National Defense Infrastructure Protection Act of 2026

(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.