[Congressional Record Volume 164, Number 29 (Wednesday, February 14, 2018)]
[Senate]
[Page S1126]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2015. Mr. HEINRICH (for himself, Ms. Heitkamp, and Mr. Udall) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2579, to amend the Internal Revenue Code of 1986 to allow the premium 
tax credit with respect to unsubsidized COBRA continuation coverage; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RECEIPT OF COMPENSATION REQUIRED FOR USE OF EMINENT 
                   DOMAIN FOR CONSTRUCTION OF BORDER 
                   INFRASTRUCTURE.

       Notwithstanding section 3114 of title 40, United States 
     Code, or section 102 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note; 
     Public Law 104-208) the Federal Government shall not take 
     physical possession of any land acquired, or proposed to be 
     acquired, pursuant to those sections for the construction of 
     any infrastructure (including a pedestrian fence, vehicle 
     barrier, levee, gate, wall, fence, road, or port of entry) at 
     the international border between the United States and Mexico 
     until the date on which the applicable court determines 
     that--
       (1) in the case of private land--
       (A) all persons or entities entitled to compensation for 
     the acquisition have received the entire full fair market 
     value amount of compensation due on the date of acquisition 
     of the private land; and
       (B) all relevant court proceedings described in section 
     3114(a) of title 40, United States Code, have been--
       (i) completed; and
       (ii) terminated by the court;
       (2) in the case of State land (including State land in the 
     vicinity of a unit of the National Wildlife Refuge System, a 
     unit of the National Park System, or Tribal land or in the 
     vicinity of a historic district or a State park)--
       (A) the requirements of subparagraphs (A) and (B) of 
     paragraph (1) have been met; and
       (B) all relevant stakeholders (including Tribes) have been 
     consulted and have approved the acquisition; and
       (3) in the case of Tribal land--
       (A) the requirements of subparagraphs (A) and (B) of 
     paragraph (1) have been met; and
       (B) all relevant Tribal stakeholders have been consulted 
     and have approved the acquisition.

     SEC. ___. CONSULTATION REQUIRED PRIOR TO ACQUISITION OF LAND 
                   FOR CONSTRUCTION OF BORDER INFRASTRUCTURE.

       (a) In General.--Before implementing any plan to acquire 
     private land, State land, or Tribal land on which the 
     Secretary of Homeland Security (referred to in this section 
     as the ``Secretary'') intends to build or construct a 
     temporary or permanent structure related to efforts to secure 
     or protect the border between the United States and Mexico, 
     the Secretary shall conduct significant consultation with--
       (1) any owners of the land proposed to be acquired; and
       (2) any individuals or communities that could be impacted 
     by the construction of the structure, as determined by the 
     Secretary.
       (b) Final Plans; Transparency.--Before beginning 
     construction of a temporary or permanent structure described 
     in subsection (a), the Secretary shall--
       (1) give significant weight to the opinions and information 
     presented to the Secretary during the consultation process 
     conducted under that subsection; and
       (2) publish in the Federal Register information describing 
     ways in which the final plan of the Secretary for acquiring 
     the land or constructing the structure was modified as a 
     result of the consultation process conducted under that 
     subsection.
                                 ______