National Security Interstate Pipeline Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9838 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9838

To provide for the expedited approval of interstate oil and natural gas
  pipelines that are critical to the national security of the United
                                States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2026

 Mr. Calvert (for himself, Mr. Strong, Mr. Gallagher, Mr. Valadao, Mr.
  Shreve, Mr. Fong, Mr. Issa, and Mr. Moran) introduced the following
 bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committees on Transportation and Infrastructure, and
 Natural Resources, 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 provide for the expedited approval of interstate oil and natural gas
  pipelines that are critical to the national security of the United
                                States.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Security Interstate
Pipeline Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Reliable transportation of oil and natural gas across
        the United States is essential to national defense, military
        readiness, and the defense industrial base.
            (2) Constraints in regional energy supply create
        vulnerabilities for military installations, critical
        infrastructure, and industrial capacity.
            (3) Interstate pipeline infrastructure is the most
        efficient, secure, and scalable method for transporting large
        volumes of energy resources.
            (4) Fragmented Federal, State, and local permitting
        processes create delays that undermine the timely development
        of critical energy infrastructure.
            (5) It is in the national interest to ensure the rapid
        development of interstate energy transportation systems
        necessary to support national security objectives.

SEC. 3. EXPEDITED APPROVAL OF INTERSTATE OIL AND NATURAL GAS PIPELINES
              CRITICAL TO THE NATIONAL SECURITY OF THE UNITED STATES.

    (a) Designation of Covered Pipeline Projects.--
            (1) Authority.--The President may designate an interstate
        pipeline as a covered pipeline project if the President
        determines that the interstate pipeline is necessary to ensure
        energy supply for military installations, the defense
        industrial base, or critical infrastructure resilience.
            (2) Publication.--Each designation of an interstate
        pipeline as a covered pipeline project under this section shall
        be transmitted to Congress and published in the Federal
        Register.
    (b) Exclusive Federal Siting and Permitting Authority.--
            (1) Exclusive authority.--Notwithstanding any other
        provision of law, the Commission shall have exclusive authority
        to approve or deny an application for the siting, construction,
        expansion, or operation of a covered pipeline project.
            (2) Certificate.--Upon the filing of an application to
        site, construct, expand, or operate a covered pipeline project,
        the Commission shall issue or deny a certificate authorizing
        such siting, construction, expansion, or operation accordingly.
            (3) Lead agency.--The Commission shall act as the lead
        agency for purposes of coordinating all applicable Federal
        authorizations and related environmental reviews of a covered
        pipeline project.
    (c) Acquisition of Property Interests.--
            (1) Authority to acquire.--A holder of a certificate issued
        under subsection (b) may acquire any right-of-way, easement, or
        other interest in real property necessary for the siting,
        construction, expansion, or operation of the covered pipeline
        project for which the certificate was issued, by--
                    (A) negotiation and purchase; or
                    (B) the exercise of the right of eminent domain in
                the district court of the United States for the
                district in which the property is located, or in the
                appropriate court of the State in which the property is
                located, in accordance with paragraph (2).
            (2) Conditions on eminent domain.--
                    (A) Good faith negotiation required.--A certificate
                holder may not commence a proceeding under paragraph
                (1)(B) unless the certificate holder has made a good-
                faith effort to acquire the necessary property interest
                by negotiation, including a written offer of just
                compensation to the owner of record not later than 60
                days before commencing such proceeding.
                    (B) Just compensation.--Any acquisition under this
                subsection shall be subject to the payment of just
                compensation, as determined in accordance with the fair
                market value of the property interest acquired.
                    (C) Temporary workspace distinguished.--
                Compensation for a temporary construction easement
                shall be calculated separately from, and shall not be
                based on, the valuation methodology applied to a
                permanent right-of-way or easement, and shall account
                for the duration and scope of the temporary use.
                    (D) Severance damages.--Where an acquisition under
                this subsection affects less than the entirety of a
                parcel of real property, just compensation shall
                include any diminution in the fair market value of the
                remaining property proximately caused by the
                acquisition.
                    (E) Date of valuation.--Fair market value under
                this subsection shall be determined as of the date on
                which the certificate holder files a complaint in
                condemnation under paragraph (1)(B), or the date of
                taking, whichever is earlier.
            (3) Procedure.--Except as otherwise provided in this
        subsection, a proceeding under paragraph (1)(B) shall be
        conducted in accordance with rule 71.1 of the Federal Rules of
        Civil Procedure, or the applicable procedure of the State in
        which the property is located, as appropriate.
            (4) Notice to landowners.--Not later than 30 days before
        filing a complaint in condemnation under paragraph (1)(B), a
        certificate holder shall provide written notice to the owner of
        record of the affected property, which shall include--
                    (A) a description of the property interest sought;
                    (B) a written appraisal of the fair market value of
                the property interest, prepared by a qualified
                independent appraiser; and
                    (C) a statement of the owner's right to obtain an
                independent appraisal and to contest the amount of
                compensation offered.
    (d) Expedited Review.--
            (1) Timelines.--Notwithstanding any other provision of law,
        if--
                    (A) not later than 180 days after an application
                for a certificate is submitted under subsection (b), a
                Federal agency does not complete an action that is
                required with respect to a Federal authorization,
                including any proceeding, opinion, review, or decision,
                or related environmental review, such requirement shall
                be deemed satisfied and, if applicable, such Federal
                authorization shall be deemed approved; and
                    (B) not later than 60 days after an application for
                a certificate is submitted under subsection (b), a
                State, local, or Tribal agency does not complete an
                action that is required with respect to a Federal
                authorization, including any proceeding, opinion,
                review, or decision, or related environmental review,
                such requirement shall be deemed satisfied and, if
                applicable, such Federal authorization shall be deemed
                approved.
            (2) Limitation on alternatives.--Notwithstanding any other
        provision of law, in conducting any action with respect to a
        Federal authorization, including any proceeding, opinion,
        review, or decision, or related environmental review with
        respect to a covered pipeline project that requires the
        consideration of alternatives, including reviews under the
        National Environmental Policy Act of 1969, Federal and State
        agencies shall consider alternatives that are technically and
        economically feasible and consistent with national security
        objectives, as determined by the Commission, in consultation
        with the Secretary of Energy and the Secretary of Defense.
    (e) Federal Preemption of State and Local Requirements.--
            (1) In general.--No State, Tribal, or local government may
        enforce any law or regulation that--
                    (A) prohibits the siting, construction, expansion,
                or operation of a covered pipeline project or imposes
                any requirement, condition, limitation, or standard
                that would reasonably be expected to delay, increase
                the cost of, or otherwise impede the siting,
                construction, expansion, or operation, of a covered
                pipeline project; or
                    (B) imposes any requirement, condition, limitation,
                or standard on the siting, construction, expansion, or
                operation of a covered pipeline project that is
                inconsistent with a certificate issued under subsection
                (b).
            (2) Limitation on state permitting.--No State, Tribal, or
        local permit, approval, or certification shall be required for
        a covered pipeline project. Any such permit, approval, or
        certification may be issued for advisory purposes only and
        shall have no binding effect on the siting, construction,
        expansion or operation of the covered pipeline project.
            (3) Rule of construction.--Nothing in the section shall be
        construed to revise or alter the duties or authorities of the
        Commission with respect to any pipeline project that is not a
        covered pipeline project.
    (f) National Security Waiver Authority.--The President may waive
compliance any requirement of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the Clean Air Act (42 U.S.C. 7401 et
seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
if necessary to prevent unacceptable delay, as determined by the
President, of the siting, construction, expansion, or operation of a
covered pipeline project.
    (g) Congressional Notification and Oversight.--
            (1) Notification.--The President shall notify Congress not
        later than 7 days after any designation under subsection (a) or
        waiver under subsection (f).
            (2) Quarterly reports.--The President shall submit to
        Congress quarterly reports on all covered pipeline projects,
        including any waiver with respect to a covered pipeline project
        under subsection (f), and the status of each such covered
        pipeline project.
    (h) Delegation.--
            (1) In general.--The President may delegate any authority
        or responsibility under subsection (a), subsection (f), or
        subsection (g) to the Secretary of Energy.
            (2) Consultation.--If the Secretary of Energy is delegated
        authority or responsibility pursuant to subparagraph (A), the
        Secretary of Energy shall exercise such authority or
        responsibility in consultation with the Secretary of Defense.
    (i) Judicial Review.--
            (1) Exclusive jurisdiction.--Any claim arising under this
        Act shall be filed exclusively in the United States Court of
        Appeals for the District of Columbia Circuit.
            (2) Expedited review.--The United States Court of Appeals
        for the District of Columbia Circuit shall expedite review of
        any claim arising under this Act to the maximum extent
        practicable.
            (3) Standard of review.--Federal agency actions taken
        pursuant to this Act shall be upheld unless found to be
        arbitrary, capricious, or contrary to law.
    (j) Definitions.--In this Act:
            (1) Commission.--The term ``Commission'' means the Federal
        Energy Regulatory Commission.
            (2) Covered pipeline project.--The term ``covered pipeline
        project'' means any interstate pipeline for the transportation
        of crude oil, refined petroleum products, or natural gas, that
        is designated under subsection (a).
            (3) Critical infrastructure resilience.--The term
        ``critical infrastructure resilience'' means resilience of
        systems and assets, whether physical or virtual, so vital to
        the United States that the incapacity or destruction of such
        systems and assets would have a debilitating impact on
        security, national economic security, national public health or
        safety, or any combination of those matters.
            (4) Defense industrial base.--The term ``defense industrial
        base'' has the meaning given such term in section 236.2 of
        title 32, Code of Federal Regulations (as in effect on the date
        of enactment of this Act).
            (5) Federal authorization.--The term ``Federal
        authorization''--
                    (A) means any authorization required under Federal
                law with respect to an application for a certificate
                under subsection (b); and
                    (B) includes any permits, special use
                authorizations, certifications, opinions, or other
                approvals as may be required under Federal law with
                respect to an application for a certificate under
                subsection (b).
            (6) Military installation.--The term ``military
        installation'' means a base, camp, post, station, yard, center,
        or other activity under the jurisdiction of the Secretary of a
        military department under the operational control of the
        Secretary of a military department or the Secretary of Defense,
        without regard to the duration of operational control.
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