S.Amdt. 3283

SA 3283. Mr. WHITEHOUSE submitted an amendment intended to be
proposed by him to the bill S. 2296, to authorize appropriations for
fiscal year 2026 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle A of title XXVIII, add the
following:

SEC. 2811. CONSTRUCTION AUTHORITY IN THE EVENT OF A
DECLARATION OF WAR OR NATIONAL EMERGENCY.

Section 2808 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``In the event'' and
inserting ``Except as provided in subsection (f), in the
event'';
(2) by redesignating subsection (f) as subsection (h); and
(3) by inserting after subsection (e) the following new
subsections:
``(f) Limitations on Use of Construction Authority.--The
Secretary of Defense may not undertake, or authorize the
Secretary of a military department to undertake, a military
construction project using the authority provided in
subsection (a) if the project is for--
``(1) immigration enforcement;
``(2) the design or construction of--
``(A) an immigration detention facility; or
``(B) a wall, barrier, fence, or road along the Southern
border of the United States; or
``(3) domestic infrastructure for the extraction,
production, transportation, or refining of crude oil, natural
gas, lease condensates, natural gas liquids, refined
petroleum products, uranium, coal, biofuels, geothermal heat,
the kinetic movement of flowing water, or critical minerals.
``(g) Right of Action.--Any person, including a State or
political subdivision of a State, who is or may be adversely
affected by a violation of this section may bring a civil
action in an appropriate Federal district court for
declaratory or injunctive relief with respect to the
violation.''.
______