This bill aims to safeguard critical energy infrastructure essential for national defense by empowering the Secretary of Defense to designate such facilities as certified infrastructure . This certification signifies that the infrastructure is necessary for military fuel supply, readiness, or logistical support, and that any interference would materially impair these functions. Once certified, this designation serves as conclusive evidence in legal proceedings regarding the importance of the infrastructure. The legislation establishes a rigorous process for certification, requiring the Secretary to review existing domestic energy infrastructure and prioritize those facing legal challenges, serving as sole transportation links for military fuel, or operating under national defense directives. Certifications are filed with federal courts and remain in effect unless terminated under strict conditions, which include a rebuttable presumption against termination and a prohibition on termination during pending legal actions. Judicial review of these certifications is exclusively handled by the United States Court of Appeals for the District of Columbia Circuit, with an emphasis on expedited proceedings. A key provision modifies the standard for preliminary injunctive relief in "covered actions" against certified infrastructure. Courts are prohibited from issuing preliminary relief unless the party seeking it proves by clear and convincing evidence that they are likely to succeed on the merits, that the relief would not impair the Department of Defense's ability to supply fuel to West Coast military installations, and that the balance of harms clearly favors such relief. The bill also mandates expedited proceedings for all "covered actions" in both trial and appellate federal courts, setting strict timelines for rulings and appeals. Furthermore, the bill allows for the mandatory removal of state civil actions involving certified infrastructure to federal courts, ensuring that these critical cases are heard under federal jurisdiction. Upon removal, federal law applies, and any prior state court relief is reviewed de novo. Operators of certified infrastructure are granted an express cause of action to enforce the subtitle, including the right to seek various forms of relief and recover attorney fees if they substantially prevail against governmental entities. Interference with certified infrastructure is presumed to cause irreparable harm for equitable relief purposes, streamlining the legal protection process.
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Timeline
Introduced in House
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.
Introduced in House
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.
Armed Forces and National Security
National Defense Infrastructure Protection Act of 2026
USA119th CongressHR-9219| House
| Updated: 6/9/2026
This bill aims to safeguard critical energy infrastructure essential for national defense by empowering the Secretary of Defense to designate such facilities as certified infrastructure . This certification signifies that the infrastructure is necessary for military fuel supply, readiness, or logistical support, and that any interference would materially impair these functions. Once certified, this designation serves as conclusive evidence in legal proceedings regarding the importance of the infrastructure. The legislation establishes a rigorous process for certification, requiring the Secretary to review existing domestic energy infrastructure and prioritize those facing legal challenges, serving as sole transportation links for military fuel, or operating under national defense directives. Certifications are filed with federal courts and remain in effect unless terminated under strict conditions, which include a rebuttable presumption against termination and a prohibition on termination during pending legal actions. Judicial review of these certifications is exclusively handled by the United States Court of Appeals for the District of Columbia Circuit, with an emphasis on expedited proceedings. A key provision modifies the standard for preliminary injunctive relief in "covered actions" against certified infrastructure. Courts are prohibited from issuing preliminary relief unless the party seeking it proves by clear and convincing evidence that they are likely to succeed on the merits, that the relief would not impair the Department of Defense's ability to supply fuel to West Coast military installations, and that the balance of harms clearly favors such relief. The bill also mandates expedited proceedings for all "covered actions" in both trial and appellate federal courts, setting strict timelines for rulings and appeals. Furthermore, the bill allows for the mandatory removal of state civil actions involving certified infrastructure to federal courts, ensuring that these critical cases are heard under federal jurisdiction. Upon removal, federal law applies, and any prior state court relief is reviewed de novo. Operators of certified infrastructure are granted an express cause of action to enforce the subtitle, including the right to seek various forms of relief and recover attorney fees if they substantially prevail against governmental entities. Interference with certified infrastructure is presumed to cause irreparable harm for equitable relief purposes, streamlining the legal protection process.
Get AI-generated questions to help you understand this bill better
Timeline
Introduced in House
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.
Introduced in House
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.