[Congressional Record Volume 157, Number 91 (Thursday, June 23, 2011)]
[Senate]
[Pages S4097-S4098]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Kerry, Mr. Reid, Mr. Leahy, 
        and Mr. Durbin):
  S. 1264. 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, together with 
Senator Kerry, the Veteran Voting Support Act of 2011. We are joined by 
Senators Reid, Leahy, and Durbin.
  This bill would take important steps to improve veterans' access to 
voter registration services. Our veterans have served our Nation at 
great risk and sacrifice. I believe we should do everything in our 
power to ensure that they play a central role in our democratic 
process, that their votes are cast and their voices heard.
  Almost 4 years ago, during the previous administration, I learned 
that a Department of Veterans Affairs facility in California had been 
barring voter registration groups from accessing veterans in the 
facility. Similar reports emerged in Connecticut and other parts of the 
country.
  Since that time, Senator Kerry and I have been working, together with 
our cosponsors, to make sure that our Government works to provide 
veterans with voter registration services, not to prevent them from 
receiving election-related materials.
  We have written letters and our staffs have held meetings with the VA 
to establish a fair, nonpartisan policy to facilitate voter 
registration for veterans who receive services from VA facilities.
  We have made significant progress.
  After much negotiation, in 2008, the VA established a new and 
substantially improved policy that allows state and local election 
officials, as well as nonpartisan groups, to access VA facilities for 
voter registration under terms and conditions set by the facility. This 
is an improvement, and we have not heard serious complaints in recent 
years.
  However, legislation remains necessary. First, this voluntary policy 
could be rescinded or rolled back in the future; Federal law cannot. 
Second, more should be done to ensure not only that outside groups can 
register voters in a nonpartisan manner in VA facilities but also that 
veterans who live in and use these facilities have easy access to voter 
registration and absentee ballot forms, even when no group or official 
comes by.
  The Veteran Voting Support Act of 2011 would require the VA to 
provide voter registration forms to veterans when they enroll in the VA 
health care system, or change their status or address in that system.
  The bill would also ensure that veterans who live in VA facilities 
have access to absentee ballots when they want to cast votes, and that 
VA employees assist veterans with election-related forms if necessary, 
in the same way that these employees assist veterans with other forms.
  It would allow nonpartisan voter groups and election officials to 
provide voter information and registration services to veterans in a 
time, place, and manner that makes sense for the facilities.
  It would give the Attorney General authority to enforce these 
provisions.
  It is a cornerstone of our democracy that every eligible citizen is 
able to register and cast their vote. These rights should never be 
denied, by fiat or as a matter of practicality, to those who have given 
the very most for our country.
  I believe it is time that the VA provides veterans with the support 
they need and deserve to register, cast their votes, and have those 
votes counted.
  I hope my colleagues will join me in supporting the Veteran Voting 
Support Act of 2011.
  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. 1264

       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 2011''.

     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 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 
     Department 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 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 
     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 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

[[Page S4098]]

       (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 shall 
     provide reasonable access to facilities of the Department 
     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 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.).
                                 ______