S.Amdt. 3283

SA 3283, submitted by Mr. Whitehouse, aims to add a new section (SEC. 2811) to bill S. 2296. The purpose of this amendment is to change Section 2808 of title 10, United States Code, regarding construction authority during a declaration of war or national emergency.

Specifically, the amendment adds limitations that prevent the Secretary of Defense or a military department from using construction authority for the following:

• Immigration enforcement.
• Design or construction of immigration detention facilities or any wall, barrier, fence, or road along the Southern border of the United States.
• Domestic infrastructure for the production, extraction, transportation, or refining of various energy sources, including 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.

Additionally, the amendment adds a Right of Action, allowing any person, State, or political subdivision of a State who may be adversely affected by a violation of this section to file a civil action in a Federal district court for injunctive or declaratory relief.