[Pages S5375-S5377]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. CARPER (for himself and Ms. Collins):
S. 1025. A bill to prohibit termination of employment of volunteer
firefighters and emergency medical personnel responding to emergencies
or major disasters, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
Ms. COLLINS. Mr. President, I am pleased to join Senator Carper in
introducing a bill that would provide reasonable job protections for
our Nation's volunteer firefighters and emergency medical personnel who
save thousands of lives across this country every year.
This bill is a matter of simple fairness. It recognizes that
volunteer firefighters and emergency medical personnel not only serve
their own towns and offer mutual assistance to other communities on a
day-to-day basis, but also that they are a key component in State and
Federal plans for responding to catastrophic natural disasters and
terrorist attacks.
Across the Nation, our emergency planning relies on the ready
availability of these brave first responders. Indeed, volunteers are
absolutely critical to mounting a response to disasters, both large and
small. My home State of Maine, for example, has slightly more than
10,000 firefighters in 492 departments. Because Maine is a mostly rural
State, fully 88 percent of those firefighters are volunteers.
Yet, even if they are called up in a major disaster or a
Presidentially declared emergency under the Stafford Act, these
volunteers have no official protection for their jobs while they are
answering the call to duty.
We should protect volunteer firefighters and EMS personnel who put
their lives on the line.
The current lack of job protection is troubling. If large numbers of
volunteer firefighters and EMS personnel were terminated or demoted
after being called away to a disaster or a series of disasters,
recruitment and retention of volunteers could be devastated.
The Volunteer Firefighter and EMS Personnel Job Protection Act would
correct the injustice and mitigate the danger in a measured and
responsible way. It would protect the volunteer first responders
against termination or demotion by employers if they are called upon to
respond to a Presidentially declared emergency or a major disaster for
up to 14 work days.
Most employers are strong supporters of our volunteer firefighters
and EMS personnel, and this bill imposes no unreasonable burdens on
employers. They are not obligated to pay the volunteers during their
absence, and they are entitled to receive official documentation that
an absent employee was in fact summoned to and served in a disaster
response.
Finally, I would note that the bill would facilitate the work of
emergency managers. Having this job protection in force would allow
them to make operational and contingency plans with greater confidence,
knowing that volunteer responders would not be forced to withdraw in
short order for fear of losing their jobs.
By extending some peace of mind to these brave men and women, we can
strengthen the protection and lifesaving response that they provide to
many millions of Americans. I believe this bill merits the support of
every Senator, and I am proud to be an original cosponsor.
______

By Mr. CORNYN (for himself, Mr. Inhofe, Mr. Wyden, Mrs.
Hutchison, and Mr. Begich):
S. 1026. A bill to amend the Uniformed and Overseas Citizens Absentee
Voting Act to improve procedures for the collection and delivery of
marked absentee ballots of absent overseas uniformed service voters,
and for other purposes; to the Committee on Rules and Administration.
Mr. CORNYN. Mr. President, today I am reintroducing the Military
Voting Protection Act--a bipartisan bill to support our troops and
protect their right to vote. In every Federal election in recent
memory, American Soldiers, Sailors, Airmen, and Marines have
encountered substantial roadblocks in the voting process, especially
those who are deployed to Iraq and Afghanistan. This is a national
disgrace.
Our military service members put their lives on the line to protect
the rights and freedoms of all Americans. In return, it is our
responsibility to do everything we can to support them. The nature of
the Global War on Terror and the high tempo of U.S. military
operations--including our surge into Afghanistan--will necessitate
overseas service by our troops for the foreseeable future. It is
imperative that we put in place a system to ensure that American
service members serving abroad can participate in the democratic
process even as they simultaneously fight to defend our democracy, its
institutions, and the American way of life. Surely, these brave men and
women have earned at least that much through their blood, sweat, and
tears.
Yet the country they defend has repeatedly denied our troops one of
our most sacred rights--the right to vote. The U.S. Election Assistance
Commission, in studying the 2006 election, found that only 47.6 percent
of the military voters who requested absentee ballots were actually
successful in casting those ballots. That means that less than half of
those troops who wanted to vote were able to do so,

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which is appalling. Overall participation rates among military and
overseas voters in the November 2006 election were also extremely low.
Looking at the big picture, there were roughly 6 million eligible
military and overseas U.S. voters at that time, but only 16.5 percent
of them were able to request an absentee ballot for the election.
According to a 2006 DoD Inspector General report, only 59 percent of
surveyed service members even knew where to obtain voting information
on their installation, and only 40 percent had actually received
assistance from their designated Voting Assistance Officer. Though the
official data from the 2008 election is not yet available, the
preliminary evidence indicates that our military voters faced the same
array of problems in trying to cast their ballots as in previous
elections.
Our troops report many procedural hurdles when trying to participate
in federal, state, and local elections. States have inadequate
processes and unreasonable timelines in place for transmitting blank
absentee ballots to our troops, and the methods available to these
service members for returning completed ballots to local election
officials are both slow and antiquated. Moreover, there are a myriad of
absentee voting rules and regulations that are extremely confusing and
vary widely with each state. The process is clearly broken, and there
is no excuse for not stepping up to challenge the status quo and
streamline the process. We ask so much of our troops, and in return we
have given them a voting system that is perplexing, frustrating, slow,
and often dysfunctional. They deserve better.
The bill I introduce today can help address some of these procedural
hurdles. The Military Voting Protection, MVP, Act will give our troops
a louder and clearer voice at the polls by ensuring their absentee
ballots are delivered back home in time to be counted and do not get
lost on the way. It will reduce delays in the absentee voting process
by requiring the Department of Defense to take a more active role in
the process. The MVP Act will require the DoD to be responsible for
collecting completed absentee ballots from overseas troops and then
express-shipping them back to the U.S. in time to be counted, allowing
troops to track their ballots while they are in transit and confirm
their delivery after they arrive at local election offices.
I am pleased that Senators Wyden and Inhofe have joined me in this
effort; it is a testament to their unwavering support for the members
of our Armed Forces.
We should pass this bipartisan bill quickly so that elections
officials have time to prepare for the 2010 election cycle. Meaningful
reform will not come overnight, but now is the time to take up the
cause of military voters. There are 18 months until the next election,
which is enough time to implement significant improvements. If we fail,
further disenfranchisement of military voters will likely result. We
must avoid a repeat of 2004, 2006, and 2008.
This bill does not solve all the problems with our current military
voting system, but it is an important first step. The Americans who
answer the call to serve are a national treasure, and I remain in awe
of their selfless sacrifice and commitment to the defense of freedom.
In what is now the 8th year of the Global War on Terror, they continue
to voluntarily step forward to defend our Nation and our freedom--often
requiring immeasurable personal sacrifice by them and their loved ones.
The members of this next ``greatest generation'' deserve nothing less
than the same constitutional rights and individual liberties that they
safeguard for their fellow citizens back home. It is the responsibility
of Congress to ensure that they get them.
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. 1026

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 ``Military Voting Protection
Act of 2009''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) In the defense of freedom, members of the United States
Armed Forces are routinely deployed to overseas theaters of
combat, assigned to overseas locations, and assigned to
ocean-going vessels far from home.
(2) As the United States continues to fight the Global War
on Terror, the substantial need for overseas service by
members of the Armed Forces will continue, as we live in what
senior Army leaders have referred to as an ``era of
persistent conflict''.
(3) The right to vote is one of the most basic and
fundamental rights enjoyed by Americans, and one which the
members of the Armed Forces bravely defend both at home in
the United States and overseas.
(4) The decisions of elected officials of the United States
Government directly impact the members of the Armed Forces
who are often called to deploy or otherwise serve overseas as
a result of decisions made by such elected officials.
(5) The ability of the members of the Armed Forces to vote
while serving overseas has been hampered by numerous factors,
including inadequate processes for ensuring their timely
receipt of absentee ballots, delivery methods that are
typically slow and antiquated, and a myriad of absentee
voting procedures that are often confusing and vary among the
several States.
(6) The Uniformed and Overseas Citizens Absentee Voting
Act, which requires the States to allow absentee voting for
members of the Armed Forces and other specified groups of
United States citizens, was intended to protect the voting
rights of members of the Armed Forces.
(7) The current system of absentee voting for overseas
members of the Armed Forces could be greatly improved by
decreasing delays in the process, and certain steps by the
Department of Defense, including utilization of express mail
services for the delivery of completed absentee ballots,
would address the major sources of delay.

SEC. 3. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED
ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED
SERVICES VOTERS.

(a) In General.--The Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by
inserting after section 103 the following new section:

``SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED
ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED
SERVICES VOTERS.

``(a) Collection.--The Presidential designee shall
establish procedures for collecting marked absentee ballots
of absent overseas uniformed services voters in regularly
scheduled general elections for Federal office, including
absentee ballots prepared by States and the Federal write-in
absentee ballot prescribed under section 103, and for
delivering the ballots to the appropriate election officials.
``(b) Ensuring Delivery Prior to Closing of Polls.--
``(1) In general.--Under the procedures established under
this section, the Presidential designee shall ensure that any
marked absentee ballot for a regularly scheduled general
election for Federal office which is collected prior to the
deadline described in paragraph (3) is delivered to the
appropriate election official in a State prior to the time
established by the State for the closing of the polls on the
date of the election.
``(2) Utilization of express mail delivery services.--The
Presidential designee shall carry out this section by
utilizing the express mail delivery services of the United
States Postal Service.
``(3) Deadline described.--
``(A) In general.--Except as provided in subparagraph (B),
the deadline described in this paragraph is noon (in the
location in which the ballot is collected) on the fourth day
preceding the date of the election.
``(B) Authority to establish alternative deadline for
certain locations.--If the Presidential designee determines
that the deadline described in subparagraph (A) is not
sufficient to ensure timely delivery of the ballot under
paragraph (1) with respect to a particular location because
of remoteness or other factors, the Presidential designee may
establish as an alternative deadline for that location the
latest date occurring prior to the deadline described in
subparagraph (A) which is sufficient to ensure timely
delivery of the ballot under paragraph (1).
``(c) Tracking Mechanism.--Under the procedures established
under this section, the Presidential designee, working in
conjunction with the United States Postal Service, shall
implement procedures to enable any individual whose marked
absentee ballot for a regularly scheduled general election
for Federal office is collected by the Presidential designee
to determine whether the ballot has been delivered to the
appropriate election official, using the Internet, an
automated telephone system, or such other methods as the
Presidential designee may provide.
``(d) Outreach for Absent Overseas Uniformed Services
Voters on Procedures.--The Presidential designee shall take
appropriate actions to inform individuals who are anticipated
to be absent overseas uniformed services voters in a
regularly scheduled general election for Federal office to
which this section applies of the procedures for the
collection and delivery of marked absentee ballots
established pursuant to this section, including the manner in
which such voters may utilize such procedures for the
submittal of marked absentee ballots in the election.
``(e) Reports on Utilization of Procedures.--
``(1) Reports required.--Not later than 180 days after each
regularly scheduled general

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election for Federal office to which this section applies,
the Presidential designee shall submit to the relevant
committees of Congress a report on the utilization of the
procedures for the collection and delivery of marked absentee
ballots established pursuant to this section during such
general election.
``(2) Elements.--Each report under paragraph (1) shall
include, for the general election covered by such report, a
description of the utilization of the procedures described in
that paragraph during such general election, including the
number of marked absentee ballots collected and delivered
under such procedures and the number of such ballots which
were not delivered by the time of the closing of the polls on
the date of the election (and the reasons therefor).
``(3) Relevant committees of congress defined.--In this
subsection, the term `relevant committees of Congress'
means--
``(A) the Committees on Appropriations, Armed Services, and
Rules and Administration of the Senate; and
``(B) the Committees on Appropriations, Armed Services, and
House Administration of the House of Representatives.
``(f) Absent Overseas Uniformed Services Voter Defined.--In
this section, the term `absent overseas uniformed services
voter' means an overseas voter described in section
107(5)(A).
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to the Presidential designee
such sums as may be necessary to carry out this section.
``(h) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding
election for Federal office.''.
(b) Conforming Amendments.--
(1) Federal responsibilities.--Section 101(b) of such Act
(42 U.S.C. 1973ff(b)) is amended--
(A) by striking ``and'' at the end of paragraph (6);
(B) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(8) carry out section 103A with respect to the collection
and delivery of marked absentee ballots of absent overseas
uniformed services voters in elections for Federal office.''.
(2) State responsibilities.--Section 102(a) of such Act (42
U.S.C. 1973ff-1(a)) is amended--
(A) by striking ``and'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(6) carry out section 103A(b)(2) with respect to the
processing and acceptance of marked absentee ballots of
absent overseas uniformed services voters.''.
(c) Report on Status of Implementation.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Presidential designee
under section 101(a) of the Uniformed and Overseas Citizens
Absentee Voting Act shall submit to the relevant committees
of Congress a report on the status of the implementation of
the program for the collection and delivery of marked
absentee ballots established pursuant to section 103A of such
Act, as added by subsection (a).
(2) Elements.--The report under paragraph (1) shall include
a status of the implementation of the program and a detailed
description of the specific steps taken towards its
implementation for November 2010.
(3) Relevant committees of congress defined.--In this
subsection, the term ``relevant committees of Congress'' has
the meaning given such term in section 103A(e)(3) of the
Uniformed and Overseas Citizens Absentee Voting Act, as added
by subsection (a).

SEC. 4. PROTECTING VOTER PRIVACY AND SECRECY OF ABSENTEE
BALLOTS.

Section 101(b) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff(b)), as amended by
section 3(b), is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) to the greatest extent practicable, take such actions
as may be required to ensure that absent uniformed services
voters who cast absentee ballots at locations or facilities
under the Presidential designee's jurisdiction are able to do
so in a private and independent manner, and take such actions
as may be required to protect the privacy of the contents of
absentee ballots cast by absent uniformed services voters and
overseas voters while such ballots are in the Presidential
designee's possession or control.''.

____________________