H.R. 9219

[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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