What does Preamble of National Defense Infrastructure Protection Act of 2026 do?

This bill directs the Secretary of Defense to assess and address risks to fuel supply infrastructure supporting military installations in California. The bill also aims to improve the resilience of fuel supply chains critical to national defense.

What does SHORT TITLE. of National Defense Infrastructure Protection Act of 2026 do?

This bill is formally titled the National Defense Infrastructure Protection Act of 2026.

What does DEFINITIONS. of National Defense Infrastructure Protection Act of 2026 do?

This section defines terms used within the subtitle. “Certified infrastructure” is defined as infrastructure deemed necessary by the Secretary of Defense to support military fuel supply, readiness, or defense-related logistics. “Covered action” refers to legal proceedings seeking to restrict certified infrastructure’s construction, operation, or authorization. “Operator” is the entity with operating authority over certified infrastructure and any successors. “Secretary” refers to the Secretary of Defense.

What does SECRETARY OF DEFENSE MILITARY NECESSITY CERTIFICATION. of National Defense Infrastructure Protection Act of 2026 do?

This section establishes a process for the Secretary of Defense to certify infrastructure deemed necessary for military fuel supply, readiness, or defense-related logistical support. Certifications are issued in writing, transmitted to Congressional Armed Services Committees, and filed with Federal district courts. A certification remains in effect unless terminated by the Secretary, who must provide substantial evidence and notify Congress at least 180 days prior to termination. Termination is prohibited while a relevant legal action is pending. There is a rebuttable presumption that previously certified infrastructure continues to meet the criteria for certification. Within 30 days of enactment, the Secretary must review existing energy infrastructure and prioritize infrastructure facing legal challenges or critical for fuel supply to military installations. A certification constitutes conclusive evidence in any legal action that interruption of the certified infrastructure would impair military readiness or logistical support. Operators of energy infrastructure can request review and certification from the Secretary.

What does MODIFIED STANDARD FOR PRELIMINARY INJUNCTIVE RELIEF AGAINST of National Defense Infrastructure Protection Act of 2026 do?

This section establishes a modified standard for preliminary injunctive relief against certified infrastructure. Courts must find 'clear and convincing evidence' that a party seeking relief is substantially likely to succeed on the merits, the relief wouldn't impair the Department of Defense's petroleum supply to West Coast military installations, and the balance of harms and public interest favors relief. The burden of proof for establishing each element rests on the party seeking preliminary relief. A certification that interruption of certified infrastructure would impair military readiness is considered conclusive evidence and cannot be rebutted. The United States or the operator of certified infrastructure may seek expedited appellate review of orders granting preliminary relief. The modified standard also applies to declaratory relief that would effectively halt or condition certified infrastructure operations.

What does EXPEDITED PROCEEDINGS IN COVERED ACTIONS. of National Defense Infrastructure Protection Act of 2026 do?

This section establishes expedited proceedings for 'covered actions' in United States district courts and courts of appeals. District courts must prioritize covered actions over other civil matters and give priority consideration to motions for temporary restraining orders (within 10 days), preliminary injunctive relief (within 30 days), scheduling orders (within 30 days), and trials/hearings (within 18 months). Courts of appeals must also prioritize covered actions and appeals related to injunctive relief (within 30 days) and final judgments (within 180 days). Stays of proceedings in covered actions are generally prohibited unless a party demonstrates, by clear and convincing evidence, a substantial likelihood of prevailing on the merits and that the stay would not impair military readiness or defense-related logistical support. The requirements of this section apply to all covered actions in federal courts and removed state civil actions.

What does MANDATORY REMOVAL OF STATE CIVIL ACTIONS INVOLVING CERTIFIED of National Defense Infrastructure Protection Act of 2026 do?

This section establishes a process for the mandatory removal of state civil actions involving 'certified infrastructure' to United States district court. Removal can occur to the district where the infrastructure is principally located or where the operator maintains its principal place of business. A notice of removal must be filed within 60 days of the pleading first raising a claim involving certified infrastructure. Once removed, the state court loses jurisdiction, and any prior state court orders are subject to de novo review by the federal district court. Federal law governs all claims in the removed action. The operator of certified infrastructure has standing to remove covered actions and appear as a party in federal proceedings, even if not originally named in the state court action. Future civil actions brought by governmental entities concerning covered actions must be filed exclusively in the district where the operator maintains its principal place of business. Actions filed in other districts will be transferred to the proper court.

What does ENFORCEMENT. of National Defense Infrastructure Protection Act of 2026 do?

This section establishes enforcement mechanisms for the subtitle. The operator has an express cause of action to enforce provisions and may seek various forms of relief, including declaratory, injunctive, and specific performance. Actions can be brought in any U.S. district court with competent jurisdiction. Plaintiffs are not required to exhaust state administrative remedies before seeking federal court relief. If the operator substantially prevails, the court shall award reasonable attorney fees and costs against the governmental entity. The Attorney General may intervene in actions involving certified infrastructure. Interference with certified infrastructure is considered irreparable harm, eliminating the need for separate demonstration.

What does RULE OF CONSTRUCTION. of National Defense Infrastructure Protection Act of 2026 do?

This section establishes rules of construction for the subtitle. It clarifies that this subtitle does not create any Federal property interest in certified infrastructure. The Secretary of Defense's authority over certified infrastructure operations is limited to requirements imposed by applicable Federal law. Existing Federal environmental, pipeline safety, and occupational health and safety laws remain applicable to certified infrastructure. Pending Federal criminal proceedings are not affected by this subtitle. Federal courts retain the authority to issue injunctive relief to enforce Federal law or protect Federal interests related to certified infrastructure.

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National Defense Infrastructure Protection Act of 2026

Last updated: 6/9/2026 · Introduced: 6/9/2026

Author: Wesley Hunt (R-TX)

TL;DR (AI)

The bill establishes a process for the Secretary of Defense to certify energy infrastructure essential for military fuel supply, readiness, and logistics, providing a rebuttable presumption that previously certified infrastructure continues to meet certification criteria.
It modifies the legal standard for preliminary injunctions against certified infrastructure, requiring plaintiffs to demonstrate a 'clear and convincing' likelihood of success and that the relief won't impair military fuel supply.
The bill prioritizes legal proceedings ('covered actions') involving certified infrastructure in federal district and appellate courts, accelerating timelines for temporary restraining orders, injunctions, and trials.
It mandates the removal of state civil actions concerning certified infrastructure to federal district court, ensuring federal law governs these cases and preempting state court jurisdiction.
Operators of certified infrastructure gain a cause of action to enforce the bill's provisions in federal court, with potential for attorney's fees and costs awarded upon substantial success.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 7 more.

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