[Congressional Record Volume 155, Number 119 (Monday, August 3, 2009)]
[Senate]
[Pages S8683-S8685]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Kerry, Mr. Dodd, Mr. Leahy, 
        and Ms. Mikulski):
  S. 1556. A bill 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; to 
the Committee on Veterans' Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Veteran Voting 
Support Act of 2009 with Senator Kerry, and our cosponsors: Senators 
Dodd and Leahy.
  This is a straightforward bill that shows our veterans the respect 
that they deserve. Veterans have supported and served our Nation--many 
at great risk and sacrifice. It is unacceptable for us to allow 
barriers to exist that make it more difficult for them to exercise 
their right to vote.
  The bill that Senator Kerry and I are introducing today would require 
the Department of Veterans Affairs to take steps to assist veterans 
with voter registration and to make it easier for them to obtain 
ballots and cast their votes.

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  The most recent Census data we have--from a 2005 report--indicates 
that more than 20 percent of our veterans are not registered to vote. 
That means that almost 5 million veterans do not have an opportunity to 
cast their ballots.
  Yet, we have massive VA programs in place that provide veterans with 
healing and medical care, and ensure that they thrive on their return 
from military service.
  In total, there are 1,261 total VA facilities. The Veterans Health 
Administration operates 155 medical centers, 135 nursing homes, 717 
ambulatory care and clinic facilities; 45 residential rehabilitation 
treatment programs, and 209 vet centers.
  In those facilities there are as many as 5 million veterans who are 
not registered to vote. That strikes me as a critical need unmet.
  Even more disturbing, in certain cases, the VA has been hostile to 
calls for it to facilitate voter registration and voting.
  More than 2 years ago, I learned that a Department of Veterans 
Affairs facility in California had been opposing voter registration 
services since 2004. I began inquiring and received conflicting 
answers, but what was clear was that there was no cooperation or work 
to help veterans that used the facility to vote.
  In Connecticut, Secretary of State Susan Bysiewicz defied the VA's 
directive and tried to gain entry to a West Haven VA facility.
  She intended to provide nonpartisan voter registration services, as 
well as to show veterans how to use the new disabled-access voting 
systems.
  Guess what. She was turned away at the door.
  As she was standing outside the door, she met a 91-year-old 
gentleman, a veteran of World War II. Secretary Bysiewicz asked him if 
he would like to be registered to vote, and he said that he would.
  After registering, he made the comment that ``I wanted to do this 
last year--but there was no-one there to help me.'' That is wholly 
unacceptable.
  Last year, throughout the year, Senator Kerry and I exchanged 
multiple letters with the VA on this issue. We were told that VA 
officials believed providing voting support or allowing groups to do so 
would violate the Hatch Act.
  The Hatch Act, however, prohibits partisan political activities from 
being conducted by Federal employees, on official time. It has not been 
interpreted to include nonpartisan voter registration by the Office of 
Special Counsel, which interprets the Hatch Act. Furthermore, the 
veterans served by VA facilities are generally not Federal employees.
  The VA then argued that nonpartisan voter registration services would 
cause ``disruptions to facility operations.''
  That claim is even more dubious. Unless ``Rock the Vote'' comes to VA 
facilities, voter registration drives are about as tame an activity as 
you can get.
  The law allows the Federal Government to choose to assist people with 
voter registration if the State requests that a federal agency be 
designated as a registration facility under the National Voter 
Registration Act and the agency accepts. Several States, including my 
home State of California, under the leadership of Secretary Bowen, 
asked the VA designate facilities within their States under the 
National Voter Registration Act. But they were refused.
  Finally, after much negotiation, the VA settled on a new and 
substantially improved policy that allows state and local election 
officials, as well as nonpartisan groups, access to VA facilities for 
voter registration as long as they coordinate with the facility. This 
is a significant improvement, no doubt.
  I believe, however, that Federal law is still necessary to ensure 
that these voluntary policies are never rolled back, and that 
enforcement mechanisms are in place.
  This is why we are introducing the Veteran Voting Support Act of 
2009. The bill would require the VA to provide voter registration forms 
whenever veterans enroll in the VA health care system, or change their 
status or address in that system.
  It would say that VA facilities must assist veterans who have trouble 
with their voter registration forms in the same way that they help 
veterans fill out other forms, and it would say that veterans must be 
able to access and receive assistance with absentee ballots at VA 
facilities.
  It would allow nonpartisan groups and election officials to provide 
nonpartisan voter information and registration services to veterans.
  And it would allow Attorney General enforcement through civil suits 
and injunctions and require an annual report to Congress from the 
Department of Veterans Affairs on progress related to this legislation.
  It is a cornerstone of our democracy that every eligible citizen 
should be registered and able to cast their vote.
  This bill recognizes that nonpartisan and civil rights groups have 
long played a critical role in helping people with the voter 
registration process.
  I believe it is time that we ensure that the Department of Veterans 
Affairs will provide veterans with the support they deserve to 
register, cast their vote, and have that vote counted.
  I hope my colleagues will join me in supporting the Veteran Voting 
Support Act of 2009.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1556

       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 
     of 2009''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Veterans 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 to register to vote and to vote.

     SEC. 3. VOTER REGISTRATION AND ASSISTANCE.

       (a) In General.--The Secretary of Veterans Affairs (in this 
     section referred to as the ``Secretary'') shall provide a 
     mail voter registration application form to each veteran--
       (1) who seeks to enroll in the Department of Veterans 
     Affairs health care system (including enrollment in a medical 
     center, a community living center, a community-based 
     outpatient center, or a domiciliary of the Department of 
     Veterans Affairs health care system), at the time of such 
     enrollment; and
       (2) who is enrolled in such health care system--
       (A) at any time when there is a change in the enrollment 
     status of the veteran; and
       (B) at any time when there is a change in the address of 
     the veteran.
       (b) Providing Voter Registration Information and 
     Assistance.--The Secretary shall provide to each veteran 
     described in subsection (a) the same degree of information 
     and assistance with voter registration as is provided by the 
     Veterans Administration with regard to the completion of its 
     own forms, unless the applicant refuses such assistance.
       (c) Transmittal of Voter Registration Application Forms.--
       (1) In general.--The Secretary shall accept completed voter 
     registration application forms for transmittal to the 
     appropriate State election official.
       (2) Transmittal deadline.--
       (A) In general.--Subject to subparagraph (B), a completed 
     voter registration application form accepted at a medical 
     center, community living center, community-based outpatient 
     center, or domiciliary of the Department of Veterans Affairs 
     shall be transmitted to the appropriate State election 
     official not later than 10 days after the date of acceptance.
       (B) Exception.--If a completed voter registration 
     application form is accepted within 5 days before the last 
     day for registration to vote in an election, the application 
     shall be transmitted to the appropriate State election 
     official not later than 5 days after the date of acceptance.
       (d) Requirements of Voter Registration Information and 
     Assistance.--The Secretary shall ensure that the information 
     and assistance with voter registration that is provided under 
     subsection (b) will not--
       (1) seek to influence an applicant's political preference 
     or party registration;
       (2) display any such political preference or party 
     allegiance;
       (3) make any statement to an applicant or take any action 
     the purpose or effect of which is to discourage the applicant 
     from registering to vote; or
       (4) make any statement to an applicant or take any action 
     the purpose or effect of which is to lead the applicant to 
     believe that a decision to register or not register has any

[[Page S8685]]

     bearing on the availability of services or benefits.
       (e) Limitation on Use of Information.--No information 
     relating to registering to vote, or a declination to register 
     to vote, under this section may be used for any purpose other 
     than voter registration.
       (f) Enforcement.--
       (1) Notice.--
       (A) Notice to the facility director or the secretary.--A 
     person who is aggrieved by a violation of this section or 
     section 4 may provide written notice of the violation to the 
     Director of the facility of the Department of Veterans 
     Affairs health care system involved or to the Secretary. The 
     Director or the Secretary shall respond to a written notice 
     provided under the preceding sentence within 20 days of 
     receipt of such written notice.
       (B) Notice to the attorney general and the election 
     assistance commission.--If the violation is not corrected 
     within 90 days after receipt of a notice under subparagraph 
     (A), the aggrieved person may provide written notice of the 
     violation to the Attorney General and the Election Assistance 
     Commission.
       (2) Attorney general.--The Attorney General may bring a 
     civil action in an appropriate district court for such 
     declaratory or injunctive relief as is necessary to carry out 
     this section or section 4.

     SEC. 4. ASSISTANCE WITH ABSENTEE BALLOTS.

       (a) In General.--Consistent with State and local laws, each 
     director of a community living center, a domiciliary, or a 
     medical center of the Department of Veterans Affairs health 
     care system shall provide assistance in voting by absentee 
     ballot to veterans residing in the community living center or 
     domiciliary or who are inpatients of the medical center, as 
     the case may be.
       (b) Assistance Provided.--The assistance provided under 
     subsection (a) shall include--
       (1) providing information relating to the opportunity to 
     request an absentee ballot;
       (2) making available absentee ballot applications upon 
     request, as well as assisting in completing such applications 
     and ballots; and
       (3) working with local election administration officials to 
     ensure proper transmission of absentee ballot applications 
     and absentee ballots.

     SEC. 5. INFORMATION PROVIDED BY NONPARTISAN ORGANIZATIONS.

       The Secretary of Veterans Affairs shall permit nonpartisan 
     organizations to provide voter registration information and 
     assistance at facilities of the Department of Veterans 
     Affairs health care system, subject to reasonable time, 
     place, and manner restrictions, including limiting activities 
     to regular business hours and requiring advance notice.

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

       (a) Distribution of Information.--
       (1) In general.--Subject to reasonable time, place, and 
     manner restrictions, 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 of Veterans 
     Affairs shall provide reasonable access to facilities of the 
     Department of Veterans Affairs health care system to State 
     and local election officials for the purpose of providing 
     nonpartisan voter registration services to individuals, 
     subject to reasonable time, place, and manner restrictions, 
     including limiting activities to regular business hours and 
     requiring advance notice.

     SEC. 7. ANNUAL REPORT ON COMPLIANCE.

       The Secretary of Veterans Affairs (in this section referred 
     to as the ``Secretary'') shall submit to Congress an annual 
     report on how the Secretary has complied with the 
     requirements of this Act. Such report shall include the 
     following information with respect to the preceding year:
       (1) The number of veterans who were served by facilities of 
     the Department of Veterans Affairs health care system.
       (2) The number of such veterans who requested information 
     on or assistance with voter registration.
       (3) The number of such veterans who received information on 
     or assistance with voter registration.
       (4) Information with respect to written notices submitted 
     under section 3(f), including information with respect to the 
     resolution of the violations alleged in such written notices.

     SEC. 8. RULES OF CONSTRUCTION.

       (a) No Individual Benefit.--Nothing in this Act may be 
     construed to convey a benefit to an individual veteran.
       (b) No Effect on Other Laws.--Nothing in this Act may be 
     construed to authorize or require conduct prohibited under 
     any of the following laws, or to supersede, restrict, or 
     limit the application of such laws:
       (1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
       (2) The Voting Accessibility for the Elderly and 
     Handicapped Act (42 U.S.C. 1973ee et seq.).
       (3) The Uniformed and Overseas Citizens Absentee Voting Act 
     (42 U.S.C. 1973ff et seq.).
       (4) The National Voter Registration Act of 1993 (42 U.S.C. 
     1973gg et seq.).
       (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
     12101 et seq.).
       (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
                                 ______