National Defense Infrastructure Protection Act of 2026

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.

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.

The term operator means the entity holding operating authority over certified infrastructure under applicable Federal permits and authorizations, and any successor operator.

The term Secretary means the Secretary of Defense.

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.

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.

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.

No certification may be terminated while a covered action involving the certified infrastructure remains pending in any Federal or State court.

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.

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— 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.

(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.

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.

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.

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).

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

No plaintiff bringing an action under this section shall be required to exhaust State administrative remedies prior to seeking relief in Federal court.

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.

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.

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.

(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.