National Defense Infrastructure Protection Act of 2026
Sponsored By: Representative Hunt, Wesley [R-TX-38]
Introduced
Summary
Would let the Secretary of Defense certify and legally shield key West Coast fuel infrastructure as essential to military fuel supply and readiness. It also creates a fast, exclusive judicial review route and rules that keep certifications effective during court challenges.
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- Would let the Department of Defense label pipelines, terminals, and other fuel links as "certified infrastructure" when interference would materially impair military readiness or fuel chains. This targets infrastructure tied to West Coast installations and defense logistics.
- Operators could request certification and would receive a decision within 90 days. A granted certification would serve as conclusive evidence that interruption would harm readiness.
- Would require judicial review only in the U.S. Court of Appeals for the District of Columbia Circuit, give petitions priority, and aim for final decisions within 180 days. Certifications would remain in effect during review and stays would need clear and convincing proof of likely success and no harm to readiness.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Defense fuel infrastructure certification
If enacted, the bill would let the Secretary of Defense certify West Coast fuel and related infrastructure as essential to military fuel supply, readiness, or defense logistics. A certification would take effect when the Secretary signs it, files it in the federal district courts where the infrastructure sits, and notifies the Senate and House Armed Services Committees. The Secretary would have 30 days after enactment to review existing energy infrastructure and must send a list of certified infrastructure within 45 days. Operators could request certification and the Secretary must decide complete requests within 90 days. The Secretary could only end a certification after giving at least 180 days' notice, with detailed written findings supported by substantial evidence; termination is stayed during timely judicial review and cannot occur while related court cases are pending.
Faster federal review and protections
If enacted, the bill would make certifications hard to block and speed litigation. Only the U.S. Court of Appeals for the D.C. Circuit could review certifications, and that court would get priority and try to issue final decisions within about 180 days. Certifications would stay in effect during review and courts could only pause them on clear and convincing evidence that the challenger is likely to win and that a pause would not hurt military readiness. Operators or the United States could remove state cases about certified infrastructure to federal court within 60 days after the relevant pleading. District courts would fast-track emergency and preliminary relief, aiming to rule on temporary orders within 10 days, preliminary injunctions within 30 days, finish discovery within 12 months, and hold trials within 18 months. Operators who substantially prevail against a government entity could recover reasonable attorney fees, and the Attorney General could intervene as of right.
Limits on Defense Department control
If enacted, the bill would say that nothing in this subtitle creates federal property rights in certified infrastructure or lets the Defense Department direct operations beyond existing federal law. It would not preempt federal environmental, pipeline safety, or workplace safety laws. It would not affect pending federal criminal cases and would not stop federal courts from issuing injunctions to enforce federal law or protect federal interests.
Sponsors & CoSponsors
Sponsor
Hunt, Wesley [R-TX-38]
TX • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov