National Defense Infrastructure Protection Act of 2026
- Bill Number
- H.R. 9219
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2026-06-09: 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.
- Last Updated
- 2026-07-06T20:27:37Z
AI-Generated Summary
Purpose This legislation directs the Secretary of Defense to certify certain domestic energy infrastructure as essential for military fuel supply, readiness, and logistical support. It establishes legal protections to limit interference with certified infrastructure through lawsuits or regulatory actions, with a focus on fuel supply chains supporting military installations, including those in California.
Key Provisions
- Certification Process: The Secretary of Defense may issue a written certification for infrastructure deemed necessary for military fuel supply or defense logistics. Certifications take effect upon filing with federal district courts and congressional committees. Initial certifications must be reviewed within 30 days of enactment, prioritizing infrastructure facing state or local challenges, sole transportation links to refineries supplying DoD sites, or recent national defense orders.
- Certification Effects: A certification serves as conclusive evidence that interrupting the infrastructure would harm military readiness. It cannot be easily terminated and creates a rebuttable presumption of continued necessity. Judicial review is limited to the U.S. Court of Appeals for the D.C. Circuit.
- Limits on Injunctive Relief: Courts may not issue temporary restraining orders or preliminary injunctions against certified infrastructure unless the challenger proves by clear and convincing evidence a likelihood of success on the merits, no impairment to West Coast military fuel supplies, and that harms favor relief.
- Expedited Court Proceedings: Federal and state courts must prioritize covered actions, with strict timelines for rulings on injunctions (within 10–30 days), discovery (within 12 months), and trials (within 18 months). Appeals must also be expedited.
- Removal and Venue Rules: State lawsuits involving certified infrastructure can be removed to federal court. Exclusive venue is set in the operator’s principal business district for certain governmental actions.
- Enforcement Tools: Operators gain a direct cause of action for declaratory or injunctive relief, with attorney fees available if they prevail. The Attorney General may intervene, and interference is presumed to cause irreparable harm.
Significant Changes to Existing Law The bill introduces a new military necessity certification mechanism that overrides standard judicial standards for preliminary relief and mandates federal removal of state cases. It alters federal court procedures by imposing expedited timelines and limiting stays, while creating an express private right of action for operators. It does not preempt federal environmental or safety laws but restricts state and local governmental challenges.
Potential Impacts
- Government Agencies: Expands Department of Defense authority over infrastructure designations and gives courts new procedural mandates. Federal agencies must treat certifications as binding in covered disputes.
- Citizens and Private Parties: Limits the ability of individuals or groups to obtain quick court orders halting certified projects, shifting burdens of proof and evidence standards.
- International Relations: No direct effects identified in the legislation.
Main Stakeholders Affected
- Department of Defense and military installations (primary beneficiary of certifications).
- Operators of fuel supply infrastructure (gain legal protections and enforcement rights).
- State, local, and Tribal governments (face restrictions on enforcement actions and must litigate in federal court).
- Federal and state courts (subject to new procedural rules and venue requirements).
- Private parties and environmental groups (may encounter higher barriers to challenging infrastructure).
Notable Legal, Constitutional, or Political Implications The legislation centralizes judicial review in the D.C. Circuit and modifies traditional standards for equitable relief, potentially raising federalism concerns by limiting state court jurisdiction. It emphasizes national defense interests in balancing harms but preserves federal environmental laws and does not create property rights in certified infrastructure.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-06-09: 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.
- 2026-06-09: 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.
- 2026-06-09: Introduced in House
- 2026-06-09: Introduced in House
Bill Versions
- National Defense Infrastructure Protection Act of 2026 — issued 2026-06-09 — PDF (15 pages)