[Congressional Record Volume 171, Number 132 (Thursday, July 31, 2025)]
[Senate]
[Page S5086]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.''.
                                 ______