HouseH.R. 9338119th Congress
Pipeline Safety Authorization Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9338 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9338
To amend title 49, United States Code, to improve the safety of
pipeline transportation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2026
Mr. Weber of Texas introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure, and in addition to
the Committee on Energy and Commerce, 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 amend title 49, United States Code, to improve the safety of
pipeline transportation, and for other purposes.
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 ``Pipeline Safety Authorization Act of
2026''.
SEC. 2. DEFINITIONS.
Section 60101(a)(21)(B) of title 49, United States Code, is amended
to read as follows:
``(B) does not include--
``(i) gathering gas (except through
regulated gathering lines) in a rural area
outside a populated area designated by the
Secretary as a nonrural area; or
``(ii) moving gas through a piping system
for a purpose that directly supports the
operations of an onshore production, refining,
or manufacturing facility, including for use as
fuel or feedstock, if the piping system is--
``(I) an in-plant piping system
that is located entirely within the
boundary of the facility; or
``(II) a transfer piping system
that extends less than one mile in
length outside the boundaries of the
facility;''.
SEC. 3. MINIMUM SAFETY STANDARDS.
Section 60102(b) of title 49, United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (D), by striking ``benefits''
and inserting ``safety and economic benefits within the
United States''; and
(B) in subparagraph (E), by inserting ``within the
United States'' after ``costs'';
(2) in paragraph (3)(B), by striking ``benefits'' and
inserting ``safety and economic benefits within the United
States''; and
(3) in paragraph (5)--
(A) by inserting ``explicitly'' before
``required'';
(B) by inserting ``, economic,'' after ``safety'';
and
(C) by inserting ``within the United States'' after
``environmental benefits''.
SEC. 4. OPPORTUNITY FOR FORMAL HEARING.
(a) Enforcement Procedures.--Section 60117(b)(1) of title 49,
United States Code, is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(K) in the case of an enforcement matter relating
to a notice of a probable violation issued after the
date of enactment of the Pipeline Safety Authorization
Act of 2026, where the respondent can reasonably show
the cost of the proposed compliance action will exceed
$125,000, or where the proposed civil penalty is
$125,000 or more, provide an opportunity for a formal
hearing described in paragraph (2)(B).''.
(b) Protocols for Public Hearing.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Transportation shall
publish protocols for hearings open to the public pursuant to section
60117(b)(2) of title 49, United States Code, that ensure an orderly
process and protection of confidential information, in accordance with
section 554 of title 5, United States Code.
SEC. 5. SPECIAL PERMIT PROGRAM.
(a) Compliance and Waivers.--Section 60118(c)(1) of title 49,
United States Code, is amended by adding at the end the following:
``(C) Limitation on terms.--The Secretary shall
impose no terms on a waiver under this paragraph that
do not apply to known pipeline safety risks applicable
to the standard being waived under subparagraph (A).
``(D) Publication.--Upon completion of the
application requirements under section 190.341 of title
49, Code of Federal Regulations, or successor
regulations, the Secretary shall publish notice of the
application in the Federal Register.
``(E) Review of application.--The Secretary shall
complete a review of each such application not later
than 18 months after publishing a notice in the Federal
Register described in subparagraph (D) with respect to
the application.''.
(b) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committees on Energy and Commerce and
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the implementation by
the Administrator of the Pipeline and Hazardous Materials
Safety Administration of subparagraphs (C) through (E) of
section 60118(c)(1) of title 49, United States Code.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) a listing of each special permit application
applied for under section 60118(c)(1) of title 49,
United States Code;
(B) a brief summary of the purpose of each such
special permit;
(C) the date on which each such application was
received;
(D) the date on which each such application was
completed or, in the absence of completion, the status
of the application;
(E) the date on which the Secretary issued a
determination on the application; and
(F) the explanation of the Secretary for any
decision made outside the review period identified in
section 60118(c)(1)(E) of title 49, United States Code,
if applicable.
(c) GAO Report.--Not later than 1 year after the submission of the
report under subsection (b), the Comptroller General of the United
States shall submit to the Committees on Energy and Commerce and
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report assessing the Secretary of Transportation's implementation of,
and compliance with, subparagraphs (C) through (E) of section
60118(c)(1) of title 49, United States Code.
SEC. 6. STRENGTHENING PENALTIES FOR PIPELINE SAFETY VIOLATIONS.
Section 60123(b) of title 49, United States Code, is amended--
(1) by striking ``damaging or destroying'' and inserting
``damaging, destroying, or impairing the operation of''; and
(2) by inserting ``damaging or destroying such a facility
under construction and intended to be operated as such a
facility on completion of the construction,'' before ``or
attempting''.
SEC. 7. AUTHORIZATION LEVELS.
Section 60125 of title 49, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Gas and Hazardous Liquid.--
``(1) In general.--From fees collected under section 60301,
there are authorized to be appropriated to the Secretary to
carry out section 12 of the Pipeline Safety Improvement Act of
2002 (49 U.S.C. 60101 note; Public Law 107-355) and the
provisions of this chapter relating to gas and hazardous liquid
$180,786,000 for each of fiscal years 2027 through 2031, of
which--
``(A) $9,000,000 shall be used to carry out section
12 of the Pipeline Safety Improvement Act of 2002 (49
U.S.C. 60101 note; Public Law 107-355); and
``(B) $77,000,000 shall be used for making grants.
``(2) Trust fund amounts.--In addition to the amounts
authorized to be appropriated under paragraph (1), there are
authorized to be appropriated from the Oil Spill Liability
Trust Fund established by section 9509(a) of the Internal
Revenue Code of 1986 to carry out section 12 of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public
Law 107-355) and the provisions of this chapter relating to
hazardous liquid $30,000,000 for each of fiscal years 2027
through 2031, of which--
``(A) $3,000,000 shall be used to carry out section
12 of the Pipeline Safety Improvement Act of 2002 (49
U.S.C. 60101 note; Public Law 107-355); and
``(B) $13,000,000 shall be used for making grants.
``(3) Underground natural gas storage facility safety
account.--From fees collected under section 60302, there is
authorized to be appropriated to the Secretary to carry out
section 60141 $7,000,000 for each of fiscal years 2027 through
2031.''; and
(2) in subsection (b)(2), by striking ``2021 through 2023''
and inserting ``2027 through 2031''.
SEC. 8. PIPELINE SAFETY VOLUNTARY INFORMATION-SHARING SYSTEM.
(a) In General.--Chapter 601 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 60144. Voluntary information-sharing system
``(a) Establishment.--The Secretary shall establish a confidential
voluntary information-sharing system, in accordance with the
recommendations provided under section 10 of the PIPES Act of 2016,
that--
``(1) is a comprehensive, systematic, and integrated
structure for--
``(A) gathering, evaluating, and quantifying
critical pipeline safety data and information; and
``(B) sharing recommended remediation measures and
lessons learned across the pipeline industry in an
efficient and confidential manner;
``(2) will encourage the voluntary sharing of pipeline
safety data and information to improve the safety of pipeline
facilities; and
``(3) may not be used in relation to the enforcement of
requirements under this chapter.
``(b) Governance.--
``(1) Governing board.--
``(A) Establishment.--Not later than one year after
the date of enactment of the Pipeline Safety
Authorization Act of 2026, the Administrator of the
Pipeline and Hazardous Materials Safety Administration
shall appoint a governing board for the VIS in
accordance with this paragraph, after consulting with
public, government, and private pipeline safety
stakeholders.
``(B) Composition of the board.--The governing
board shall be comprised of 15 members and shall
represent a balanced cross-section of pipeline safety
stakeholders as follows:
``(i) 5 individuals shall be
representatives of departments, agencies, or
instrumentalities of the Federal Government and
of the States and territories, one of which
shall be the Administrator.
``(ii) 5 individuals shall be
representatives of the gas or hazardous liquid
industries, such as operators, trade
associations, inspection technology, coating,
and cathodic protection vendors, and pipeline
inspection organizations.
``(iii) 5 individuals shall be
representatives of general public safety
advocacy organizations, such as pipeline safety
and environmental advocacy groups, labor and
worker safety representatives, and the general
public.
``(C) Board terms.--Each member of the governing
board shall be appointed for three years, with the
terms of five of the members expiring each year. The
term of at least one and not more than two members
described in each of clauses (i), (ii), and (iii) of
subparagraph (B) shall expire each year. In the initial
appointment, terms of one, two, and three years shall
be established to allow the terms of five members to
expire thereafter each year. Each member may be
reappointed for consecutive three-year terms.
``(D) Co-chairs.--The governing board shall be co-
chaired by the Administrator, who shall appoint as co-
chairs, with advice and consent of the governing board,
a member appointed under each of clauses (ii) and (iii)
of subparagraph (B). The co-chairs shall be jointly
responsible for organizing and conducting meetings of
the governing board.
``(E) Authority.--The governing board shall make
decisions by a super-majority, defined as two-thirds
plus one of the governing board members, and shall have
the authority to--
``(i) govern and provide strategic
oversight of the VIS;
``(ii) develop and make public governance
documents, including a charter that describes
the scope of the authority and objectives of
the governing board;
``(iii) select a third-party data manager
with expertise in data protection, aggregation,
and analytics;
``(iv) approve the criteria and procedures
governing how the third-party data manager will
receive, secure, and accept for inclusion in
the VIS pipeline safety data and information;
``(v) establish and appoint members to
issue analysis teams;
``(vi) collaborate with the issue analysis
teams to--
``(I) identify the issues and
topics to be analyzed by the issue
analysis teams; and
``(II) specify the type of pipeline
safety data and information that the
issue analysis teams need to analyze
such issues and topics;
``(vii) determine the information to be
accepted for inclusion in, and shared using,
the VIS;
``(viii) determine the reports to be
accepted for inclusion in, and shared using,
the VIS;
``(ix) determine which participating
entities are authorized to access information
and reports included in the VIS;
``(x) at least once per year, issue a
public report on VIS processes, membership of
the governing board, issues being investigated
and analyzed, pipeline safety data and
information that the VIS has requested for
submission to the VIS, and safety trends
identified; and
``(xi) perform other functions as the
governing board decides are necessary or
appropriate, consistent with the purpose of the
VIS.
``(F) Federal advisory committee act
inapplicable.--The governing board shall not be subject
to the requirements of chapter 10 of title 5, United
States Code.
``(2) Program management.--The Administrator shall provide
program management and administrative support for the VIS,
including oversight of the third-party data manager.
``(3) Third-party data manager.--The third-party data
manager selected by the governing board shall provide data
management and data oversight services for the VIS, including--
``(A) receiving and securing pipeline safety data
and information submitted to the VIS;
``(B) accepting for inclusion in the VIS such
pipeline safety data and information that meets the
criteria and procedures established by the governing
board under paragraph (1)(E)(iv);
``(C) deidentifying, storing, and managing pipeline
safety data and information that is accepted for
inclusion in the VIS;
``(D) collaborating with the issue analysis teams
to analyze and aggregate pipeline safety data and
information that is accepted for inclusion in the VIS;
``(E) preparing reports as requested by the
governing board regarding the type of pipeline safety
data and information that is included in the VIS; and
``(F) making recommendations to the governing board
regarding the management of pipeline safety data and
information, as appropriate.
``(4) Issue analysis teams.--The issue analysis teams
established by the governing board shall--
``(A) consist of technical and subject matter
experts;
``(B) work with the third-party data manager to
aggregate and analyze pipeline safety data and
information submitted to the VIS that is related to
issues and topics identified by the governing board;
and
``(C) collaborate with the governing board to
identify issues and topics for analysis and submit
internal reports and recommendations to the governing
board on the identified issues and topics.
``(5) Participation.--
``(A) Voluntary participation.--No person shall be
required to participate in or submit data or
information for inclusion in the VIS.
``(B) Prohibition.--The criteria and procedures
established under paragraph (1)(E)(iv) shall prohibit
the acceptance of data or information about an operator
if the operator has not authorized the submission of
the data or information.
``(C) Sharing of information.--The governing board
shall encourage the voluntary sharing of pipeline
safety data and information among participating
entities.
``(c) Information Sharing.--Pipeline safety data and information
accepted for inclusion in the VIS shall be related to the issues and
topics identified by the governing board to be analyzed by the issue
analysis teams, including--
``(1) pipeline integrity risk analysis information;
``(2) lessons learned from accidents and near misses;
``(3) process improvements;
``(4) technology deployment practices;
``(5) information obtained through VIS pipeline safety
surveys of pipeline operator employees, provided that such
surveys are voluntarily agreed to by the pipeline operator; and
``(6) pipeline safety data and information that may lead to
the identification of pipeline safety risks, as determined by
the governing board.
``(d) Confidentiality.--
``(1) Nonpublic information.--To facilitate the sharing of
otherwise nonpublic pipeline safety data and information in the
VIS, nonpublic information accepted for inclusion in the VIS
shall be kept confidential, except as provided in paragraph
(2).
``(2) Deidentified nonpublic information.--
``(A) Safety.--The governing board may approve the
disclosure of deidentified nonpublic information
through the VIS, or by the Administrator of the
Pipeline and Hazardous Materials Safety Administration,
that the governing board in its sole discretion
determines is appropriate to disclose to improve
pipeline safety, based on analysis of the deidentified
information and any safety findings or recommendations.
``(B) Reports.--The governing board, in issuing
public reports under subsection (b)(1)(E)(x), shall
approve the disclosure of deidentified nonpublic
information through the VIS that the governing board
determines is necessary to adequately describe and
illustrate the issues and topics being investigated and
analyzed using the VIS.
``(3) Prohibition.--Except as provided in paragraph (2), no
person, including any governing board member, the third-party
data manager, any issue analysis team member, nor any Federal,
State, local, or Tribal agency, having or obtaining access to
nonpublic information accepted for inclusion in the VIS, shall
release or communicate such nonpublic information, in either an
identified or deidentified form, to any person the governing
board has not authorized to access such information.
``(e) Applicability of FOIA.--Any nonpublic information that is
accepted for inclusion in the VIS and subsequently obtained by the
Secretary or the Administrator from the VIS is exempt from the
requirements of section 552 of title 5, and specifically exempt from
release under subsection (b)(3) of such section.
``(f) Exclusions.--
``(1) Excluded evidence.--Except as provided in paragraph
(3), nonpublic information accepted for inclusion in the VIS
shall not be obtained from the VIS--
``(A) for use as evidence for any purpose in any
Federal, State, local, Tribal, or private litigation,
including any action or proceeding; or
``(B) to initiate any enforcement action or civil
litigation against a pipeline operator or its employees
or contractors relating to a probable violation under
this chapter (including any regulation promulgated or
order issued under this chapter).
``(2) Exclusion from discovery.--Except as provided in
paragraph (3), nonpublic information accepted for inclusion in
the VIS shall not be subject to discovery from the VIS in any
Federal, State, local, Tribal, or private litigation or other
proceeding.
``(3) Limitations on exclusions.--The exclusions described
in paragraphs (1) and (2) shall not apply to--
``(A) data or information that is evidence of a
criminal violation;
``(B) data or information not related to the
activities described in subsection (a)(1) for which the
VIS is established;
``(C) data or information otherwise required to be
reported to the Secretary under part 191 (including
information about an incident or accident), part 192,
part 194, part 195, or part 199 of title 49, Code of
Federal Regulations (or a successor regulation) or
required to be reported under the requirements of a
State authority; or
``(D) data or information developed or obtained
from a source other than the VIS.
``(g) No Effect on Discovery.--
``(1) In general.--Nothing in this section, nor any rule,
regulation, or amendment shall be construed to create a defense
to a discovery request or otherwise limit or affect the
discovery of pipeline safety data and information arising from
a cause of action authorized under any under Federal, State, or
local law.
``(2) Exception.--Paragraph (1) shall not apply to
exclusions from discovery from the VIS as described in
subsection (f)(2).
``(h) Reporting.--Not later than the end of each fiscal year, the
Secretary shall submit to Congress a report on the status of the VIS.
``(i) Definitions.--In this section:
``(1) Nonpublic information.--The term `nonpublic
information' means any data or information, regardless of form
or format, that a company does not disclose, disseminate, or
make available to the public or that is not otherwise in the
public domain.
``(2) Participating entity.--The term `participating
entity' means an entity determined appropriate by the Secretary
to submit information for inclusion in the VIS, or to be
authorized to access information and reports included in the
VIS, including--
``(A) an operator of a pipeline facility, and
related employees, labor unions, contractors, in-line
inspection service providers, and nondestructive
evaluation experts;
``(B) the Pipeline and Hazardous Materials Safety
Administration; and
``(C) a representative of a State pipeline safety
agency, a Tribal agency, a pipeline safety advocacy
group, a manufacturer of materials or equipment used in
pipeline facilities, a research or academic
institution, and other pipeline stakeholders.
``(3) Public information.--The term `public information'
means any data or information, regardless of form or format,
that a company discloses, disseminates, or makes available to
the public or that is otherwise in the public domain.
``(4) VIS.--The term `VIS' means the voluntary information-
sharing system established under subsection (a).''.
(b) Clerical Amendment.--The table of sections for chapter 601 of
title 49, United States Code, is amended by adding at the end the
following:
``60144.Voluntary information-sharing system.''.
SEC. 9. EXCAVATION DAMAGE PREVENTION.
(a) Grants to States.--Section 6106 of title 49, United States
Code, is amended--
(1) in subsection (b), by inserting ``adoption or progress
toward adoption of the leading practices listed in subsection
(b) and'' before ``legislative and regulatory'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Leading Practices.--Each State shall adopt as a part of its
State one-call notification program leading practices that--
``(1) identify the size and scope of a one-call ticket for
standard locate requests, including process exceptions for
special large project tickets;
``(2) restrict the longevity of a one-call ticket for
standard locate requests, which may include process exceptions
for special large project tickets;
``(3) examine and limit exemptions to the State one-call
notification program to prevent common excavation damage
incidents, including limiting exemptions for--
``(A) excavation or demolition performed by the
owner of a single-family residential property;
``(B) any excavation of 18 inches or less when
maintenance activities are performed;
``(C) repairing, connecting, adjusting, or
conducting routine maintenance of a private or public
underground utility facility; and
``(D) municipalities, public works organizations,
and State departments of transportation for road
maintenance;
``(4) specify tolerance zone horizontal dimensions and
requirements for hand-dig, hydro, vacuum excavation, and other
nonintrusive methods;
``(5) specify emergency excavation notification
requirements, including defining emergency excavation and
identifying the notification requirements for an emergency
excavation;
``(6) specify the responsibilities of the excavator,
including the reporting of damages due to excavation
activities;
``(7) define who is an excavator and what is considered
excavation;
``(8) require the use of white lining or electronic white
lining, allowing for exceptions for special large project
tickets;
``(9) require a positive response, meaning the utility,
municipality, or other entity marks the area of excavation in
positive response to the notification center and the excavator
confirms a positive response before beginning excavation;
``(10) require newly installed underground facilities to be
locatable;
``(11) require the marking of lines and laterals, including
sewer lines and laterals;
``(12) require training programs and requirements for
third-party excavators performing excavation activities that
are not subject to pipeline construction requirements under
part 192 or part 195 of title 49, Code of Federal Regulations
(or any successor regulations);
``(13) require training for locate professionals; and
``(14) encourage the use of commercially available
technologies to locate underground facilities, such as those
that incorporate geographic information systems and enhanced
positive response.
``(c) Report to Congress.--
``(1) Initial report.--Not later than 3 years after the
date of enactment of the Pipeline Safety Authorization Act of
2026, the Secretary shall submit to the Committees on Energy
and Commerce and Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing--
``(A) the adoption of the leading practices
described in subsection (b);
``(B) recommendations to increase the adoption of
such leading practices and recommendations for the
reduction of excavation damage incidents; and
``(C) the number of underground facility damages
per 1,000 one-call tickets in each State for the
reporting year.
``(2) Additional reports.--Not later than once every 2
years beginning after the submittal of the report under
paragraph (1), the Secretary shall submit to the Committees on
Energy and Commerce and Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report detailing--
``(A) the adoption of the leading practices
described in subsection (b);
``(B) recommendations to increase the adoption of
such leading practices and recommendations for the
reduction of excavation damage incidents; and
``(C) the number of underground facility damages
per 1,000 one-call tickets in each state for each year
covered by the report.''; and
(4) by adding at the end the following:
``(f) Savings Clause.--This section shall not affect--
``(1) the eligibility of a State or State authority for a
grant or payment under section 60107 or 60134;
``(2) the requirements of section 60105 with respect to
certifications under such section; or
``(3) the requirements of section 60106 with respect to
agreements under such section.''.
(b) State Damage Prevention Programs.--Section 60134(c) of title
49, United States Code, is amended--
(1) by striking ``In making grants'' and inserting the
following:
``(1) In general.--In making grants''; and
(2) by adding at the end the following:
``(2) Considerations.--In evaluating criteria for
determining the effectiveness of the damage prevention program
of a State, the Secretary shall consider whether the State has,
at a minimum--
``(A) effective, active, and consistent enforcement
of the State one-call notification program, as such
term is defined in section 6102, (including consistency
in the application of enforcement resources, fines, and
penalties to all relevant stakeholders, such as
operators, locators, and excavators);
``(B) data reporting requirements, including--
``(i) to the local one-call center for
excavation damage events on pipelines and other
underground facilities, that are not privately
owned, including (if available at the time of
reporting)--
``(I) information about the nature
of the incident, including the facility
damaged and the apparent cause of such
damage (with supporting documentation);
``(II) the organizations or
entities involved;
``(III) the impact to public
safety, utility operations, and
customer service; and
``(IV) the impact to the
environment; and
``(ii) to a nationally focused nonprofit
organization specifically established for the
purpose of reducing construction-related
damages to pipelines and other underground
facilities, of damages and near-miss events to
pipelines and other underground facilities from
excavation damages, including potential
contributing factors, facility damaged, type of
excavator, work performed, equipment type, and
State; and
``(C) performance measures to determine the
effectiveness of excavation damage prevention
efforts.''.
SEC. 10. CIVIL PENALTIES.
Section 60122(a)(1) of title 49, United States Code, is amended
by--
(1) striking ``$200,000'' and inserting ``$341,200''; and
(2) striking ``$2,000,000'' and inserting ``$3,412,000''.
SEC. 11. USER FEES.
Section 60301(d)(2) of title 49, United States Code, is amended by
inserting ``shall remain available in the Pipeline Safety Fund until
expended and'' before ``may be used''.
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