[Congressional Record Volume 163, Number 154 (Tuesday, September 26, 2017)]
[Senate]
[Pages S6139-S6141]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1101. Mr. CORNYN (for Ms. Collins) proposed an amendment to the 
bill S. 1028, to provide for the establishment and maintenance of a 
Family Caregiving Strategy, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Recognize, Assist, Include, 
     Support, and Engage Family Caregivers Act of 2017'' or the 
     ``RAISE Family Caregivers Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Advisory council.--The term ``Advisory Council'' means 
     the Family Caregiving Advisory Council convened under section 
     4.
       (2) Family caregiver.--The term ``family caregiver'' means 
     an adult family member or other individual who has a 
     significant relationship with, and who provides a broad range 
     of assistance to, an individual with a chronic or other 
     health condition, disability, or functional limitation.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (4) Strategy.--The term ``Strategy'' means the Family 
     Caregiving Strategy set forth under section 3.

     SEC. 3. FAMILY CAREGIVING STRATEGY.

       (a) In General.--The Secretary, in consultation with the 
     heads of other appropriate Federal agencies, shall develop 
     jointly with the Advisory Council and submit to the Committee 
     on Health, Education, Labor, and Pensions and the Special 
     Committee on Aging of the Senate, the Committee on Education 
     and the Workforce of the House of Representatives, and the 
     State agencies responsible for carrying out family caregiver 
     programs, and make publically available on the internet 
     website of the Department of Health and Human Services, a 
     Family Caregiving Strategy.
       (b) Contents.--The Strategy shall identify recommended 
     actions that Federal (under existing Federal programs), 
     State, and local governments, communities, health care 
     providers, long-term services and supports providers, and 
     others are taking, or may take, to recognize and support 
     family caregivers in a manner that reflects their diverse 
     needs, including with respect to the following:
       (1) Promoting greater adoption of person- and family-
     centered care in all health and long-term services and 
     supports settings, with the person receiving services and 
     supports and the family caregiver (as appropriate) at the 
     center of care teams.
       (2) Assessment and service planning (including care 
     transitions and coordination) involving family caregivers and 
     care recipients.
       (3) Information, education and training supports, referral, 
     and care coordination, including with respect to hospice 
     care, palliative care, and advance planning services.
       (4) Respite options.
       (5) Financial security and workplace issues.
       (6) Delivering services based on the performance, mission, 
     and purpose of a program while eliminating redundancies.
       (c) Duties of the Secretary.--The Secretary (or the 
     Secretary's designee), in carrying out subsection (a), shall 
     oversee the following:
       (1) Collecting and making publicly available information, 
     submitted by the Advisory Council under section 4(d) to the 
     Committee on Health, Education, Labor, and Pensions and the 
     Special Committee on Aging of the Senate, the Committee on 
     Education and the Workforce of the House of Representatives, 
     and the State agencies responsible for carrying out family 
     caregiver programs, and made publically available by the 
     Secretary, including evidence-based or promising practices 
     and innovative models (both domestic and foreign) regarding 
     the provision of care by family caregivers or support for 
     family caregivers.
       (2) Coordinating and assessing existing Federal Government 
     programs and activities to recognize and support family 
     caregivers while ensuring maximum effectiveness and avoiding 
     unnecessary duplication.
       (3) Providing technical assistance, as appropriate, such as 
     disseminating identified best practices and information 
     sharing based on reports provided under section 4(d), to 
     State or local efforts to support family caregivers.
       (d) Initial Strategy; Updates.--The Secretary shall--
       (1) not later than 18 months after the date of enactment of 
     this Act, develop, publish, and submit to the Committee on 
     Health, Education, Labor, and Pensions and the Special 
     Committee on Aging of the Senate, the Committee on Education 
     and the Workforce of the House of Representatives, and the 
     State agencies responsible for carrying out family caregiver 
     programs, an initial Strategy incorporating the items 
     addressed in the Advisory Council's initial report under 
     section 4(d) and other relevant information, including best 
     practices, for recognizing and supporting family caregivers; 
     and
       (2) biennially update, republish, and submit to the 
     Committee on Health, Education, Labor, and Pensions and the 
     Special Committee on Aging of the Senate, the Committee on 
     Education and the Workforce of the House of Representatives, 
     and the State agencies responsible for carrying out family 
     caregiver programs the Strategy, taking into account the most 
     recent annual report submitted under section 4(d)(1)--
       (A) to reflect new developments, challenges, opportunities, 
     and solutions; and
       (B) to review progress based on recommendations for 
     recognizing and supporting family caregivers in the Strategy 
     and, based on the results of such review, recommend priority 
     actions for improving the implementation of such 
     recommendations, as appropriate.
       (e) Process for Public Input.--The Secretary shall 
     establish a process for public input to inform the 
     development of, and updates to, the Strategy, including a 
     process for the public to submit recommendations to the 
     Advisory Council and an opportunity for public comment on the 
     proposed Strategy.
       (f) No Preemption.--Nothing in this Act preempts any 
     authority of a State or local government to recognize or 
     support family caregivers.
       (g) Rule of Construction.--Nothing in this Act shall be 
     construed to permit the Secretary (through regulation, 
     guidance, grant criteria, or otherwise) to--
       (1) mandate, direct, or control the allocation of State or 
     local resources;
       (2) mandate the use of any of the best practices identified 
     in the reports required under this Act; or

[[Page S6140]]

       (3) otherwise expand the authority of the Secretary beyond 
     that expressly provided to the Secretary in this Act.

     SEC. 4. FAMILY CAREGIVING ADVISORY COUNCIL.

       (a) Convening.--The Secretary shall convene a Family 
     Caregiving Advisory Council to advise and provide 
     recommendations, including identified best practices, to the 
     Secretary on recognizing and supporting family caregivers.
       (b) Membership.--
       (1) In general.--The members of the Advisory Council shall 
     consist of--
       (A) the appointed members under paragraph (2); and
       (B) the Federal members under paragraph (3).
       (2) Appointed members.--In addition to the Federal members 
     under paragraph (3), the Secretary shall appoint not more 
     than 15 voting members of the Advisory Council who are not 
     representatives of Federal departments or agencies and who 
     shall include at least one representative of each of the 
     following:
       (A) Family caregivers.
       (B) Older adults with long-term services and supports 
     needs.
       (C) Individuals with disabilities.
       (D) Health care and social service providers.
       (E) Long-term services and supports providers.
       (F) Employers.
       (G) Paraprofessional workers.
       (H) State and local officials.
       (I) Accreditation bodies.
       (J) Veterans.
       (K) As appropriate, other experts and advocacy 
     organizations engaged in family caregiving.
       (3) Federal members.--The Federal members of the Advisory 
     Council, who shall be nonvoting members, shall consist of the 
     following:
       (A) The Administrator of the Centers for Medicare & 
     Medicaid Services (or the Administrator's designee).
       (B) The Administrator of the Administration for Community 
     Living (or the Administrator's designee who has experience in 
     both aging and disability).
       (C) The Secretary of Veterans Affairs (or the Secretary's 
     designee).
       (D) The heads of other Federal departments or agencies (or 
     their designees), including relevant departments or agencies 
     that oversee labor and workforce, economic, government 
     financial policies, community service, and other impacted 
     populations, as appointed by the Secretary or the Chair of 
     the Advisory Council.
       (4) Diverse representation.--The Secretary shall ensure 
     that the membership of the Advisory Council reflects the 
     diversity of family caregivers and individuals receiving 
     services and supports.
       (c) Meetings.--The Advisory Council shall meet quarterly 
     during the 1-year period beginning on the date of enactment 
     of this Act and at least three times during each year 
     thereafter. Meetings of the Advisory Council shall be open to 
     the public.
       (d) Advisory Council Annual Reports.--
       (1) In general.--Not later than 12 months after the date of 
     enactment of this Act, and annually thereafter, the Advisory 
     Council shall submit to the Secretary, the Committee on 
     Health, Education, Labor, and Pensions and the Special 
     Committee on Aging of the Senate, the Committee on Education 
     and the Workforce of the House of Representatives, and the 
     State agencies responsible for carrying out family caregiver 
     programs, and make publically available on the internet 
     website of the Department of Health and Human Services, a 
     report concerning the development, maintenance, and updating 
     of the Strategy, including a description of the outcomes of 
     the recommendations and any priorities included in the 
     initial report pursuant to paragraph (2), as appropriate.
       (2) Initial report.--The Advisory Council's initial report 
     under paragraph (1) shall include--
       (A) an inventory and assessment of all federally funded 
     efforts to recognize and support family caregivers and the 
     outcomes of such efforts, including analyses of the extent to 
     which federally funded efforts are reaching family caregivers 
     and gaps in such efforts;
       (B) recommendations--
       (i) to improve and better coordinate Federal programs and 
     activities to recognize and support family caregivers, as 
     well as opportunities to improve the coordination of such 
     Federal programs and activities with State programs; and
       (ii) to effectively deliver services based on the 
     performance, mission, and purpose of a program while 
     eliminating redundancies, avoiding unnecessary duplication 
     and overlap, and ensuring the needs of family caregivers are 
     met;
       (C) the identification of challenges faced by family 
     caregivers, including financial, health, and other 
     challenges, and existing approaches to address such 
     challenges; and
       (D) an evaluation of how family caregiving impacts the 
     Medicare program, the Medicaid program, and other Federal 
     programs.
       (e) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
     Council.

     SEC. 5. FUNDING.

       No additional funds are authorized to be appropriated to 
     carry out this Act. This Act shall be carried out using funds 
     otherwise authorized. .

     SEC. 6. SUNSET PROVISION.

       The authority and obligations established by this Act shall 
     terminate on the date that is 5 years after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 1102. Mr. CORNYN (for Ms. Collins) proposed an amendment to the 
bill S. 1028, to provide for the establishment and maintenance of a 
Family Caregiving Strategy, and for other purposes; as follows:

       Amend the title so as to read: ``A bill to provide for the 
     establishment and maintenance of a Family Caregiving 
     Strategy, and for other purposes.''.
                                 ______
                                 
  SA 1103. Mr. CORNYN (for Mr. Lee) proposed an amendment to the 
resolution S. Res. 114, expressing the sense of the Senate on 
humanitarian crises in Nigeria, Somalia, South Sudan, and Yemen; as 
follows:

       Strike all after the resolving clause and insert the 
     following:

     SECTION 1. SENSE OF THE SENATE.

       It is the sense of the Senate that--
       (1) an urgent and comprehensive international diplomatic 
     effort is necessary to address obstacles in Nigeria, Somalia, 
     South Sudan, and Yemen that are preventing humanitarian aid 
     from being delivered to millions of people who desperately 
     need it;
       (2) the United States should encourage other governments to 
     join in providing the resources necessary to address the 
     humanitarian crises in Nigeria, Somalia, South Sudan, and 
     Yemen;
       (3) parties to the conflicts in Nigeria, Somalia, South 
     Sudan, and Yemen should allow and facilitate rapid and 
     unimpeded passage of humanitarian relief for civilians in 
     need and respect and protect humanitarian and medical relief 
     personnel and objects;
       (4) the United States, working with international partners, 
     should support efforts to hold accountable those responsible 
     for deliberate restrictions on humanitarian access in 
     Nigeria, Somalia, South Sudan, and Yemen; and
       (5) the contributions of charities, non-profit 
     organizations, religious organizations, and businesses of the 
     United States have an important role in addressing 
     humanitarian crises.

     SEC. 2. RULE OF CONSTRUCTION.

       Nothing in this resolution shall be construed as a 
     declaration of war or authorization to use force.
                                 ______
                                 
  SA 1104. Mr. CORNYN (for Ms. Hirono) proposed an amendment to the 
bill S. 504, to permanently authorize the Asia-Pacific Economic 
Cooperation Business Travel Card Program; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Asia-Pacific Economic 
     Cooperation Business Travel Cards Act of 2017''.

     SEC. 2. ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL 
                   CARDS.

       (a) In General.--Subtitle B of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by 
     inserting after section 417 the following:

     ``SEC. 418. ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL 
                   CARDS.

       ``(a) In General.--The Commissioner of U.S. Customs and 
     Border Protection is authorized to issue an Asia-Pacific 
     Economic Cooperation Business Travel Card (referred to in 
     this section as an `ABT Card') to any individual described in 
     subsection (b).
       ``(b) Card Issuance.--An individual described in this 
     subsection is an individual who--
       ``(1) is a citizen of the United States;
       ``(2) has been approved and is in good standing in an 
     existing international trusted traveler program of the 
     Department; and
       ``(3) is--
       ``(A) engaged in business in the Asia-Pacific region, as 
     determined by the Commissioner of U.S. Customs and Border 
     Protection; or
       ``(B) a United States Government official actively engaged 
     in Asia-Pacific Economic Cooperation business, as determined 
     by the Commissioner of U.S. Customs and Border Protection.
       ``(c) Integration With Existing Travel Programs.--The 
     Commissioner of U.S. Customs and Border Protection shall 
     integrate application procedures for, and issuance, renewal, 
     and revocation of, ABT Cards with existing international 
     trusted traveler programs of the Department.
       ``(d) Cooperation With Private Entities and Nongovernmental 
     Organizations.--In carrying out this section, the 
     Commissioner of U.S. Customs and Border Protection may 
     consult with appropriate private sector entities and 
     nongovernmental organizations, including academic 
     institutions.
       ``(e) Fee.--
       ``(1) In general.--The Commissioner of U.S. Customs and 
     Border Protection shall--
       ``(A) prescribe and collect a fee for the issuance and 
     renewal of ABT Cards; and
       ``(B) adjust such fee to the extent the Commissioner 
     determines necessary to comply with paragraph (2).
       ``(2) Limitation.--The Commissioner of U.S. Customs and 
     Border Protection shall

[[Page S6141]]

     ensure that the total amount of the fees collected under 
     paragraph (1) during any fiscal year is sufficient to offset 
     the direct and indirect costs associated with carrying out 
     this section during such fiscal year, including the costs 
     associated with operating and maintaining the ABT Card 
     issuance and renewal processes.
       ``(3) Account for collections.--There is established in the 
     Treasury of the United States an `Asia-Pacific Economic 
     Cooperation Business Travel Card Account' into which the fees 
     collected under paragraph (1) shall be deposited as 
     offsetting receipts.
       ``(4) Use of funds.--Amounts deposited into the Asia 
     Pacific Economic Cooperation Business Travel Card Account 
     established under paragraph (3) shall--
       ``(A) be credited to the appropriate account of the U.S. 
     Customs and Border Protection for expenses incurred in 
     carrying out this section; and
       ``(B) remain available until expended.
       ``(f) Notification.--The Commissioner of U.S. Customs and 
     Border Protection shall notify the Committee on Homeland 
     Security of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate not 
     later than 60 days after the expenditures of funds to operate 
     and provide ABT Card services beyond the amounts collected 
     under subsection (e)(1).
       ``(g) Trusted Traveler Program Defined.--In this section, 
     the term `trusted traveler program' means a voluntary program 
     of the Department that allows U.S. Customs and Border 
     Protection to expedite clearance of pre-approved, low-risk 
     travelers arriving in the United States.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 417 the 
     following new item:

``Sec. 418. Asia-Pacific Economic Cooperation Business Travel Cards.''.

     SEC. 3. ACCOUNT.

       (a) In General.--Notwithstanding the repeal of the Asia-
     Pacific Economic Cooperation Business Travel Cards Act of 
     2011 (Public Law 112-54; 8 U.S.C. 1185 note) pursuant to 
     section 4(b)(1), amounts deposited into the APEC Business 
     Travel Card Account established pursuant to such Act as of 
     the date of the enactment of this Act are hereby transferred 
     to the Asia-Pacific Economic Cooperation Business Travel Card 
     Account established pursuant to section 418(e) of the 
     Homeland Security Act of 2002 (as added by section 2(a) of 
     this Act), and shall be available without regard to whether 
     such amounts are expended in connection with expenses 
     incurred with respect to an ABT Card issued at any time 
     before or after such date of enactment.
       (b) Availability.--Amounts deposited in the Asia-Pacific 
     Economic Cooperation Business Travel Card Account established 
     pursuant to section 418(e) of the Homeland Security Act of 
     2002, in addition to the purposes for which such amounts are 
     available pursuant to such subsection, shall also be 
     available for expenditure in connection with expenses 
     incurred with respect to ABT Cards issued at any time before 
     the date of the enactment of such section.
       (c) Termination.--After the completion of the transfer 
     described in subsection (a), the Asia-Pacific Economic 
     Cooperation Business Travel Card Account established pursuant 
     to the Asia-Pacific Economic Cooperation Business Travel 
     Cards Act of 2011 shall be closed.

     SEC. 4. CONFORMING AMENDMENTS AND REPEAL.

       (a) Conforming Amendments.--Section 411(c) of section 411 
     of the Homeland Security Act of 2002 (6 U.S.C. 211(c)) is 
     amended--
       (1) in paragraph (17), by striking ``and'' at the end;
       (2) by redesignating paragraph (18) as paragraph (19); and
       (3) by inserting after paragraph (17) the following:
       ``(18) carry out section 418, relating to the issuance of 
     Asia-Pacific Economic Cooperation Business Travel Cards; 
     and''.
       (b) Repeal.--
       (1) In general.--The Asia-Pacific Economic Cooperation 
     Business Travel Cards Act of 2011 (Public Law 112-54; 8 
     U.S.C. 1185 note) is repealed.
       (2) Saving clause.--Notwithstanding the repeal under 
     paragraph (1), an ABT Card issued pursuant to the Asia-
     Pacific Economic Cooperation Business Travel Cards Act of 
     2011 before the date of the enactment of this Act that, as of 
     such date, is still valid, shall remain valid on and after 
     such date until such time as such Card would otherwise 
     expire.
                                 ______
                                 
  SA 1105. Mr. CORNYN (for Mr. Lee) proposed an amendment to the bill 
S. 1057, to amend the Harmful Algal Bloom and Hypoxia Research and 
Control Act of 1998 to address harmful algal blooms, and for other 
purposes; as follows:

       Beginning on page 10, strike line 4 and all that follows 
     through page 12, line 15 and insert the following:

     SEC. 7. HYPOXIA OR HARMFUL ALGAL BLOOM OF NATIONAL 
                   SIGNIFICANCE.

       (a) Relief.--
       (1) In general.--Upon a determination under subsection (b) 
     that there is an event of national significance, the 
     appropriate Federal official is authorized to make sums 
     available to the affected State or local government for the 
     purposes of assessing and mitigating the detrimental 
     environmental, economic, subsistence use, and public health 
     effects of the event of national significance.
       (2) Federal share.--The Federal share of the cost of any 
     activity carried out under this subsection for the purposes 
     described in paragraph (1) may not exceed 50 percent of the 
     cost of that activity.
       (3) Donations.--Notwithstanding any other provision of law, 
     an appropriate Federal official may accept donations of 
     funds, services, facilities, materials, or equipment that the 
     appropriate Federal official considers necessary for the 
     purposes described in paragraph (1). Any funds donated to an 
     appropriate Federal official under this paragraph may be 
     expended without further appropriation and without fiscal 
     year limitation.
       (b) Determinations.--
       (1) In general.--At the discretion of an appropriate 
     Federal official, or at the request of the Governor of an 
     affected State, an appropriate Federal official shall 
     determine whether a hypoxia or harmful algal bloom event is 
     an event of national significance.
       (2) Considerations.--In making a determination under 
     paragraph (1), the appropriate Federal official shall 
     consider the toxicity of the harmful algal bloom, the 
     severity of the hypoxia, its potential to spread, the 
     economic impact, the relative size in relation to the past 5 
     occurrences of harmful algal blooms or hypoxia events that 
     occur on a recurrent or annual basis, and the geographic 
     scope, including the potential to affect several 
     municipalities, to affect more than 1 State, or to cross an 
     international boundary.
       (c) Definitions.--In this section:
       (1) Appropriate federal official.--The term ``appropriate 
     Federal official'' means--
       (A) in the case of a marine or coastal hypoxia or harmful 
     algal bloom event, the Under Secretary of Commerce for Oceans 
     and Atmosphere; and
       (B) in the case of a freshwater hypoxia or harmful algal 
     bloom event, the Administrator of the Environmental 
     Protection Agency.
       (2) Event of national significance.--The term ``event of 
     national significance'' means a hypoxia or harmful algal 
     bloom event that has had or will likely have a significant 
     detrimental environmental, economic, subsistence use, or 
     public health impact on an affected State.
       (3) Hypoxia or harmful algal bloom event.--The term 
     ``hypoxia or harmful algal bloom event'' means the occurrence 
     of hypoxia or a harmful algal bloom as a result of a natural, 
     anthropogenic, or undetermined cause.

                          ____________________