chicago, IL |
|
VA Unit |
Total # of Employees |
# of Exempt
(Fully Funded; will continue work) |
# of Excepted Employees (other legal basis; will continue to work) |
Legal Basis for Decision |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
Veterans Benefits Administration
Administer the following benefit programs:
Compensation, Pension, Education, Vocational Rehabilitation & Employment, Loan Guaranty, Insurance
|
Total: 22,111
(Carryover funding supports all 22,111 for one day)
Effective Oct 2, 2015:
Funded: 135 Excepted: 14,152 Non-Excepted: 7,824
Effective Oct 16, 2015:
Funded: 31 Excepted: 14,152 Non-Excepted: 7,928
|
104 Insurance (thru 10/15/15)
31 Insurance (indefinitely) |
Funded through Trust Fund Reimbursement | Administer the Insurance Program
|
0 | |
98 Insurance | Necessary Implication – Funding available in the Insurance Trust Fund | Administer the Insurance Program
|
60 | |||
780 Loan Guaranty | Authorized by Law, Necessary Implication, Protection of Property – Guaranteed loan financing account funded through Veterans’ fees; Federal Credit Reform Act, 2 U.S.C. § 661c, authorizes new guarantees; Property interests in portfolio loans, owned real estate, existing loan guaranties | Guarantee new home loans and administer the Loan Guaranty Program
|
0 | |||
12,533
Compensation. Pension, Education, Vocational Rehabilitation, Mgt/Support Services |
Necessary Implication – Funding available in mandatory appropriations
|
Ongoing processing and payment of compensation, pension, education, and vocational rehabilitation benefits
|
7,107 | |||
665 National Call Centers
|
Protection of Property and Rights | Staff compensation and pension National Call Centers to protect dates of claim | ||||
11 Finance Center | Necessary Implication – Funding available in mandatory appropriations | Process benefit payments | 57 | |||
65 VBA Headquarters | Necessary Implication – Funding available in mandatory appropriations
Protection of Property and Rights |
Support to RO claims processing
Orderly shutdown activities, communications, triage requests, oversee excepted employees, recall employees, etc. |
600 |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
NCA | 1,880 | 0 | 775 | Protection of life and property; for processing applications for headstones and markers, funding provided by VBA compensation and pension | · Burials (664 excepted)
· Process Applications for headstone and markers (33 excepted) · First Notice of Death (10 excepted) · Oversight and Administration (39 excepted) |
1,105 |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
The Office of Information and Technology (OIT) has lines of business that include: quality, performance and oversight; information security; architecture strategy and design; product development; service delivery and engineering; and IT resource management. | 7,874 (Includes franchise fund of 585 and Reimbursable of 35) | 4,373 | Necessary Implication | Direct and Indirect Support to Administrations and Staff Offices as needed to maintain their excepted functions; Network Maintenance and Protection; Information Security; Data Center Operations; and Enterprise Infrastructure Operations | 3,501 | |
357 | Franchise Fund | Direct and Indirect Support to Administrations and Staff Offices as needed to maintain their excepted functions; Network Maintenance and Protection; Information Security; Data Center Operations; and Enterprise Infrastructure Operations | 251 | |||
15 | Reimbursable | Direct and Indirect Support to Administrations and Staff Offices as needed to maintain their excepted functions; Network Maintenance and Protection; Information Security; Data Center Operations; and Enterprise Infrastructure Operations | 20 |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
Review benefit claims determinations made by local VA offices and issue decisions on appeals | 678 | 0 | 1 | Protection of Life and Property |
Orderly operations during ongoing shutdown |
677
(all employees will remain at work until FY2015 carryover funds are expended; which is approximately 5 workdays. BVA would then move to furlough status) |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
Office of Human Resources and Administration (HRA)
• Administration • Corporate Senior Executive Mgmt • Diversity & Inclusion • Human Resources Management • Labor-Mgmt Relations • Resolution Management |
810 | 555 | Reimbursable (VHA) | Reimbursable funding (VHA). Will provide VHA-related Human Capital Investment Plan support | 250 | |
4 | Necessary Implication | 2 to provide support for VHA-related disciplinary action review boards
2 persons to maintain building operations for the entire VACO campus |
||||
1 |
PA; exceeds maximum GS salary cap |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
Office of Acquisition, Logistics, and Construction (OALC)
Includes: Office of Acquisition and Logistics (502), the Office of Acquisition Operations (378), and the Office of Construction and Facilities Management (394) |
1,436 | Major construction and facilities management support functions will be suspended, specifically:
Land actions; Development of design standards, criteria, and guides; Technical architectural and engineering (A/E) consulting support; Technical real property/architectural and engineering design support; Cost estimating and A/E selection |
250 | |||
888 | Positions funded by Revolving Supply Fund | Acquisition operations, policy and logistics | ||||
35 |
Reimbursed from VHA Advance Appropriation | Oversee lease build-out activities | ||||
130 |
5-year Appropriations |
Oversee major construction project execution at job sites | ||||
7 |
Functions that support activities funded by appropriations that do not expire | Contracting officers and program managers who support VA’s major construction and lease projects |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
Office of General Counsel (OGC) – OGC provides legal advice and services to the SECVA and all organizational components of the Department | 711 | 14 | 0 | Reimbursed through the Credit Reform (Loan Guaranty) revolving fund | Legal advice for funded programs (i.e. the Department’s Loan Guaranty program) | |
49 | 0 | Reimbursed through the Medical Support & Compliance advance appropriation | Legal support for the Department’s medical collections program | |||
58 | 0 | Reimbursed through the Supply Fund revolving fund | Legal support for the Department’s procurement program | |||
22 | 0 | Reimbursed primarily from VHA | Investigatory activity in support of VA accountability | |||
15* | * If the US Court of Appeals for Veterans Claims (CAVC) remains open, but does not grant continuances, the employees would be excepted in order to protect VA property interests in those cases. | Representation of the Secretary for appeals filed with CAVC | ||||
31 | Protection of life and property (to support VHA, VBA, and other funded programs); | Legal advice for funded programs and support to courts; Supervisors to oversee work of excepted employees, triage requests for the protection of life and property (e.g. guardianship requests, end-of-life decisions, etc.) and to decide whether other employees must be recalled | ||||
535 |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
Office of Management (OM)
• Budget • Financial Management • Asset Enterprise Management • Business Oversight • Performance Management • Enterprise Risk Management • Energy & Greening |
• Total:
834 • 24/7: 0 • Funded: 602 • Excepted: 9 • Non- Excepted: 223 ^ Note: Time & Attendance (T&A) included for OM staff ^Non-excepted employees also include 10 in Performance Management and 6 in Enterprise Risk Management. All employees will remain at work until FY2015 funds are expended; then OM would move to furlough status. |
0 | 3 | Necessary Implication | Budget Execution/Controls | 21 |
0 | 2 | Necessary implication | Management Office- Financial Management/Internal Control | 8 | ||
400 (575 authorized) | 0 | Revolving Fund | Financial Services (Austin) | 0 | ||
177 (229 authorized) | 17 | Revolving Fund | Debt Management Center (Minneapolis) | 0 | ||
0 | 3 | Necessary Implication | Payroll, Travel card administration | 70 | ||
8
17 |
1
0 |
Advanced Appropriation (VHA)/Safety and Property
Revolving Fund -7/Advanced Appropriation (VHA)-10 |
Asset Enterprise Management
Business Oversight |
42
66 |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
Office of Public & Intergovernmental Affairs (OPIA)
· Public Affairs · Digital Communications · Field Operations · Media Relations · Intergovernmental Affairs · International Affairs · Tribal Relations · Outreach · Sports Programs |
77 | 0 | 1 | PA Protection of Life and Property | Communicate with Veterans regarding availability and location of continued VA services | 76 |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
Office of Congressional and Legislative Affairs: – Congressional Relations – Communications with Congress – Veterans Legislation
– Constituent Casework – GAO |
41 |
0 |
1 |
PA/PAS |
Confidential policy support to senior VA leadership. Very limited communications with Congress. |
40 |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
Office of the Inspector General (OIG)
• Investigations • Audits • Healthcare Inspections • Management & Administration |
690 | 0 | 1 | PAS | Oversight of excepted employees | |
31 | 0 | Continuing Funding from Supply Fund | Supply Fund Audits | |||
0 | 148 | Protection of Life and Property – Law Enforcement | Support ongoing criminal cases, investigations, and prosecutions | |||
0 | 12 | Necessary implication | Support essential functions of excepted staff | |||
487 |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
Office of Operations, Security, and Preparedness (OSP)
• Office of Security and Law Enforcement • Office of Emergency Management • Office of Personnel Security and Identity Management • Office of Resource Management |
197 | 84 | 19 | Protection of life, property and national security interests | Maintain the Integrated Operations Center and provide Executive Protection
Maintain the Integrated Operations Center
Maintain alternate facilities for continuity of operations Maintain National Security Communications |
94 |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
Office of Policy and Planning
· Strategic Planning · Policy Analysis and Development · VA Governance · Data and Statistical Analysis · Predictive Modeling · Data Governance · VA/DoD Collaboration · Interagency Integration and Collaboration · Multi-year Programming · Program Analysis and Evaluation · Program Management and Oversight of Major Initiatives. |
117 | 0 | 1 | PA/PAS | Orderly operations during ongoing shutdown | 116 |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
The Office of the Secretary (OSVA) provides day-to- day operations support for SECVA, as well as executive-level support and guidance to the entire
Administration |
68 | 0 | 5 | Protection of Life and Property: PA | Department oversight of critical VA operations (SECVA/COSVA); Senior advisors/staff to SECVA/COSVA; Executive support; Strategic communication | 63 |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
The Office of the Secretary (OSVA) provides day-to- day operations support for SECVA, as well as executive-level support and guidance to the entire
Administration |
24 | 24 | 0 | Reimbursable fund (VHA) | Existing duties (Office of Employment Discrimination Complaint Adjudication) | 0 |
VA Unit |
Total # of Employees |
# of Fully Funded (not subject to lapse; will continue to work) | # of Excepted Employees (legal basis; will continue to work) |
Legal Basis for Decision or Full Funding Source |
Functions to be Performed |
# of Non-Excepted Employees (subject to furlough) |
The Office of the Secretary (OSVA) provides day-to- day operations support for SECVA, as well as executive-level support and guidance to the entire
Administration |
41 | 41 | 0 | Reimbursable fund (Supply Fund) | Existing duties (Office of Small and Disadvantaged Business Utilization) | 0 |
Organization | Functions to be Suspended |
VHA | None |
VBA | Overseas Military Coordinator; All Outreach; Education Call Center; All Public Contact Activities; Appeals Teams; Transition Assistance/Predischarge Activities; Chapter 36 Counseling; Vet Success on Campus; Education Compliance; Quality Review/Assurance Programs |
NCA | Processing applications for Presidential Memorial Certificates; Activities at NCA Training Center; NCA will bring in contractors to accomplish interments at those national cemeteries already under contract. NCA will also restrict the number of interments at mid- range cemeteries to 8 per day. |
OSVA | Special program activities; Executive correspondence and communication; Strategic planning and communications; protocol |
OALC | Development of design standards, criteria, and guides; Technical architectural and engineering (A/E) consulting support; Technical real property/architectural and engineering design support; Cost estimating and A/E Selection; Administrative support functions for IT, space, human resources and financial administration |
BVA | Claims appeals will be discontinued. |
OCLA | All functions including: Congressional relations; Responding to congressional requests for information; Processing testimony and questions for the record; Congressional correspondence; Constituent casework; Advisory Committee Management; GAO coordination; Office administrative functions |
OGC | Represent the Secretary before courts, including the US Court of Appeals for Veterans Claims, and other tribunals; Routine legal services for VHA, VBA, NCA and Staff Offices regarding personnel law, ethics, torts, and other legal matters |
HR&A | HR Policy; Recruiting; Hiring; Staffing; Training; Labor-Management Relations; ADR; Diversity; Classification; VACO building maintenance support; Veteran Employment Outreach |
OI&T | Oversight and compliance; Policy functions; Planning functions; Correspondence management; Congressional, GAO, IG, OMB inquires about VA Directives, FOIA, Records Mgmt., and System of Records Management |
IG | Audits and Evaluations; Administrative Investigations; OIG Hotline; Healthcare Inspections; OIG Legal and Release of Information |
OM | Performance Management; Asset Enterprise Management; Green/Energy programs ; Financial policy; Budget Formulation and analysis |
OPIA | All functions including: National programs and special events; Tribal Government Relations; National Veterans Awareness Campaign; Interaction with state and local government and international visitors |
OSP | National Security Planning and Operations; Policy Program Inspections; HSPD-12; Personnel Security and Suitability; Resource Management |
OPP | All functions including: Strategic Planning; Policy Analysis and Development; VA Governance; Data and Statistical Analysis; Predictive Modeling; Data Governance; VA/DoD Collaboration; Interagency Integration and Collaboration; Multi-year Programming; Program Analysis and Evaluation; and Program Management and Oversight of Major Initiatives |
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Well, that blows the bragging about having fewer claims. Reminds me of shutdown in 2013. They were churning out claims pretty good and then happened.
No oversight No strategy No contingency plan. Very reactive not proactive. Proud I dont work for them anymore.
Veterans need to remember this when you go to the poles. Don’t fall for that coming to your church and kissing the baby routine. And check their politics. Makes sure the veteran service organizations are working for you and not just collecting dues.
Thanking me for my service has become a cheap tagline. Every time I hear it from them my mind says you are about to get on.
And at the end of the conversation it is all circle talking. Just Garbage.
How will a potential shut down effect our monthly disability payments.
It is shameful that politicians, who sent people to war, would even think of denying them the care they need. So, they (the politicians) continue to get their healthcare. What do the veterans do??? And I mean all politicians, Republicans & Democrats…although this seems to be a Republican thing.