    [House Report 110-851]
    [From the U.S. Government Publishing Office]

    110th Congress                                            Rept. 110-851
                            HOUSE OF REPRESENTATIVES
     2d Session                                                      Part 1

    ======================================================================

                           VETERAN VOTING SUPPORT ACT

                                    _______

                   September 15, 2008.--Ordered to be printed

                                    _______

    Mr. Brady of Pennsylvania, from the Committee on House Administration,
                            submitted the following

                                  R E P O R T

                                 together with

                                 MINORITY VIEWS

                            [To accompany H.R. 6625]

          [Including cost estimate of the Congressional Budget Office]

        The Committee on House Administration, to whom was referred
    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, having considered the same, report
    favorably thereon with an amendment and recommend that the bill
    as amended do pass.

        The amendment is as follows:

        In section 4(2), strike the semicolon and insert the following: ``,
    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;''.

                       Veteran Voting Support Act of 2008

                             PURPOSE OF LEGISLATION

        H.R. 6625, the Veteran Voting Support Act, was introduced
    in response to the Department of Veterans Affairs' voting
    assistance policy adopted in Directive 2008-025\1\, which
    denies our veterans the voter registration opportunities and
    voting assistance they deserve. Despite several meetings and
    concerns expressed by state election officials, advocacy
    groups, and congressional members, including this Committee,
    the Department of Veterans Affairs (VA) refused to change its
    voting assistance policy. Consequently, this legislation would
    require the VA to proactively provide voter registration
    opportunities and enthusiastically assist our veterans with the
    voting process. H.R. 6625 is co-sponsored by 37 Members of
    Congress and supported by organizations that represent over six
    million veterans and hundreds of thousands of concerned
    citizens.\2\
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        \1\Please see Appendix A for Directive 2008-025.
        \2\H.R. 6625 is supported by the American Legion, Paralyzed
    Veterans of America, Disabled American Veterans, Veterans of Foreign
    Wars, Vietnam Veterans Association, American Association of People with
    Disabilities, Lawyers Committee for Civil Rights Under Law, Brennan
    Center, DEMOS, Common Cause, People for the American Way, and the NAACP
    Legal Defense and Educational Fund (LDF). Please see Appendix E for
    Letters of Support.
    ---------------------------------------------------------------------------
        Our 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. However, it is apparent through the VA's policies and
    actions that the VA views voter registration and assistance as
    a hindrance rather than a responsibility. For example, the VA's
    voting assistance policy only permits voting assistance if
    requested and restricts opportunities for veterans to become
    registered to vote. In addition, the VA's refusal to accept the
    California Secretary of State's request for VA facilities to
    help assist in registering veterans is unprecedented.\3\ The VA
    should seriously and proactively assist our veterans with the
    voting process. H.R. 6625 would require the Secretary of
    Veterans Affairs to permit States to designate VA facilities as
    voter registration agencies under Section 7 of the National
    Voter Registration Act. As designated voter registration
    agencies under Section 7, the VA facilities would be required
    to regularly offer registration and assist veterans in voting.
    ---------------------------------------------------------------------------
        \3\James P. Peake, Secretary of Veterans Affairs, letter to Debra
    Bowen, California Secretary of State, May 19, 2008.
    ---------------------------------------------------------------------------
        Implementation of Directive 2008-025 has created instances
    where state election officials have been denied the opportunity
    to educate and assist veterans with the voting process at VA
    facilities. Specifically, in July of 2008 the Connecticut
    Secretary of State was denied access to the West Haven Veterans
    Center to educate veterans about the state's new voting
    equipment as well as conduct voter registration efforts.\4\
    This situation is unacceptable as election officials have the
    expertise and knowledge to assist our veterans in the
    registration and voting process. These sentiments were also
    expressed in a July 16, 2008 letter sent by 20 Secretaries of
    State urging the VA to change its voter assistance policy.\5\
    ---------------------------------------------------------------------------
        \4\O'Leary, Mary, ``State officials protest ban on voter
    registration at VA facilities,'' New Haven Register, July 1, 2008.
        \5\Bysiewicz, Susan, Connecticut Secretary of State, letter to
    James P. Peake, Secretary of Veterans Affairs, July 16, 2008.
    ---------------------------------------------------------------------------
        H.R. 6625 will ensure that the very individuals with voting
    expertise and experience are not denied access to VA
    facilities. To guarantee that veterans utilizing VA facilities
    are able to benefit from the expertise of election officials,
    H.R. 6625 specifically prohibits the Secretary of Veterans
    Affairs from banning election administration officials from
    providing voting information to veterans at designated VA
    facilities. State election officials are responsible for
    encouraging participation and ensuring integrity in our
    election system and federal agencies should not undermine these
    efforts.
        H.R. 6625 also addresses the VA prohibition on voter
    registration drives at VA facilities. By prohibiting non-
    partisan voter registration drives, the VA overlooks one of the
    most effective tools in promoting veterans' right to vote.
    Across the country, millions of voters who historically have
    not participated in elections have been energized to
    participate this year through new and innovative registration
    programs, many of which are conducted by election officials and
    non-partisan organizations. It is unreasonable to deny veterans
    these opportunities merely because they reside in VA
    facilities. Therefore, H.R. 6625 would require the Secretary of
    Veterans Affairs to allow election officials and non-partisan
    organizations to provide voter registration and assistance at
    VA facilities.\6\
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        \6\H.R. 6625 instructs the Secretary of Veterans Affairs to provide
    States the ability to designate facilities of the Department of
    Veterans as voter registration agencies. However, the Committee
    recognizes the range of VA facilities spans medical centers, outpatient
    clinics, cemeteries and psychiatric clinics. States are urged to use
    discretion in the designation of facilities and consider whether a VA
    cemetery is an appropriate venue to conduct education and outreach. The
    Committee does not believe it is. Furthermore, reasonable care must be
    taken by all to ensure that ongoing medical care services at VA
    facilities are not disrupted. The Committee anticipates that the States
    will take care regarding this imperative.
    ---------------------------------------------------------------------------
        The VA has repeatedly objected to voter registration drives
    under the premise that local VA facilities would have the
    purportedly burdensome task of determining which organizations
    are in fact non-partisan and which are partisan. This task has
    already been accomplished through 26 U.S.C. Sec.  501(c)(3),
    the registration of non-profit charities under the United
    States Internal Revenue Code. By allowing 501(c)(3)
    organizations to conduct registration drives, local VA
    facilities would not have to investigate whether an
    organization has a political affiliation. Instead, an
    organization that has been classified by the United States
    Government as a 501(c)(3) organization in good standing should
    be considered non-partisan. The VA can rest assured that if the
    Internal Revenue Service finds that an organization is
    violating its status as a 501(c)(3) organization, the proper
    steps will be taken to remedy the situation; in fact, the
    draconian consequences of violating 501(c)(3) standards make
    most non-profits extraordinary careful to avoid such
    violations. In addition, despite claims made by the VA, the
    Hatch Act (53 Stat. 1147) does not prohibit federal employees
    from assisting in voter registration drives, nor does the Hatch
    Act prohibit federal property from being used for nonpartisan
    education and registration activities.\7\
    ---------------------------------------------------------------------------
        \7\``Political Activity and the Federal Employee,'' U.S. Office of
    Special Counsel, December 2005.
    ---------------------------------------------------------------------------
        H.R. 6625 also requires designated VA facilities to provide
    absentee voting information, assist veterans in registering as
    well as voting absentee, and work with election officials to
    ensure proper delivery of voting materials. These additional
    requirements are necessary to ensure the VA is proactively
    assisting our veterans. Furthermore, many veterans using the VA
    facilities may be disabled and may require additional
    assistance.\8\
    ---------------------------------------------------------------------------
        \8\There have been legitimate concerns about the requirement that
    the VA make available absentee ballots when requested. It should be
    noted that the VA should not store blank absentee ballots at facilities
    but rather ensure requested absentee ballots sent by local election
    offices are made available to inidividuals who request them.
    ---------------------------------------------------------------------------
        Lastly, the VA has argued that providing voter registration
    opportunities will disrupt facility operations. We have heard
    these unsupported arguments before, by critics of the National
    Voter Registration Act requirements. However, as witnessed
    through Departments of Motor Vehicles' ``motor voter''
    registrations, agencies can successfully conduct their primary
    responsibilities and register voters as well.\9\ In addition,
    as noted by Ms. Kathy Truss of the Michigan Department of Human
    Services during the April 1, 2008 Committee on House
    Administration's Subcommittee on Elections Hearing,
    ``compliance with the National Voter Registration Act is not
    just another federal mandate; it is a key component for
    families to act on their own behalf and become part of the
    public debate.''\10\ Promoting civic engagement at the
    Department of Veterans Affairs should not be viewed as a
    disruption in operations; rather, it is an instrumental
    component of providing medical and social support services to
    our veterans.
    ---------------------------------------------------------------------------
        \9\It should be noted that of the 36 million voter registration
    applications processed from 2004-2006, over 50% were received from
    motor vehicle agencies or other public assistance agencies. U.S.
    Election Assistance Commission's ``The Impact of the National Voter
    Registration Act, 2005-2006.''
        \10\Hearing on the National Voter Registration Act, Section 7: The
    Challenges That Public Assistance Agencies Face. 110th Congress 2nd
    Sess. Page 95 (April 1, 2008).
    ---------------------------------------------------------------------------

                   SECTION-BY-SECTION SUMMARY OF LEGISLATION

    Section One--Establishes the short title of this legislation as the
            ``Veteran Voting Support Act''

    Section Two: Findings

         Finds that veterans have risked the greatest
    sacrifice in the name of our country and deserve to be
    supported by the people and the government of the United
    States.
         Finds that veterans are especially qualified to
    understand issues of foreign policy and should be able to voice
    that understanding through voting.
         Finds that the Department of Veterans Affairs
    should make every effort to assist veterans in participating in
    our democracy by helping veterans register and vote.

    Section Three--Department of Veterans Affairs facilities as voter
            registration agencies

         Requires that the Secretary of Veterans Affairs
    permit states to designate VA facilities as voter registration
    agencies under Section 7 of the National Voter Registration
    Act.

    Section Four--Assistance with absentee ballots

         Requires VA facilities designated as voter
    registration agencies to provide voting information, assist
    veterans in registering as well as voting, and work with
    election officials to ensure proper delivery of voting
    materials. Provides that nothing in this act 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.

    Section Five--Assistance provided by non-partisan organizations

         Requires that the Secretary of Veterans Affairs
    allow non-partisan organizations to provide voter registration
    and assistance at VA facilities.

    Section Six--Assistance provided by election administration officials

         Prohibits the Secretary of Veterans Affairs from
    banning election administration officials from providing voting
    information to veterans at any VA facility.
         Defines `voting information' as non-partisan
    information intended for the public about voting, which
    includes voter registration, voting systems, absentee
    balloting, polling locations, and other important resources for
    voters.

    Section Seven--Annual report

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

            COMMITTEE CONSIDERATION OF THE LEGISLATION INTRODUCTION

        On July 29, 2008, Mr. Brady of Pennsylvania, along with 37
    members of the House, introduced H.R. 6625, which was referred
    to the Committee on House Administration with an additional
    referral to the House Veterans' Affairs Committee. On
    Wednesday, July 30, 2008, the Committee met to mark up H.R.
    6625. The Committee ordered H.R. 6625 be favorably reported to
    the House with an amendment by a voice vote.

                 MATTERS REQUIRED UNDER THE RULES OF THE HOUSE

                             COMMITTEE RECORD VOTES

        Clause 3(b) of House rule XIII requires that the results of
    each record vote on an amendment or motion to report, together
    with the name of those voting for and against, to be printed in
    the committee report. There were no recorded votes during the
    consideration of H.R. 6625.

    Amendment agreed to by voice vote

        Ehlers Amendment #2: This amendment would provide
    clarification language in Section 4 that nothing in this act
    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. The amendment was
    agreed to by a voice vote.

    Amendments not agreed to by voice vote

        Ehlers Amendment #1: This amendment would remove the
    requirement in Section 4 that the Department of Veterans
    Affairs make absentee ballots available as well as assist
    veterans in completing absentee ballots. The amendment was not
    agreed to by a voice vote.
        Ehlers Amendment #3: This amendment would remove Section 5
    of the legislation, which requires the Secretary of Veterans
    Affairs to permit non-partisan organizations to provide voter
    registration and assistance at VA facilities. The amendment was
    not agreed to by a voice vote.
        Ehlers Amendment #4: This amendment would limit the VA
    facilities that states can designate as voter registration
    agencies under Section 7 of the National Voter Registration Act
    to only those in which the Veterans Affairs Voluntary Service
    does not provide voter registration assistance. The amendment
    was not agreed to by a voice vote.
        Ehlers Amendment #5: This amendment would limit Section 4
    requirements to only inpatient or residential facilities. The
    amendment was not agreed to by a voice vote.

                          COMMITTEE OVERSIGHT FINDINGS

        In compliance with clause 3(c)(1) of rule XIII of the Rules
    of the House of Representatives, the Committee states that the
    findings and recommendations of the Committee, based on the
    oversight activities under clause 2(b)(1) of rule X of the
    Rules of the House of Representatives, are incorporated in the
    descriptive portions of this report.

                            CONSTITUTIONAL AUTHORITY

        In compliance with clause 3(d)(1) of rule XIII, the
    Committee states that Article I, Section 4 of the U.S.
    Constitution grants Congress the authority to make laws
    governing the time, place and manner of holding Federal
    elections.

                             EARMARK IDENTIFICATION

        Pursuant to clause 9 of rule XXI, H.R. 6625 does not
    include any congressional earmarks, limited tax benefits, or
    limited tariff benefits as defined in clause 9(d), 9(e), or
    9(f) of rule XXI.

                            PREEMPTION CLARIFICATION

        Section 423 of the Congressional Budget Act of 1974
    requires the report of any committee on a bill or joint
    resolution to include a committee statement on the extent to
    which the bill or joint resolution is intended to preempt state
    or local law. H.R. 6625 is intended to apply in all States and
    preempt laws to the contrary in their application to Federal
    elections.

                   CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

        In compliance with clause 3(c)(2) of rule XIII of the Rules
    of the House of Representatives, the Committee sets forth, with
    respect to the bill, the following estimate and comparison
    prepared by the Director of the Congressional Budget Office
    under section 402 of the Congressional Budget Act of 1974:

                                         U.S. Congress,
                                   Congressional Budget Office,
                                    Washington, DC, September 15, 2008.
    Hon. Robert A. Brady,
    Chairman, Committee on House Administration,
    House of Representatives, Washington, DC.
        Dear Mr. Chairman: The Congressional Budget Office has
    prepared the enclosed cost estimate for H.R. 6625, the Veteran
    Voting Support Act.
        If you wish further details on this estimate, we will be
    pleased to provide them. The CBO staff contact is Dwayne M.
    Wright.
                Sincerely,
                                             Robert A. Sunshine
                                       (For Peter R. Orszag, Director).
        Enclosure.

    H.R. 6625--Veteran Voting Support Act

        H.R. 6625 would require the Secretary of the Department of
    Veterans Affairs (VA) to allow states to designate VA
    facilities as voter registration sites and to provide
    information and assistance to individuals wishing to register
    to vote or to cast an absentee ballot. The bill also would
    permit nonpartisan organizations--such as the League of Women
    Voters--to provide such information and assistance at VA
    facilities. CBO estimates that implementing H.R. 6625 would
    cost less than $500,000 over the 2009-2013 period, subject to
    appropriation of the necessary amounts. Enacting the bill would
    not affect direct spending or revenues.
        The 1,330 facilities under VA's jurisdiction include Vet
    Centers, VA Medical Centers, community-based outpatient
    clinics, regional offices, and cemeteries. Assuming that all
    but the national cemeteries--about 135 in total--are feasible
    as voter registration sites, about 1,200 facilities could be
    used to offer the services that would be required under H.R.
    6625.
        The materials necessary for voter registration and absentee
    balloting are prepared by the states. The states also have
    existing programs to train individuals on compliance with the
    National Voter Registration Act. Furthermore, VA recently
    announced plans to use the managers of its Voluntary Services
    Program (VSP) as site coordinators to direct the efforts of
    volunteers working to ensure timely delivery of materials and
    information to individuals needing assistance with voter
    registration at VA hospitals and clinics. Assuming that VSP
    managers or current VA employees would be used as site
    coordinators at other VA facilities, and that most of the work
    would be done by volunteers, CBO expects that the costs
    associated with completing those extra duties would be less
    than $500,000 over the 2009-2013 period.
        H.R. 6625 also would require VA to complete annual
    compliance reports to the Congress outlining its efforts to
    utilize VA facilities as voter registration sites. CBO
    estimates that implementing section 7 would cost less than
    $500,000 over the 2009-2013 period, subject to appropriation of
    the necessary amounts.
        H.R. 6625 contains no intergovernmental or private-sector
    mandates as defined in the Unfunded Mandates Reform Act and
    would impose no costs on state, local, or tribal governments.
        This estimate was prepared by Dwayne M. Wright. The
    estimate was approved by Theresa Gullo, Deputy Assistant
    Director for Budget Analysis.

             CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

        H.R. 6625 makes no changes to existing law.

                                 MINORITY VIEWS

                  H.R. 6625 Veteran Voting Support Act (VVSA)

        On July 30, 2008, the Committee on House Administration
    ordered H.R. 6625 reported favorably by voice vote. H.R. 6625
    provides for the designation of Veterans Affairs facilities as
    Voter Registration Agencies under section 7 of the National
    Voter Registration Act of 1993, establishes additional
    requirements with respect to the provision of special absentee
    voting services at such facilities, and prohibits the Secretary
    of Veterans Affairs from excluding third party voter
    registration groups from VA facilities even when doing so is in
    the best interest of the Veterans who use these facilities.
        While we laud the Committee for addressing the critical
    issue of enfranchising those who have served our nation, and we
    support some of the bill's provisions, we have serious concerns
    about the breadth of H.R. 6625, and the potential for
    unintended detrimental consequences. In addition, we are
    disappointed by the manner in which the Majority introduced
    this legislation--less than twenty-four hours before bringing
    it to mark up--which left insufficient time for meaningful
    reflection and discussion about this important issue and denied
    the members of this Committee the benefit of receiving
    testimony from interested parties.

        DEPARTMENT OF VETERANS AFFAIRS FACILITES AS VOTER REGISTRATION
                   AGENCIES; SPECIAL ABSENTEE VOTING SERVICES

        Section 3 of H.R. 6625 permits a State to designate VA
    facilities located in that state as voter registration agencies
    (VRAs) under section 7 of the National Voter Registration Act.
    Section 4 then imposes upon VA facilities designated as VRAs
    additional duties with respect to absentee voting services.
    While we do not categorically oppose the designation of VA
    facilities as voter registration agencies where a state seeks
    such designation (provided that in doing so patient care is not
    compromised), we are concerned about the consequences of
    burdening VA facilities with additional, potentially redundant
    obligations.
        As a preliminary matter, we note that H.R. 6625 fails to
    take advantage of the important role of the VA's Voluntary
    Service (VAVS), one of the largest centralized volunteer
    programs in the federal government. In order to ensure that
    veterans receive voter assistance services in a non-partisan
    manner, with minimal disruption to facility operations, and at
    the least risk to patients, we believe voter assistance
    services should be coordinated through the VAVS to the greatest
    extent practicable. Moreover, under VHA Directive 2008-025, the
    VA already requires that each facility Director ensure that
    each facility has a policy addressing assistance to VA patients
    who seek to exercise their right to register and vote,
    including informing all patients of the opportunity to receive
    voting assistance, and obtaining and maintaining materials used
    to assist with voter registration and voting.
        Second, we are concerned about the special absentee voting
    services imposed upon VA facilities that are designated as VRAs
    pursuant to section 3 of H.R. 6625. Under section 7 of the
    NVRA, which applies to public assistance agencies, public
    libraries, marriage license bureaus, unemployment compensation
    offices, military recruiting offices, and voter registration
    services provided to a person with a disability at the person's
    home, certain services must be made available: Distribution of
    voter registration applications, assistance in completing voter
    registration applications, and acceptance of completed voter
    registration forms for transmittal to the appropriate
    office.\1\ H.R. 6625 would impose upon VA facilities additional
    duties relating specifically to absentee voting; however, the
    Majority has not provided any justification for this special
    treatment of VA facilities under NVRA. If there are concerns
    about the adequacy of the services made available at all VRAs,
    the Committee should investigate this issue before haphazardly
    imposing additional obligations on VA facilities, especially
    where such a burden may cause disruptions to facility
    operations. This is also an example of how the Committee would
    have benefitted from conducting a hearing on this bill before
    marking it up.
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        \1\42 U.S.C. Sec. 1973gg-5(a).
    ---------------------------------------------------------------------------
        The Veterans Administration currently operates
    approximately 155 medical centers, 125 nursing homes, 717
    ambulatory care and clinic facilities, 45 residential
    rehabilitation treatment programs, 209 vet centers, 125
    cemeteries, and hundreds of administrative and other offices
    nationwide. Clearly the voter assistance needs of veterans at
    these facilities vary. For example, where a resident of a VA
    facility is unable to vote in person on Election Day for health
    reasons, it is appropriate and desirable to provide that
    individual with assistance with absentee voting. However, in
    other circumstances, it may be duplicative or unnecessary to
    provide voter assistance above and beyond what is required at
    all other NVRA section 7 VRAs. Recognizing this distinction,
    Mr. Ehlers offered an amendment that would limit the scope of
    the applicability of the special absentee voting provisions to
    those VA facilities where patients reside; however, this
    amendment was defeated along party lines.
        In addition, we specifically object to requiring the VA to
    provide ``absentee ballots upon request.'' We believe that
    those who are eligible to vote absentee under the laws of the
    state of their residence should be offered absentee voting
    information and the means to request an absentee ballot. As
    stated supra, we expect VA facilities to provide their patients
    with the opportunity to receive registration and voting
    assistance when needed. However, we have serious concerns about
    potential conflicts with state law regarding the handling of
    absentee ballots under this provision, and we question the
    wisdom and practicability of such a mandate. No other NVRA
    section 7 VRA is required to keep on hand a stack of absentee
    ballots. An amendment offered by Mr. Ehlers, which would strike
    the provision requiring absentee ballots upon demand, was
    defeated along partisan lines.
        Mr. Ehlers also offered an amendment to section 4,
    providing that nothing in this bill may be construed to waive
    any requirement under State or Local law regarding an
    individual's eligibility to receive an absentee ballot or vote
    absentee. This amendment, which was adopted by voice vote,
    illustrates the care which Congress must exercise when
    legislating in the area of elections, which have traditionally
    been the province of state and local officials.

                  THIRD PARTY VOTER REGISTRATION ORGANIZATIONS

        Section 5 of H.R. 6625 requires the Secretary of Veterans
    Affairs to permit certain organizations to provide voter
    registration information and assistance at any VA facility.
    Although the Committee on House Administration does not have
    jurisdiction over this section of the bill (and accordingly we
    were not able to offer any amendments), we nonetheless strongly
    object to this section.
        Specifically, section 5 provides that the VA ``shall permit
    a meaningful opportunity for nonpartisan organizations to
    provide voter registration information and assistance'' at VA
    facilities. However, the bill does not define ``meaningful
    opportunity,'' ``voter registration information and
    assistance,'' or ``nonpartisan organization.'' Without
    providing definitions of these key terms, section 5 is overly
    vague and difficult to apply fairly and consistently. For
    example, the phrase ``meaningful opportunity'' means different
    things to different people, and it would be inexcusable for a
    Veteran who wishes to convalesce in a private setting to be
    intruded upon by volunteers from a voter registration group, no
    matter how well intentioned.
        A recent California case illustrates these risks inherent
    in allowing outside organizations unfettered access to VA
    facilities and patients, as section 5 of H.R. 6225 provides
    for:

              In April 2004, the chairman of the Santa Clara County
            California Democratic Central Committee (SCCDC), Steven
            Preminger, along with two other individuals, visited a
            VA facility in Menlo Park, California, intending to
            register voters. One of the individuals accompanying
            Mr. Preminger was wearing a ``John Kerry'' button, and
            introduced the group as being affiliated with the
            Democratic Party. When Mr. Preminger and his associates
            were denied permission to register voters, based on a
            VA regulation prohibiting partisan activities on VA
            property, Mr. Preminger sued the Department of Veterans
            Affairs.
              In August 2007, a federal court upheld the regulation
            generally prohibiting partisan activities at VA
            facilities, holding that ``the VA must be able to
            maintain a place of healing and rehabilitation for the
            veterans for which it provides services.''\ 2\ In
            August 2008, the United States Court of Appeals for the
            Ninth Circuit affirmed a lower court decision holding
            that the Department of Veterans Affairs properly
            prohibited Mr. Preminger registering voters at the
            Menlo Park facility and that the VA's application of
            the regulation was reasonable and viewpoint neutral.\3\
            The Court recognized that the ``primary mission'' of
            the VA facility is to provide veterans with needed
            healthcare, and that ``the VA's concern that voter
            registration drives could compromise its ability to
            provide health care services to veterans was a
            reasonable rationale for denying [Preminger's]
            permission to register voters.''\4\ And moreover, the
            court held that the VA ``reasonably concluded'' that
            ``supervising numerous voter registration campaigns
            would be difficult and time consuming, diverting
            resources vital to the residents' treatment.''\5\
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        \2\Preminger v. Secretary of Veterans Affairs, 517 F.3d 1299 (Fed.
    Cir. 2008).
        \3\Preminger v. Peake, et al., 2008 WL 3168617 (9th Cir. 2008).
        \4\Id., at *5.
        \5\Id.

        The grounds upon which the Court relied in upholding the
    VA's prohibition on partisan voter registration activities at
    Menlo Park apply equally to any voter registration activities:
    interference with the provision of healthcare to Veterans, and
    disruption to facility operations. These concerns do not
    necessarily reflect a mistrust of the motivations of third
    party organizations that seek to conduct voter registration
    activities, or their volunteers, but rather demonstrate a
    commitment to protecting the health and dignity of our nation's
    Veterans.
        Accordingly, we were troubled that the Majority defeated an
    amendment offered by Mr. Ehlers that would prohibit the
    provision of voter registration services where doing so would
    be detrimental to the health of, or interfere with the
    provision of other services to any patient or beneficiary.\6\
    ---------------------------------------------------------------------------
        \6\Because of the Committee's lack of jurisdiction over section 5,
    this amendment, as drafted, would have applied only to section 4.
    However, we believe these concerns apply to the provision of voter
    registration services at all VA facilities.
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               VETERANS HEALTH ADMINISTRATION DIRECTIVE 2008-053

        On September 8, 2008, several weeks after the Committee
    marked up H.R. 6625, the Secretary of the U.S. Department of
    Veterans Affairs issued a new directive revising the
    Department's policy regarding the provision of voter assistance
    services at VA facilities. Specifically, the new Directive
    allows state and local election officials and qualified non-
    partisan organizations some access to VA hospitals and
    outpatient facilities for the purpose of assisting VA officials
    in registering voters. The new policy also requires that state
    and local government officials and outside groups coordinate
    their voter registration activities with the VA to avoid
    potential disruptions in critical patient care.
        In addition, the Directive mandates each VA facility
    establish a written policy on voter assistance that addresses
    the following:
        (a) Patients are granted authorized absence for such
    periods of time as necessary to register and to vote, subject
    to the opinions of their health care providers.
        (b) If patients are unable to leave the facility,
    assistance is provided for registering and for voting by
    absentee ballot.
        (c) Information on the voting assistance program is posted
    throughout the facility.
        (d) Criteria for evaluating the time, place, and manner of
    voter registration and voter assistance activities are
    established.\7\
    ---------------------------------------------------------------------------
        \ 7\VHA Directive 2008-053.
    ---------------------------------------------------------------------------
        We applaud the VA's ongoing efforts to ensure that our
    nation's Veterans are provided voter registration services.
    Nevertheless, as we expressed during the markup of H.R. 6625,
    we have serious concerns about allowing third-party groups
    unfettered access to VA facilities; and accordingly, we are
    pleased that the Secretary of Veterans Affairs reflected this
    concern in Directive 2008-053, requiring VA facilities to
    establish criteria to evaluate appropriate times, places and
    manners of voter registration activities conducted at their
    facilities. Likewise, we supported establishing a role for the
    VA's Voluntary Service (VAVS) in voter registration at VA
    facilities, and therefore we support the VA's decision to
    involve the VAVS with implementation of the new voter
    assistance policy. However, we are not assured that these new
    policies will be sufficient to address our concerns until we
    can determine with certainty that the voter registration
    practices of third party organizations are not conducted in a
    partisan manner and will not disrupt a facility's ability to
    provide patient care.
        Directive 2008-053 addresses some, but not all of our
    concerns with H.R. 6625. Nevertheless, at this time it is our
    sincerest hope that Directive 2008-053 will provide the
    necessary assistance to Veterans that elect to exercise their
    right to register to vote. But the real test will come in the
    implementation of the new policy. And, in the meantime, we see
    no reason to move forward with H.R. 6625.

                                   CONCLUSION

        Nothing is more important than ensuring that every vote is
    counted, and every eligible citizen is able to cast a ballot.
    Accordingly, we fully support measures to guarantee that
    members of the Armed Forces and our nation's Veterans are
    provided with sufficient information, opportunities, and
    balloting materials to foster their participation in Federal
    elections. However, we have serious concerns about the
    unintended consequences of H.R. 6625, especially any potential
    harm to the health and dignity of our nation's Veterans.
        Finally, while the Majority rushed to mark up H.R. 6625
    within twenty-four hours of its introduction in the House of
    Representatives, they have been unwilling to address the
    problem of the disenfranchisement of the members of our
    nation's Armed Forces. Data from the 2004 and 2006 elections
    reveal that our military service members stationed overseas
    face substantial obstacles to their participation in elections,
    including untimely receipt of ballots. Specifically, the U.S.
    Election Assistance Commission, in a September 2007 UOCAVA
    Survey, found that, out of the overseas military voters who
    requested absentee ballots for the 2006 election, only 47.6% of
    them actually had their ballots cast or counted; and moreover,
    of the military and overseas absentee ballots that reached
    election officials, nearly 10% were rejected because they were
    received after the deadline. Recognizing the need to act on
    this problem, Rep. Kevin McCarthy introduced the Military Voter
    Protection Act of 2008 (MVP Act), which would provide for the
    expedited return of completed ballots. In addition, Rep. Roy
    Blunt introduced H. Con Res. 388, expressing the sense of
    Congress that the federal government should take certain
    additional and timely measures to ensure that members of the
    Armed Forces and their dependents are provided with reasonable
    information on how to register to vote and vote in the 2008
    general elections. Unfortunately, the Majority has refused to
    act on either of these pieces of legislation. We urge the
    Majority to consider the voting rights of the members of our
    Armed Forces as well as our nation's veterans.

                                       Vernon J. Ehlers.
                                       Daniel E. Lungren.
                                       Kevin McCarthy.