WeVote
Log In

Bill

Bill

HR 9219

National Defense Infrastructure Protection Act of 2026

119th Congress Introduced by Wesley Hunt

The bill designates certain fuel infrastructure as certified to preserve military fuel supply and readiness, and creates expedited federal review, removal, and enforcement to prote

Introduced in House
0
WeVote Research Nonpartisan
Bill Summary · HR 9219

Purpose and intent

  • HR 9219, the National Defense Infrastructure Protection Act of 2026, aims to strengthen the resilience and continuity of fuel supply infrastructure supporting U.S. military installations, with a focus on California.
  • The Secretary of Defense would identify and address risks to critical fuel infrastructure to safeguard military readiness and defense logistics.

Key provisions and changes

  • Definitions:

    • Certified infrastructure: infrastructure that the Secretary determines is necessary to ensure continuity of military fuel supply, readiness, or defense-related logistical support.
    • Covered action: any civil or administrative action that could halt, condition, or restrict the construction or operation of certified infrastructure.
    • Operator: the entity holding operating authority over certified infrastructure and its successors.
    • Secretary: Secretary of Defense.

  • Secretary of Defense military necessity certification (Section 3):

    • The Secretary may certify infrastructure that is necessary to maintain military fuel supply, readiness, or defense logistics, and where interference would materially impair these functions.
    • Certification effect: written certification; filed with Congress committees and federal courts; remains in effect unless terminated as specified.
    • Termination: can terminate certification with written determination supported by substantial evidence; termination requires:
    • 180 days’ notice to committees before effect,
    • detailed findings,
    • review by the U.S. Court of Appeals for the D.C. Circuit,
    • automatic stay during timely judicial review.
    • Initial certifications: within 30 days after enactment, the Secretary must identify infrastructure meeting criteria, prioritizing those with pending actions, sole crude oil links to DoD installations, or federal orders tied to national defense.
    • List of certified infrastructure must be transmitted to committees within 45 days.

  • Judicial review and legal effect (Section 3, continued):

    • Certification is final agency action and reviewable only in the D.C. Circuit.
    • The cert provides conclusive evidence that interruption would impair military readiness or defense logistics.
    • The Secretary bears the burden to show the criteria are no longer met if seeking termination.

  • Modified preliminary relief standard (Section 4):

    • In any covered action, courts cannot grant TROs or preliminary injunctions against certified infrastructure unless clear and convincing evidence shows:
    • likelihood of success on the merits,
    • relief would not impair DoD’s ability to supply West Coast military facilities,
    • balance of harms and public interest favor relief.
    • Certification acts as conclusive evidence of impairment to military readiness.

  • Expedited proceedings (Section 5):

    • District courts must prioritize covered actions:
    • TROs within 10 days of filing,
    • preliminary relief within 30 days,
    • scheduling and discovery completed within 12 months,
    • trial or final hearing within 18 months.
    • Appellate courts must expedite reviews of preliminary relief decisions and final judgments, with overall docket priority for these actions.

  • Mandatory removal of state actions (Section 6):

    • Covered actions commenced in state courts are removable to federal courts where the infrastructure is located or where the operator has principal place of business.
    • Removal must occur within 60 days after pleading raises a covered action.
    • Post-removal: state court loses jurisdiction; federal review of pre-removal orders; federal law governs claims.
    • Operator standing: the infrastructure operator can remove actions and participate even if not named originally.

  • Enforcement and remedies (Section 7):

    • Operators have an express cause of action to enforce provisions, including declaratory, injunctive, and other relief.
    • Venue for enforcement actions can be in any competent U.S. district court.
    • No exhaustion of state remedies required.
    • Attorney fees: prevailing operators may be awarded fees against the governmental entity.
    • Attorney General can intervene as of right to protect federal interests in certified infrastructure.
    • Interference with certified infrastructure is irreparable harm for purposes of equitable relief.

  • Other provisions:

    • Section 8 clarifies that nothing in the subtitle creates a federal property interest in certified infrastructure, authorizes DoD control of operations beyond existing law, preempts environmental or safety laws only to the extent authorized by federal law, or limits federal court authority to issue injunctive relief.

Who/what is affected

  • Certified infrastructure: fuel supply infrastructure deemed critical by the Secretary of Defense.
  • Operators: entities with operating authority over certified infrastructure; they gain standing to remove state actions and seek relief.
  • Government entities: states, municipalities, tribal governments, and other governmental bodies involved in actions affecting certified infrastructure.
  • DoD: final authority to certify infrastructure and determine military necessity; enhanced ability to secure fuel supply chains for defense.
  • Federal courts: specialized expedited processes and exclusive review pathway (DC Circuit) for certifications.

Procedural and timeline aspects

  • Initial certification review: must identify and certify infrastructure within 30 days after enactment; list due within 45 days.
  • Termination: 180 days’ advance notice to Congress; findings required; DC Circuit review; automatic stay during timely review.
  • Judicial standards: elevated, clear and convincing evidence standard for preliminary relief; expedited appellate timelines (approximately 30-180 days).
  • Removal: state actions must be removed to federal court within 60 days; removal transfers jurisdiction and allows federal standards to apply.
  • Expedited timelines: overall aim for rapid resolution of disputes to protect national defense logistics.

Overall impact

  • The bill creates a federal framework to designate critical fuel infrastructure as certified, insulated from standard state-level delaying tactics, and paired with expedited judicial and removal processes.
  • It shifts certain decision-making and review to federal authority with a focus on preserving military fuel supply and readiness, especially for West Coast installations.
  • It provides operators with strong legal tools to challenge or enforce actions affecting certified infrastructure, including potential attorney fee shifts and federal intervention.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.