Veteran Voting Support Act

Mr. President, yesterday I introduced Senate bill S. 3308, the Veteran Voting Support Act of 2008, with Senator Kerry, and our cosponsors: Senators Reid, Obama, Schumer, Leahy, Clinton, Murray and Wyden.

This is a simple, straightforward bill that shows our veterans the respect that they deserve. They have supported our nation, some at great risk and sacrifice. If the government is providing services, veterans should receive every opportunity to voice their vote.

More than a year ago, I learned of a controversy that emerged in California--where the Department of Veterans Affairs had been fighting since 2004 to bar voter registration services at a VA facility. Over the last 16 months, we have tried to encourage the VA to establish a fair, nonpartisan, standard policy that provides the best available support to veterans served by VA facilities.

The answers I received from the VA have been conflicting. First, the VA stated that they considered the possibility of following the National Voter Registration Act--but then determined it would be too costly. Given the only resources needed is a photocopy of a voter registration form, I find that hard to believe.

Then this year, Senator Kerry and I had exchanged multiple letters on this issue with the VA. The response then changed. VA officials asserted that they believed that providing support or allowing groups would violate the Hatch Act.

The Hatch Act is a prohibition of partisan political activities 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 circumstances in this situation raise great concern. Our country faces issues of war and peace, challenges in foreign relations, and serious questions as to the treatment of our veteran population.

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.

The VA runs a massive program to assist our veterans to heal, as well as ensure that they thrive on their return from military service.

This is true whether the veteran is recently discharged for tours in Iraq, or served in World War II.

A recent report characterized the VA's services as including ``a 'safety net' for the many lower-income veterans who have come to depend on it.''

The question has emerged: Will this make the right kind of impact? Will this cause more veterans to be registered? The VA serves large numbers of veterans--in a variety of care facilities.

For example, 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 total, there are 1,261 total facilities; where as many as 5 million veterans who are not registered to vote may use each year. That strikes me as a critical need unmet.

And it is a rational step for the government to make.

The National Voter Registration Act requires at least as much--if not more--from the States. Every State social service agency and motor vehicle agency is required to assist persons who use their agencies.

That is a mandate from the Federal Government to the States to register voters.

In the law, the Federal Government may choose to assist people to register to vote if the State requests NVRA designation and the agency accepts.

Immediately after the legislation was passed, then-President Clinton issued Executive Order 12926--which has not been rescinded by the current administration. That Executive order calls on all Federal agencies, ``to the greatest extent practicable'' to provide both voter registration information, and voter registration forms.

Some might claim that this legislation is premature--that under the scheme of the act, the State must request the Federal Government's involvement. Well, that has already occurred.

Several States, including my home State of California, under the leadership of Secretary Bowen, have asked that the VA designate the facilities within their States.

All three have been refused by this Department.

Ten secretaries of State--from both parties--have requested that the VA reverse its directive. Still no change.

In the case of Connecticut, secretary of State Susan Bysiewicz defied the VA's directive and attempted to gain entry to the West Haven VA facility.

There, she intended on providing nonpartisan voter registration services, as well as showing veterans how to use the new disabled- access voting systems.

Guess what. She was turned away at the door because of this new directive.

As she was standing outside the door to the VA facility, 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.

When we hear of why so many veterans express pride in their service and their sacrifice, we hear the phrase ``protecting the American way of life'' again and again.

At the cornerstone of our democracy is that every eligible citizen should be registered and receive their chance to cast their vote.

After many months of trying to work out a meaningful solution with the Department, I believe it is time the VA provides veterans the support they deserve to register, cast their vote, and have that vote counted.

This is why we are introduced the Veteran Voting Support Act of 2008. This legislation would: Require the VA to make voter registration services available at VA facilities in states that request it, in accordance with the National Voter Registration Act. These services include voter registration forms, answers to questions on registration issues and assistance with submitting voter registration forms. Those services are available to veterans using VA facilities.

Require the VA to assist veterans at facilities to receive and fill out absentee ballots if they choose to vote by absentee.

Allow nonpartisan groups and election officials to provide nonpartisan voter information and registration services to veterans.

Require an annual report to Congress from the Department of Veterans Affairs on progress related to this legislation.

I hope that my colleagues are willing to support this effort to reverse an overly bureaucratic and irrational burden at the VA.

Passage of this bill would recognize the long history in our country of nonpartisan and civil rights groups that have helped register those who have the greatest need for assistance.

And it respects election officials have long worked to register all eligible voters and provide them with the information and tools to cast a ballot.

I hope my colleagues join me in supporting S. 3308, the Veterans Voting Support Act of 2008.

Mr. President, I am pleased to introduce the Rural Hospital Act of 2008. Back in December, I stood before this body explaining that we were only passing a 6-month Medicare bill in order to provide the opportunity for us to address a number of priorities. One of the biggest priorities I identified was the need to ensure access to rural hospital services.

The type of rural hospitals that top the priority list are what are known as ``tweeners.'' These hospitals are too large to be critical access hospitals, but too small to be financially viable under the Medicare hospital prospective payment systems. It is absolutely imperative that these tweener hospitals get the assistance they need in order to keep their doors open. They are often not only the sole provider of health care in rural areas but are also significant employers and purchasers in the community. Also, the presence of a hospital is essential for purposes of economic development because businesses check to see if a hospital is in the community in which they might set up shop.

While the Medicare bill that Congress just enacted improves the situation for some tweeners, many more are left in financial peril. It is unfortunate that comprehensive payment reforms for tweener hospitals were not included in the bill that just passed. As you know, I have long proposed a number of tweener payment improvements in previous bills this Congress and they were included in the agreement that Senator Baucus and I reached for this year's Medicare bill. Unfortunately, the core tweener hospital payment improvements were dropped from the bill once the process became partisan.

It is for this reason that I am introducing this bill. We must improve the financial health of tweener hospitals and ensure that people have access to health care.

Most tweener hospitals are currently designated as Medicare Dependent Hospitals and Sole Community Hospitals under the Medicare program. While the bill that recently passed Congress improves payments for Sole Community Hospitals, there are no provisions that benefit Medicare Dependent Hospitals. This bill would benefit Medicare Dependent Hospitals by not adjusting their payments for area wages unless it would result in improved payments.

Also, a major driver of the financial difficulties that tweener hospitals face is the fact that many have relatively low volumes of inpatient admissions. Back when we passed the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, I made sure that this law included an add-on payment for low volume rural hospitals. This bill would improve the existing low-volume add-on payment for hospitals so that more rural facilities, both Medicare Dependent Hospitals and Sole Community Hospitals, with low volumes would receive the assistance they desperately need.

To offset the increases in spending from these tweener hospital payment improvements, this bill would address another priority that we wanted to include in a more comprehensive Medicare bill. Many know my position regarding physician owned hospitals and my concern about the effect these facilities have on health care access and costs as well as patient safety. There has been much debate regarding these facilities over the years, especially with physician owned limited service hospitals. This bill would eliminate the exceptions under the physician self-referral laws for physician-owned hospitals and provide a limited exception for existing facilities.

As you can see, we still have much to do when it comes to ensuring access to health care in rural America. I look forward to working with my colleagues on this urgent matter.

Mr. President, today I am introducing along with Senators Leahy, Lieberman, Feinstein, Inouye, Kennedy, Boxer, and Biden, an important bill, with provisions in a variety of areas--from advancing medical research in critical areas, to cracking down on child exploitation, to promoting important U.S. foreign policy goals, to helping improve America's understanding about the oceans. What unites this diverse package of bills? One thing--unprecedented obstructionism.

The bills in this package include initiatives that have broad bipartisan support. Initiatives that have passed the House by 411 to 3; by 422 to 2; by 416 to 0. Many of these initiatives had such strong bipartisan support that they passed the House and Senate Committee by voice vote or even by unanimous consent.

Under normal circumstances, they would have passed the Senate through a simplified and expedited unanimous consent process and become law. Maybe some would have required a period of brief debate before passing the Senate.

But, instead of allowing the will of the Congress and the American people to be heard, Republicans have obstructed one bill after another. Here are just a few examples of the legislation that this bill includes--and that Republicans are preventing from becoming law:

The Emmitt Till Unsolved Crimes bill: Would help heal old wounds and solve crimes that have continued to be unsolved and unpunished since the Civil Rights era.

The Runaway and Homeless Youth bill: Would provide grants for health care, education and workforce programs, and housing programs for runaways and homeless youth.

The Combating Child Exploitation bill: Would provide grants to train law enforcement to use technology to track individuals who trade child pornography. Establishes an Internet Crimes Against Children Task Force within the Office of Justice Programs.

The ALS Registry bill: WouId create a centralized database to help doctors and scientists treat and hopefully find a cure for ALS/Lou Gehrig's Disease, which afflicts 5,600 Americans every year.

The Christopher and Dana Reeve Paralysis Act: Would enhance cooperation in research, rehabilitation and quality of life for people who suffer from paralysis. Not only will this bill accelerate the discovery of better treatments and cures, but help improve the daily lives of the 2 million Americans who await a cure.

This is just the tip of the iceberg. These bills address important American priorities, have broad--virtually unanimous--bipartisan support, yet, all have fallen victim to just one or two Republicans.

Senate Democrats are not willing to allow this obstruction of a few to block the will of the Congress and the American people any longer. Republicans will have a choice: Will they join the side of the American people, or continue to stand beside one or two colleagues intent on blocking progress? I hope Republicans will end their obstruction and work with Democrats this week to pass this crucial and long-overdue legislation.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today on behalf of myself and my colleague Senator Boxer to introduce the Brower Palisade Designation Act and honor the life of one of our Nation's most influential environmental stewards, the late David Brower.

The Brower Palisade Designation Act renames the North Palisade--a prominent peak in the Sierra Nevada--``Brower Palisade'' in his honor.

David Brower dedicated his life to environmental advocacy and helped shape the conservation movement in California and across the Nation.

His efforts raised public awareness about the environment and the need to preserve our resources for future generations.

Former Secretary of the Interior Stewart Udall once referred to David Brower as the ``giant of 20th Century conservation in the United States.''

In 1952, David Brower was named the first executive director of the Sierra Club, one of the most prominent environmental and conservation organizations in the U.S. He held this position for nearly 2 decades.

David Brower's leadership led to the creation of many units of the National Park System, including North Cascades National Park, Redwood National Park and Point Reyes National Seashore.

He also played a significant role in helping to draft the Wilderness Act, which has preserved much of the Sierra Nevada, including his favorite group peaks, the Palisades.

Renaming the North Palisade peak ``Brower Palisade'' will be a lasting reminder of David Brower's leadership and invaluable contributions to the environmental community for generations to come.

I encourage my colleagues to support the Brower Palisade Designation Act and join me in honoring the achievements of one of our most notable environmental advocates, David Brower.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I wish to announce that the Committee on Rules and Administration will meet on Monday, September 15, 2008, at 11 a.m. to receive testimony on Voter Registration for Wounded Warriors: S. 3308, the ``Veterans Voter Support Act.''

Individuals and organizations that wish to submit a statement for the hearing record are requested to contact the Chief Clerk, Lynden Armstrong, at 202-224-7078.

For further information regarding this hearing, please contact Howard Gantman at the Rules and Administration Committee, 202-224-6352.