HouseH.R. 9219119th Congress
National Defense Infrastructure Protection Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9219 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9219
To direct the Secretary of Defense to assess and address risks to fuel
supply infrastructure supporting military installations in California
and to improve the resilience of fuel supply chains critical to
national defense.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2026
Mr. Hunt introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Defense to assess and address risks to fuel
supply infrastructure supporting military installations in California
and to improve the resilience of fuel supply chains critical to
national defense.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This subtitle may be cited as the ``National Defense Infrastructure
Protection Act of 2026''.
SEC. 2. DEFINITIONS.
In this subtitle:
(1) Certified infrastructure.--The term ``certified
infrastructure'' means any infrastructure that the Secretary of
Defense has deemed necessary to ensure the continuity of
military fuel supply, military readiness, or defense-related
logistical support of the Armed Forces of the United States.
(2) Covered action.--The term ``covered action'' means any
civil action, special proceeding, administrative enforcement
proceeding, application for equitable relief, or petition for
judicial review of a Federal agency decision, brought by a
State, political subdivision of a State, Tribal government,
other governmental entity, or any private party, that seeks to
halt, condition, vacate, remand, or materially restrict the
construction, operation, or Federal authorization of certified
infrastructure.
(3) Operator.--The term ``operator'' means the entity
holding operating authority over certified infrastructure under
applicable Federal permits and authorizations, and any
successor operator.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
SEC. 3. SECRETARY OF DEFENSE MILITARY NECESSITY CERTIFICATION.
(a) Authority.--The Secretary may certify any infrastructure upon a
written determination that--
(1) the infrastructure is necessary to ensure the
continuity of military fuel supply, military readiness, or
defense-related logistical support of the Armed Forces of the
United States; and
(2) interference with the infrastructure's construction or
operations would materially impair military readiness, military
fuel supply chains, or the Department of Defense's ability to
sustain military operations.
(b) Form and Effect.--A certification under this section shall be
issued in writing, signed by the Secretary of Defense, transmitted to
the Committees on Armed Services of the Senate and the House of
Representatives, and filed with the clerk of each Federal district
court in the district in which the certified infrastructure is located.
A certification takes effect upon filing and shall remain in effect
unless terminated in accordance with this subsection.
(1) Termination.--The Secretary may terminate a
certification only upon a written determination, supported by
substantial evidence in the administrative record, that the
infrastructure no longer satisfies the criteria set forth in
subsection (a). Any determination terminating a certification
shall--
(A) be transmitted to the Committees on Armed
Services of the Senate and the House of Representatives
not less than 180 days before taking effect;
(B) include detailed findings explaining the basis
for termination;
(C) constitute final agency action reviewable
exclusively in the United States Court of Appeals for
the District of Columbia Circuit; and
(D) be stayed automatically during the pendency of
any timely petition for judicial review filed within 60
days of transmission to the Committees on Armed
Services.
(2) Prohibition on termination during pending covered
action.--No certification may be terminated while a covered
action involving the certified infrastructure remains pending
in any Federal or State court.
(3) Rebuttable presumption.--There shall be a rebuttable
presumption that infrastructure previously certified under this
section continues to satisfy the requirements of subsection
(a). The Secretary bears the burden of establishing by
substantial evidence that the criteria of subsection (a) are no
longer satisfied before a termination determination may take
effect.
(c) Initial Certifications.--Not later than 30 days after the date
of enactment of this subtitle, the Secretary shall review existing
domestic energy infrastructure and issue certifications under this
section for any infrastructure the Secretary determines satisfies the
criteria of subsection (a). In conducting such review, the Secretary
shall give priority consideration to infrastructure that, as of the
date of enactment of this subtitle--
(1) is subject to a pending civil action or administrative
proceeding by a State, local government, Tribal government, or
other governmental entity seeking to halt or condition its
operations;
(2) constitutes the sole domestic transportation link
between a domestic crude oil production facility and a
petroleum refinery supplying refined petroleum products to
Department of Defense installations; or
(3) is operating pursuant to a Federal order or directive
issued within the preceding 24 months on the basis of national
defense, military readiness, or defense logistics.
The Secretary shall transmit a list of all infrastructure certified
under this section to the Committees on Armed Services of the Senate
and the House of Representatives within 45 days of enactment.
(d) Judicial Review.--A certification issued under this section is
a final agency action for purposes of chapter 7 of title 5, United
States Code, and is reviewable in the United States Court of Appeals
for the District of Columbia Circuit. No court other than the United
States Court of Appeals for the District of Columbia Circuit shall have
jurisdiction to review, enjoin, set aside, suspend, or determine the
validity of a certification issued under this section. The court of
appeals shall give priority consideration to any petition for review of
a certification under this section and shall endeavor to issue a final
decision within 180 days of the date on which the petition is filed. A
certification issued under this section shall remain in full force and
effect during the pendency of any judicial review proceeding. No court
may stay a certification except upon a finding by clear and convincing
evidence that the petitioner is substantially likely to prevail on the
merits and that the stay would not impair military readiness or
defense-related logistical support.
(e) Legal Effect of Certification.--In any covered action, a
certification issued under this subtitle shall constitute conclusive
evidence that the Secretary of Defense has determined that interruption
of the certified infrastructure would materially impair military
readiness, military fuel supply, or defense-related logistical support
of the Armed Forces. No officer, employee, or agency of the United
States may contest the existence of the determination reflected in a
certification issued under this subtitle unless such certification has
been terminated pursuant to subsection (b). Nothing in this subsection
shall be construed to limit the authority of the Department of Justice
to represent the interests of the United States, to enforce Federal
law, or to participate in litigation concerning issues not resolved by
the certification.
(f) Request for Review.--Any operator of energy infrastructure that
believes such infrastructure satisfies the criteria of subsection (a)
may submit a written request for review to the Secretary, together with
supporting documentation demonstrating how the infrastructure satisfies
such criteria. The Secretary shall issue a written determination
granting or denying certification within 90 days of receipt of a
complete request. A denial shall include a written explanation of the
basis for the determination and shall constitute a final agency action
reviewable in the United States Court of Appeals for the District of
Columbia Circuit pursuant to subsection (d).
SEC. 4. MODIFIED STANDARD FOR PRELIMINARY INJUNCTIVE RELIEF AGAINST
CERTIFIED INFRASTRUCTURE.
(a) Modified Standard.--In any covered action involving certified
infrastructure, no court of the United States and no State court shall
issue a temporary restraining order, preliminary injunction, or other
form of preliminary equitable relief halting, conditioning, or
materially restricting the operation of certified infrastructure unless
the court finds, on the basis of clear and convincing evidence
presented in the record, that--
(1) the party seeking relief is substantially likely to
succeed on the merits of its underlying claim;
(2) the relief sought would not impair the ability of the
Department of Defense to supply refined petroleum products to
military installations on the West Coast of the United States;
and
(3) the balance of harms and the public interest, including
the national defense interests identified in the findings of
this subtitle, clearly favor the issuance of preliminary
relief.
(b) Burden of Proof.--The burden of establishing each element
required under subsection (a) rests upon the party seeking preliminary
relief. Failure to establish any single element by clear and convincing
evidence shall be grounds for denial of preliminary relief.
(c) Certification as Conclusive Evidence.--A certification issued
under this subtitle constitutes conclusive evidence that interruption
of the certified infrastructure's construction or operations would
impair military readiness or defense-related logistical support. No
party seeking preliminary relief against certified infrastructure may
introduce evidence to rebut or contradict this determination. The party
seeking relief bears the burden of establishing by clear and convincing
evidence all other elements required under subsection (a).
(d) Expedited Review.--In any covered action involving certified
infrastructure, the United States or the operator may seek expedited
appellate review of any order granting preliminary relief against
certified infrastructure. The court of appeals shall give priority
consideration to such review and shall endeavor to issue a decision
within 30 days of the filing of the notice of appeal.
(e) Declaratory Relief.--The modified standard established by this
section applies to any declaratory judgment or other equitable relief
that would have the practical effect of halting or materially
conditioning the operation of certified infrastructure, regardless of
how such relief is characterized by the party seeking it.
SEC. 5. EXPEDITED PROCEEDINGS IN COVERED ACTIONS.
(a) Trial Court Priority.--In any covered action pending in a
United States district court, the court shall accord the proceeding
priority on its docket over other civil matters and shall--
(1) give priority consideration to any motion for temporary
restraining order and endeavor to issue a ruling at the
earliest practicable date, and in no event later than 10 days
of filing;
(2) give priority consideration to any motion for
preliminary injunctive relief and endeavor to issue a ruling
within 30 days of filing;
(3) give priority to establishing a scheduling order and
endeavor to do so within 30 days of removal or initial filing,
providing for completion of all discovery and briefing within
12 months; and
(4) endeavor to conduct any trial or final hearing within
18 months of the date of removal or initial filing.
(b) Appellate Expedited Review.--In any covered action, the court
of appeals having appellate jurisdiction shall--
(1) give priority consideration to any appeal of an order
granting or denying preliminary injunctive relief and endeavor
to issue a decision within 30 days of the filing of the notice
of appeal;
(2) give priority consideration to any appeal of a final
judgment in a covered action and endeavor to issue a final
decision within 180 days of the filing of the notice of appeal;
and
(3) give priority to covered actions on its docket over
other civil matters.
(c) Stay Standard.--No court of the United States and no State
court may stay proceedings in a covered action, or stay any order
denying preliminary injunctive relief against certified infrastructure,
except upon a finding by clear and convincing evidence that the party
seeking the stay is substantially likely to prevail on the merits and
that the stay would not impair military readiness or defense-related
logistical support. A stay of proceedings shall not stay the obligation
of any court to accord priority to a covered action under this section.
(d) Applicability.--The requirements of this section apply to all
covered actions in all Federal courts and to all removed State civil
actions pending in Federal court.
SEC. 6. MANDATORY REMOVAL OF STATE CIVIL ACTIONS INVOLVING CERTIFIED
INFRASTRUCTURE.
(a) Removal.--Any covered action that is commenced in a State court
shall be removable to the United States district court for the district
in which the certified infrastructure is principally located or, at the
election of the operator, to the United States district court for the
district in which the operator maintains its principal place of
business. The operator or the United States may file a notice of
removal under this section not later than 60 days after service of the
initial pleading or any subsequent pleading first raising a claim
involving certified infrastructure.
(b) Effect of Removal.--Upon removal under this section--
(1) the State court shall have no further jurisdiction over
any aspect of the covered action;
(2) any temporary restraining order, preliminary
injunction, or other relief issued by the State court prior to
removal shall be reviewed de novo by the Federal district court
within 10 days of removal; and
(3) the Federal district court shall apply Federal law to
all claims in the covered action.
(c) Operator Standing.--For purposes of this section, the operator
of certified infrastructure shall have standing to remove any covered
action and to appear as a party in interest in any Federal proceeding
arising from a covered action involving the certified infrastructure,
without regard to whether the operator is a named party in the original
State court action.
(d) Exclusive Venue for Future Federal Covered Actions.--Any civil
action brought in a United States district court by a State, political
subdivision of a State, Tribal government, or other governmental entity
that constitutes a covered action shall be brought exclusively in the
United States district court for the district in which the operator
maintains its principal place of business. Any such action filed in any
other United States district court shall be transferred to such proper
court upon motion of the operator or the United States, without regard
to the convenience of the parties or witnesses. No United States
district court other than the court designated by this subsection shall
have jurisdiction over a covered action brought by a governmental
entity after the date of enactment of this subtitle.
SEC. 7. ENFORCEMENT.
(a) Express Cause of Action.--The operator shall have an express
cause of action to enforce any provision of this subtitle and may seek
declaratory relief, temporary relief, preliminary relief, permanent
injunctive relief, specific performance, and such other relief as a
court of competent jurisdiction determines appropriate.
(b) Venue.--The operator may bring an action under subsection (a)
in any United States district court of competent jurisdiction,
including in the district in which the operator maintains its principal
place of business.
(c) No Exhaustion Requirement.--No plaintiff bringing an action
under this section shall be required to exhaust State administrative
remedies prior to seeking relief in Federal court.
(d) Attorney Fees.--In any action brought by the operator under
this section in which the operator substantially prevails, the court
shall award the operator reasonable attorney fees and costs against the
governmental entity that brought or enforced the challenged action.
(e) Attorney General Intervention.--The Attorney General may
intervene as a matter of right in any covered action in any Federal or
State court in which the United States has an interest in protecting
certified infrastructure from State or local governmental interference.
(f) Presumption of Irreparable Harm.--In any action brought by the
operator under this section, interference with the operation of
certified infrastructure shall constitute irreparable harm for purposes
of equitable relief. No operator seeking relief under this section
shall be required to separately demonstrate irreparable harm.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed--
(1) to create any Federal property interest in any
certified infrastructure;
(2) to authorize the Secretary of Defense to direct the
operations of any certified infrastructure or to impose
operational requirements on the operator beyond those imposed
by applicable Federal law;
(3) to preempt any Federal environmental, pipeline safety,
or occupational health and safety law applicable to certified
infrastructure;
(4) to affect any pending Federal criminal proceeding; or
(5) to limit the authority of a Federal court to issue
injunctive relief in an action brought by the United States or
the operator to enforce Federal law or protect Federal
interests related to certified infrastructure.
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