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.
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
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