Bill

HR 9338

Pipeline Safety Authorization Act of 2026

119th Congress

The bill strengthens pipeline safety by expanding enforcement, increasing penalties, expanding funding and oversight, and creating a confidential voluntary information-sharing syst

Introduced in House

WeVote Research Nonpartisan

Bill Summary · HR 9338

Purpose and overall aim

Bill: HR 9338, the Pipeline Safety Authorization Act of 2026.
Objective: Amend title 49 of the U.S. Code to enhance the safety of pipeline transportation and strengthen related oversight, enforcement, funding, and information-sharing mechanisms.

Key provisions and changes

Definitions
- Modifies existing definitions to clarify exclusions from certain pipeline safety regimes. Specifically narrows what is considered gathering gas or on-site/in-plant piping related to production/refining facilities, with limited in-plant or transfer piping outside facility boundaries.
Minimum safety standards
- Reframes cost-benefit language to emphasize safety and economic benefits within the United States.
- Requires that safety and economic analyses explicitly consider benefits and costs “within the United States.”
Opportunity for formal hearing (enforcement)
- Creates a right to a formal hearing in enforcement matters when:
- Proposed compliance action costs exceed $125,000, or
- Proposed civil penalties are $125,000 or more.
- Requires publication of hearing protocols within one year, ensuring open public hearings with confidentiality protections (per section 554, title 5, U.S.C.).
Special permit program
- Expands a waivers mechanism to ensure terms apply to known pipeline safety risks.
- Requires public notice of applications and establishes an 18-month period for the Secretary to complete a review.
- Requires a Congress-wide report within 2 years detailing implementation under subparagraphs (C)-(E) of section 60118(c)(1) and related processes.
Strengthening penalties for pipeline safety violations
- Broadens and strengthens penalties to deter damaging, destroying, or impairing operation of pipeline facilities, including facilities under construction.
Authorization levels (funding)
- Sets explicit authorized appropriations for gas and hazardous liquid programs (fiscal years 2027–2031), including:
- Approximately $180.786 million annually, with specific allocations for:
  - Section 12 program under Pipeline Safety Improvement Act of 2002
  - Grants (approx. $77 million)
- Provides additional trust fund resources from the Oil Spill Liability Trust Fund for grants and program activities.
- Allocates $7 million per year for underground natural gas storage facility safety accounts (2027–2031).
- Adjusts prior-year reference years to align with 2027–2031 planning.
Voluntary information-sharing system (VIS)
- Creates a new confidential, voluntary information-sharing system to collect and analyze pipeline safety data and disseminate remedial recommendations.
- Establishes a governing board (15 members) with representation from federal/state agencies, industry, and public safety advocates.
- Board functions include governance, data-management oversight, appointing issue analysis teams, and producing annual public process reports.
- Introduces a third-party data manager to handle data receipt, de-identification, storage, analysis, and reporting under board oversight.
- Ensures data shared via VIS remains confidential and nonpublic, with specific exclusions and protections from routine discovery and FOIA, subject to limited disclosures for safety purposes or required investigations.
- Participation is voluntary for operators and other stakeholders; data submission requires authorization from the operator.
Excavation damage prevention (one-call programs)
- Requires states to adopt leading practices for excavation damage prevention, including:
- Standardizing one-call ticketing, limiting ticket longevity, and narrowing exemptions to reduce excavation damage.
- Defining excavation,.
- Establishes a detailed set of leading practices:
- Hand-dig, nonintrusive methods, training for excavators and locate professionals, use of white lining, positive response, marking requirements, and technology adoption.
- Requires reporting to Congress:
- Initial report within 3 years detailing adoption, recommendations to boost adoption and reduce damages, and state-level damages per 1,000 tickets.
- Biennial reports thereafter updating adoption, recommendations, and state-wide damages.
- Savings clause preserves the integrity of existing grant and certification programs and state authority.
Civil penalties (updated penalties)
- Increases maximum civil penalties from prior levels to higher figures (rounded to $341,200 and $3,412,000 in specified contexts).
User fees
- Enhances flexibility on how Pipeline Safety Fund fees are used, keeping funds available until expended.

Who or what would be affected

Operators and owners of gas and hazardous liquid pipelines.
Pipeline safety enforcement agencies (primarily PHMSA) and federal/state/tribal regulators.
State one-call (excavation damage prevention) programs and excavators, utility operators, and contractors.
Public safety advocates, labor representatives, manufacturers, and research/academic institutions participating in VIS.
General public through enhanced safety data sharing and improved risk mitigation.

Procedural and timeline aspects

Enforcement hearings: Right to formal hearing triggered for certain enforcement actions post-enactment; hearing protocols to be published within 1 year.
Special permits: Applications reviewed within 18 months; Congress to receive a detailed implementation report within 2 years.
VIS: Governing board established within 1 year; ongoing governance and annual public reporting requirements.
Excavation damage reporting: Initial report due within 3 years; subsequent biennial reports thereafter.
Funding: New and adjusted funding levels span 2027–2031, with annual appropriations and trust-fund allocations specified.
Penalties and definitions: Adjustments to penalties and expanded definitions to broaden enforcement reach.

If you’d like, I can provide a concise one-page briefing or a comparison sheet against current law to highlight exact changes.

Compiled from official sources — confirm details with the bill’s official record.