119 HR 9338 IH: Pipeline Safety Authorization Act of 2026
U.S. House of Representatives
2026-06-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the Pipeline Safety Authorization Act of 2026
. 2.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;. 3.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
.
4.Opportunity for formal hearing
(a)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 hearingNot 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.
5.
(a)Section 60118(c)(1) of title 49, United States Code, is amended by adding at the end the following: (C)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)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)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)
(1)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)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)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. 6.Strengthening penalties for pipeline safety violationsSection 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
.
7.Section 60125 of title 49, United States Code, is amended— (1)by amending subsection (a) to read as follows:
(a)
(1)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)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 accountFrom 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
.
8.Pipeline safety voluntary information-sharing system
(a)Chapter 601 of title 49, United States Code, is amended by adding at the end the following: 60144.Voluntary information-sharing system (a)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) (1) (A)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)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)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)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)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 inapplicableThe governing board shall not be subject to the requirements of chapter 10 of title 5, United States Code. (2)The Administrator shall provide program management and administrative support for the VIS, including oversight of the third-party data manager.
(3)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)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) (A)No person shall be required to participate in or submit data or information for inclusion in the VIS.
(B)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)The governing board shall encourage the voluntary sharing of pipeline safety data and information among participating entities.
(c)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) (1)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)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)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)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)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)
(1)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)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 exclusionsThe 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) (1)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)Paragraph (1) shall not apply to exclusions from discovery from the VIS as described in subsection (f)(2). (h)Not later than the end of each fiscal year, the Secretary shall submit to Congress a report on the status of the VIS.
(i)In this section: (1)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)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)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)The term VIS means the voluntary information-sharing system established under subsection (a)..
(b)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.. 9.Excavation damage prevention (a)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)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)
(1)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)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)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 programsSection 60134(c) of title 49, United States Code, is amended—
(1)by striking In making grants
and inserting the following: (1)In making grants; and
(2)by adding at the end the following: (2)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.. 10.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
.
11.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
.