[Congressional Record Volume 154, Number 148 (Wednesday, September 17, 2008)]
[House]
[Pages H8373-H8375]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       VETERAN VOTING SUPPORT ACT

  Mrs. DAVIS of California. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 6625) to require the Secretary of Veterans 
Affairs to permit facilities of the Department of Veterans Affairs to 
be designated as voter registration agencies, and for other purposes, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6625

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veteran Voting Support 
     Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Veterans serving in foreign wars have performed a great 
     service to, and risked the greatest sacrifice in the name of, 
     our country, and should be supported by the people and the 
     Government of the United States.
       (2) Veterans are especially qualified to understand issues 
     of war, foreign policy, and government support for veterans, 
     and they should have the opportunity to voice that 
     understanding through voting.
       (3) The Department of Veterans Affairs should assist 
     veterans in meeting their medical, social, and civic needs, 
     including the full participation of veterans in our 
     democracy.
       (4) The Department of Veterans Affairs should make every 
     effort to assist veterans to register to vote and to vote.

     SEC. 3. USE OF DEPARTMENT OF VETERANS AFFAIRS FACILITIES AS 
                   VOTER REGISTRATION AGENCIES.

       The Secretary of Veterans Affairs shall permit a State to 
     designate facilities of the Department of Veterans Affairs 
     located in such State as voter registration agencies under 
     section 7 of the National Voter Registration Act of 1993 (42 
     U.S.C. 1973gg-5) solely for the purposes of providing voter 
     registration services under such section to individuals 
     receiving services or assistance from the facility (or 
     applying to receive services or assistance from the 
     facility).

     SEC. 4. ASSISTANCE WITH ABSENTEE BALLOTS.

       In addition to the services required to be provided under 
     section 7 of the National Voter Registration Act of 1993 (42 
     U.S.C. 1973gg-5), any facility of the Department of Veterans 
     Affairs which is designated as a voter registration agency 
     under section 3 shall, with respect to the individuals for 
     whom the facility is required to provide such services--
       (1) provide information relating to the opportunity to 
     request an absentee ballot;
       (2) make available absentee ballot applications and, upon 
     request, assistance in completing such applications and 
     absentee ballots, except that nothing in this paragraph may 
     be construed to waive any requirement under State or local 
     law regarding an individual's eligibility to receive an 
     absentee ballot or vote by absentee ballot in any election; 
     and
       (3) work with local election officials to ensure the proper 
     delivery of absentee ballot applications and absentee 
     ballots.

     SEC. 5. INFORMATION PROVIDED BY NONPARTISAN ORGANIZATIONS.

       The Secretary of Veterans Affairs shall permit a meaningful 
     opportunity, including reasonable time, place, and manner 
     restrictions, for nonpartisan organizations to provide voter 
     registration information and assistance at facilities of the 
     Department of Veterans Affairs.

     SEC. 6. ASSISTANCE PROVIDED BY ELECTION OFFICIALS AT 
                   DEPARTMENT OF VETERANS AFFAIRS FACILITIES.

       (a) Distribution of Information.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     not prohibit any election administration official, whether 
     State or local, party-affiliated or non-party affiliated, or 
     elected or appointed, from providing voting information to 
     veterans at any facility of the Department of Veterans 
     Affairs.
       (2) Voting information.--In this subsection, the term 
     ``voting information'' means nonpartisan information intended 
     for the public about voting, including information about 
     voter registration, voting systems, absentee balloting, 
     polling locations, and other important resources for voters.
       (b) Voter Registration Services.--The Secretary shall 
     provide reasonable access to facilities of the Department of 
     Veterans Affairs to State and local election officials for 
     the purpose of providing nonpartisan voter registration 
     services to individuals.
       (c) Coordination to Minimize Disruption of Regular 
     Activities.--Any election official providing nonpartisan 
     voting information or nonpartisan voter registration services 
     under this section at a facility of the Department of 
     Veterans Affairs shall coordinate the provision of the 
     information or services with the Secretary to ensure that the 
     information or services are provided in a manner which 
     minimizes the disruption of the regular activities of the 
     facility.

     SEC. 7. ANNUAL REPORT ON COMPLIANCE.

       The Secretary of Veterans Affairs shall submit to Congress 
     an annual report on how the Secretary has complied with the 
     requirements of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Mrs. Davis) and the gentleman from California (Mr. 
McCarthy) each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Mrs. DAVIS of California. Mr. Speaker I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Mrs. DAVIS of California. Mr. Speaker, I yield myself as much time as 
I may consume.
  H.R. 6625 will make certain that the Secretary of Veterans Affairs 
provides the voting assistance and opportunities that our veterans 
deserve.
  H.R. 6625 responds to a Department of Veterans Affairs voting 
assistance policy established in May, which was misguided and 
unacceptable. The VA directive permitted voting assistance only if 
requested. It prohibited election officials and nonpartisan 
organizations from providing assistance to our veterans at VA 
facilities. Despite the policy changes made by the Secretary of 
Veterans Affairs last week, the policy still doesn't offer the 
meaningful voter registration and voting assistance our veterans 
deserve.
  H.R. 6625 will require the VA to assist our veterans by permitting 
States to designate VA facilities as voter registration agencies under 
section 7 of the National Voter Registration Act. In addition, the bill 
would prohibit the VA from banning State and local election officials 
and nonpartisan groups from distributing nonpartisan information about 
voting and providing voter assistance at VA facilities.
  Voter registration drives conducted by these election experts have 
energized millions of voters who historically have not participated in 
elections. H.R. 6625 requires that nonpartisan groups with the 
expertise and experience be allowed to assist veterans with the voting 
process with minimal disruption to facility operations.
  My district in San Diego is home to a large concentration of 
veterans. I

[[Page H8374]]

know that the future of our country matters so much to them, and they 
want to be involved. Certainly, the veterans who have fought and 
suffered to protect our democracy should be given every opportunity to 
vote.
  Much has been said about the importance of this bill for voter 
registration, but I'd like to draw your attention to section 4 because 
it may be the most important part.
  Section 4 provides veterans with assistance in voting by absentee 
ballot, also called voting by mail. It requires that absentee request 
forms be available in VA facilities and ensures that veterans can get 
help completing their absentee materials and returning them to the 
elections office.
  Why is this so important? Not only does voting by mail save voters 
what can be a difficult trip to the polls, but it allows them more time 
to study their choices. For veterans, having time to vote without the 
pressure of a line of people behind them is especially helpful because 
many are voting in new jurisdictions where candidates and issues may 
not be familiar to them. Further, some of their illnesses or injuries 
mean they need additional time to mark their choices.
  Unfortunately, voting absentee is not as straightforward a process as 
it should be in many places. State rules vary widely about who can vote 
absentee and how. Some States have forms with plenty of fine print, 
others require a formal letter just to request an absentee ballot, and 
some States even insist on doctors' notes or notary signatures. And of 
course, different States have a range of deadlines that must be met.
  To make sure that votes count, some veterans could really use 
assistance navigating this overly complex process. I am pleased that 
our committee passed my legislation to lift some of the restrictions on 
voting by mail, and it is my sincere hope that we will make voting 
absentee more doable for everyone.
  In the meantime, the least we can do for our brave veterans is to 
give them a little help with their absentee ballots.
  I want to thank Mr. Ehlers for working with the committee to draft 
language that guarantees our veterans will always receive the voter 
assistance they need. I would also like to thank the 54 colleagues who 
have joined Mr. Brady and me to introduce this legislation and 
especially applaud the dedication and work that Representatives Filner 
and Watson have shown on this issue.

                              {time}  1930

  Our veterans have dedicated their lives to protecting our democracy 
and our government and we should be dedicated to ensuring veterans that 
they are given every opportunity to vote and participate in the very 
democracy they defend.
  I urge all Members to support this legislation.
  I reserve the balance of my time.
  Mr. McCARTHY of California. Mr. Speaker, I rise today in support of 
H.R. 6625 which would permit facilities of the Department of Veterans 
Affairs to be designated as voter registration agencies.
  As I have stated in the past, it is important that we ensure that 
every vote is counted and that every citizen is able to cast a ballot. 
As a part of that effort, I'm pleased to join in support of this bill 
which would designate veteran facilities as voter registration 
agencies. Doing so will allow those who have risked their lives for our 
freedom an opportunity to register to vote and make their voices heard.
  I am also pleased that Chairman Brady addressed our chief concern 
with the original version of the bill, that the desire to facilitate 
the voting process for patients does not supersede patient care due to 
intrusion by third party groups in VA facilities. This bill's original 
language stated that nonpartisan groups would have ``reasonable 
access'' to veterans in order to encourage voter registration. The word 
``reasonable'' means different things to different people, and we would 
hate to see a veteran who wishes to convalesce in a private setting be 
intruded upon by activists from a voter registration group, however 
well intended they may be. Also, some patients may choose not to cast a 
ballot, and they should not feel pressured to do so.
  Language was added to this bill that stipulates that third party 
groups must work with the administrator of each VA facility to ensure 
their efforts will not infringe upon a patient's right to privacy and 
that their practices would not in any way disturb patients' recovery.
  Implementing this provision will require a commitment of time and 
personnel from the Veterans Administration. It is my sincere hope that 
in acting as a liaison between their patients and outside groups, the 
VA will not siphon off precious time and resources intended to improve 
patient care.
  Also, while the intention of this program is to ensure that our 
Nation's veterans are more easily able to cast a vote, the passage of 
the bill should not be taken as an invitation to disregard the absentee 
voting programs implemented at the State level in favor of turning 
Federal, State, or NVRA designated agencies into voting locations.
  Veterans also require months of care as a result of their injuries 
and have limited mobility during that time. This bill was crafted with 
their unique circumstances in mind, and it is not intended to be a 
gateway to similar programs at other agencies. When it comes to 
establishing voting locations outside of each State's established 
protocols, this bill should be considered the exception, not the rule.
  Again, I would like to thank Chairman Brady for his leadership on 
this issue and his commitment to improving this bill in a bipartisan 
fashion.
  I reserve the balance of my time.
  Mrs. DAVIS of California. Mr. Speaker, I am pleased to yield 4 
minutes to Representative Watson of California.
  Ms. WATSON. Mr. Speaker, I rise today in support of H.R. 6625, the 
Veteran Voting Support Act.
  In May of 2008, the Department of Veterans Affairs passed Directive 
2008-25 that prohibited third party nonpartisan voting rights groups 
from holding voter registration drives on VA grounds. Outraged by this 
stance that the VA had taken, I, along with 54 of my colleagues, 
including Chairman Brady and Chairman Filner, sent two letters to VA 
Secretary James Peake requesting he overturn the policy.
  As we returned from the August recess, on September 9, 2008, the VA 
passed a new policy directive, 2008-53. The new directive now allows 
State and local election officials and nonpartisan groups to give 
veterans access to their fundamental right to vote. We applaud the VA 
for overturning its previous directive, and I believe it is a step in 
the right direction. But the new policy still falls short of providing 
veterans complete access to voting in VA facilities. So H.R. 6625 will 
fix that problem.
  The Veteran Voting Support Act would designate VA facilities as voter 
registration agencies under section 7 of the National Voter 
Registration Act of 1993 which requires public assistance organizations 
provide voter registration opportunities by offering information 
related to requesting an absentee ballot, making absentee ballot 
applications available, and require the VA to work with elected 
officials to ensure the delivery of absentee applications and absentee 
ballots.
  Currently, our Nation is fighting wars in Iraq and Afghanistan, and 
as a consequence, our veterans are returning home with catastrophic 
injuries that require them to reside in a VA facility for extended 
periods of time to receive treatment for their wounds. This is why it 
is absolutely imperative that we give the selfless stewards of the 
Constitution complete access to voting in our elections. It is because 
of the sacrifice of men and women in the Armed Forces why we are free.
  Mr. Speaker, I would like to thank Chairman Brady and Chairman Filner 
for working with me on the legislation, and I urge my colleagues to 
support H.R. 6625.
  Ms. ZOE LOFGREN. Mr. Speaker. I rise in support of H.R. 6625 and 
commend Chairman Brady for introducing this important piece of 
legislation, the Veterans Voting Support Act of which I am an original 
cosponsor.
  This legislation is significant to me because the issue of 
registering veterans to vote was born out of concern by one of my 
constituents, Steve Preminger. Steve went to the Department of Veterans 
Affairs (VA) nursing home in Menlo Park, CA to register veterans. 
Almost immediately, VA officials threw him out. The VA has since 
explained that its decision to evict Preminger was part of a policy 
that bars outside groups from registering voters who live

[[Page H8375]]

in VA nursing homes, hospitals, and transitional housing for homeless 
veterans. For the past four years Mr. Preminger has litigated to ensure 
that all veterans living on VA property have access to voter 
registration
  I applaud the VA for its recent change in policy allowing state and 
local election officials and non-partisan groups to access VA 
facilities to assist officials in registering veteran voters who are 
receiving care. But issuing a new policy is not enough and I question 
the agencies commitment to it. Last Friday, September 12, 2008, the San 
Francisco VA prohibited Veterans for Peace (``VFP''), a 501(c)(3), from 
registering voters, even though the ``directive'' instructs local 
officials to ``facilitate'' nonpartisan groups who wish to register 
voters.
  As Paul Sullivan of Veterans for Common Sense stated in his testimony 
yesterday before the Senate Committee on Rules, ``The VA has changed 
their policy on veteran voting rights three times in the past five 
months. VA can easily reverse course again and issue yet another policy 
banning voting assistance for veterans living in VA facilities.''
  I support this legislation, but am concerned that the protection for 
``nonpartisan'' activities may create the inference that a government 
agency can regulate private ``partisan'' conversations just because 
they are on federal property, even though there is no apparent 
government sponsorship.
  Over 5.3 million veterans (23.2 percent of all veterans) were not 
registered to vote in 2006. Veterans have dedicated their lives to 
protecting our country and deserve every commitment from the government 
to offer them the opportunity to participate in the political process. 
With November rapidly approaching it is imperative that we act both 
swiftly and vigilantly in passing H.R. 6625.
  Mr. SCOTT of Virginia. Mr. Speaker. I rise in support of H.R. 6625, 
the Veterans Voting Support Act, which contains several provisions to 
help Veterans as they participate in the political process. First, it 
will require the Secretary of Veterans Affairs to allow States to 
designate V.A. facilities as voter registration agencies. The bill will 
also require V.A. facilities to provide information and assist election 
officials to ensure proper delivery of voting material. Additional, the 
bill prohibits the Secretary of Veterans Affairs from restricting non-
partisan organizations and state election organizations from providing 
information at V.A. facilities. This bill will help to prevent 
Department of Veterans Affairs policies from withholding information 
from Veterans on voter registration and voting.
  The Department of Veterans Affairs previously adopted a policy that 
prohibits voter registration drives on V.A. grounds. The Department of 
Veterans Affairs recently changed that policy and now allows state and 
local election officials as well as non-partisan organizations to 
provide veterans help. However, the language of the policy still allows 
individual V.A. facilities to restrict access to these groups. This 
legislation will guarantee that individuals and organizations with the 
appropriate knowledge are given the right to assist our veterans in the 
voting registration process.
  Our veterans have dedicated their lives to our country's safety and 
deserve the opportunity to be assisted in the political process. Given 
that many of our veterans are disabled or ill with special assistance 
needs as a result of their service to our country, we should make every 
possible accommodation to provide them with the assistance they need to 
take a part in the political process and have their voices heard. It 
would be ironic for those fighting for our freedom and ability to 
participate in our democracy to themselves be denied the ability to 
participate.
  I commend Rep. Brady, the gentleman from Pennsylvania, for his hard 
work on this bill and urge my colleagues to support it.
  Mr. MURPHY of Connecticut. Mr. Speaker, I would like to thank my 
friend Chairman Brady for bringing this legislation to the floor today, 
and for his work to ensure that our veterans are full and able 
participants in our democracy.
  As you know, Mr. Speaker, last week, the VA revised its wrongheaded 
directive barring nonpartisan voter registration drives at VA 
facilities. Clearly, the VA felt the overwhelming bipartisan pressure 
from local, state and federal members who supported this legislation, 
as well as the Secretaries of State and countless veterans throughout 
the country who rightfully decried it. We have asked enormous 
sacrifices of our men and women in uniform, and it is simply 
unconscionable to deny them the right to participate in a government 
for which they have so valiantly served and fought for.
  However, our presence here today attests to the fact that this fight 
is not yet over--while the VA has acted wisely in withdrawing their 
directive, they still retain the ability to reinstate it at some future 
date. The VA's recent policy shifts on voting registration have been 
sudden and unpredictable, and there is precious little assurance that 
they will not undergo another change of heart.
  That is why I am a strong supporter of H.R. 6625. I have been to 
Connecticut's VA Hospitals and clinics, and I have seen and spoken with 
the generations of proud veterans those facilities care for and serve. 
They want to be able to enjoy the freedoms they worked to defend, and 
they deserve to be able to do so at VA facilities. Connecticut's 
Governor, Secretary of State, and Attorney General have joined this 
fight and support the legislation before us because they know our 
veterans' rights should not just be protected today, but for 
generations to come as well.
  Not only will H.R. 6625 guarantee the right of veterans to register 
to vote at VA facilities, but the bill will also limit restrictions and 
expand access for nonpartisan voter drives and ensure that veterans get 
the assistance they need to complete the voter registration process. In 
an election year such as this, it's important that veterans, with their 
unique experience in serving their country, have their voices heard.
  I urge my colleagues to support this bill and stand up for our 
veterans.
  Mr. McCARTHY of California. Mr. Speaker, I have no further speakers, 
and I yield back the balance of my time.
  Mrs. DAVIS of California. Mr. Speaker, I urge passage of the 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Mrs. Davis) that the House suspend the 
rules and pass the bill, H.R. 6625, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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