(a) In general

Chapter 601 of title 49, United States Code, is amended by adding at the end the following:

60144. Voluntary information-sharing system

(a) Definitions

In this section:

(1) Administrator

The term Administrator means the Administrator of the Pipeline and Hazardous Materials Safety Administration.

(2) Governing Board

The term Governing Board means the governing board established under subsection (d)(1).

(3) Issue Analysis Team

The term Issue Analysis Team means an Issue Analysis Team established under subsection (g)(1).

(4) Program Manager

The term Program Manager means the Program Manager described in subsection (e).

(5) Third-Party Data Manager

The term Third-Party Data Manager means the Third-Party Data Manager appointed under subsection (f)(1).

(6) VIS

The term VIS means the voluntary information-sharing system established under subsection (b)(1).

(b) Establishment

(1) In general

Not later than 1 year after the date of enactment of this section, the Secretary shall establish a confidential and nonpunitive voluntary information-sharing system to encourage the sharing of pipeline safety data and information in order to improve the safety of gas transmission pipelines, gas distribution pipelines, liquefied natural gas facilities, underground natural gas storage facilities, and hazardous liquid pipelines.

(2) Requirement

The VIS shall be implemented and managed in accordance with the report entitled Pipeline Safety Voluntary Information-Sharing System Recommendation Report prepared under section 10 of the PIPES Act of 2016 (49 U.S.C. 60108 note; Public Law 114–183) by the Voluntary Information Sharing System Working Group convened under that section.

(3) Purpose

The purpose of the VIS shall be to serve as a comprehensive and integrated system—

(A)

to gather, evaluate, and quantify critical pipeline safety data and information; and

(B)

to share recommended remediation measures and lessons learned across the pipeline industry in an efficient and confidential manner.

(c) Governance

The VIS shall be governed, in accordance with this section, by the Governing Board, with support from—

(1)

the Program Manager;

(2)

the Third-Party Data Manager; and

(3)

1 or more Issue Analysis Teams.

(d) Governing board

(1) In general

Not later than 180 days after the date of enactment of this section, the Administrator, after consulting with public and private pipeline safety stakeholders, shall establish a governing board for the VIS.

(2) Composition

(A) In general

The Governing Board shall be composed of 15 members who shall represent a balanced cross-section of pipeline safety stakeholders, in accordance with subparagraphs (B) and (C).

(B) Representation

The Governing Board shall be composed of the following members:

(i)

5 individuals selected from relevant pipeline safety departments, agencies, or instrumentalities of the Federal Government or State or territorial governments, 1 of whom shall be the Administrator (or a designee of the Administrator).

(ii)

5 individuals selected from the gas or hazardous liquid industries, such as individuals representing or otherwise associated with—

(I)

operators;

(II)

trade associations;

(III)

inspection technology, coating, or cathodic protection vendors;

(IV)

standards development organizations;

(V)

research and development consortia; or

(VI)

pipeline inspection organizations.

(iii)

5 individuals selected from general public safety advocacy organizations with relevant pipeline safety expertise, including—

(I)

pipeline safety and environmental public interest groups;

(II)

public institutions of higher education with pipeline safety expertise; and

(III)

nonprofit employee labor organizations.

(C) Requirements

(i) Pipeline industry

At least 1 member of the Governing Board appointed under subparagraph (B)(ii) shall be a representative of the pipeline industry.

(ii) Pipeline safety public interest groups

At least 1 member of the Governing Board appointed under subparagraph (B)(iii) shall be a representative of a pipeline safety public interest group.

(3) Terms

(A) In general

Except as provided in subparagraph (B), each member of the Governing Board shall be appointed for a term of 3 years.

(B) Initial members

In appointing the initial members of the Governing Board, the Administrator shall appoint members to terms of 1, 2, or 3 years to ensure that each year thereafter—

(i)

the terms of 5 members will expire; and

(ii)

the term of not less than 1 and not more than 2 members described in each of clauses (i) through (iii) of paragraph (2)(B) will expire.

(C) Reappointment

A member or former member of the Governing Board appointed under clause (i) or (ii) of paragraph (2)(B) may be reappointed, but may only serve for a total of 3 terms.

(4) Co-chairs

(A) In general

The Governing Board shall be co-chaired by—

(i)

the Administrator (or a designee of the Administrator);

(ii)

a representative of the pipeline industry appointed under paragraph (2)(B)(ii), who shall be appointed co-chair by the Administrator, with the advice and consent of the Governing Board; and

(iii)

a representative of a pipeline safety public interest group, who shall be appointed co-chair by the Administrator, with the advice and consent of the Governing Board.

(B) Responsibilities of co-chairs

The co-chairs shall be jointly responsible for organizing and conducting meetings of the Governing Board.

(5) Authority

The Governing Board shall have authority—

(A)

to govern and provide strategic oversight of the VIS;

(B)

to develop governance documents, including a charter for the Governing Board that shall—

(i)

be made available to the public; and

(ii)

describe—

(I)

the scope of the authority of the Governing Board; and

(II)

the objectives of the Governing Board;

(C)

to select and appoint the Third-Party Data Manager in accordance with subsection (f);

(D)

to approve the criteria and procedures governing how the Third-Party Data Manager will receive and accept pipeline safety data and information;

(E)

to establish, and appoint members of, Issue Analysis Teams in accordance with subsection (g);

(F)

to collaborate with Issue Analysis Teams to identify issues and topics to be analyzed by the Issue Analysis Teams;

(G)

to collaborate with Issue Analysis Teams to specify the type of pipeline safety data and information necessary for the Issue Analysis Teams to analyze the issues and topics identified under subparagraph (F);

(H)

to determine the information to be disseminated by the VIS;

(I)

to determine the reports to be disseminated by the VIS;

(J)

to issue, not less frequently than annually, publicly available reports on—

(i)

VIS processes;

(ii)

the membership of the Governing Board;

(iii)

issues and topics being investigated and analyzed by Issue Analysis Teams or the Governing Board;

(iv)

pipeline safety data and information that the VIS has requested for submission to the VIS; and

(v)

safety trends identified by the Administrator, Issue Analysis Teams, or the Governing Board; and

(K)

to perform such other functions that the Governing Board determines are—

(i)

necessary or appropriate; and

(ii)

consistent with the purpose of the VIS described in subsection (b)(3).

(6) Decisionmaking

(A) In general

Decisions and approvals of the Governing Board shall be made by a super-majority of the members, as described in subparagraph (B).

(B) Supermajority described

A supermajority referred to in subparagraph (A) shall consist of not fewer than—

(i)

2⁄3 of the total members of the Governing Board; and

(ii)

1 additional member of the Governing Board.

(e) Program manager

(1) In general

The Administrator (or a designee of the Administrator) shall serve as the Program Manager for the VIS.

(2) Responsibilities

The Program Manager shall provide the day-to-day program management and administrative support for the VIS, including oversight of the Third-Party Data Manager.

(f) Third-Party Data Manager

(1) In general

The Governing Board shall appoint a Third-Party Data Manager to provide data management and data oversight services for the VIS.

(2) Qualifications

The Third-Party Data Manager shall have expertise in data protection, aggregation, and analytics.

(3) Responsibilities

In carrying out the services described in paragraph (1), the Third-Party Data Manager shall—

(A)

receive and secure pipeline safety data and information submitted to the VIS;

(B)

accept pipeline safety data and information submitted to the VIS that meets the criteria and procedures approved by the Governing Board under subsection (d)(5)(D);

(C)

de-identify, store, and manage pipeline safety data and information that is accepted by the VIS;

(D)

collaborate with Issue Analysis Teams to analyze and aggregate pipeline safety data and information that is accepted by the VIS;

(E)

prepare reports as requested by the Governing Board regarding the type of pipeline safety data and information that is managed by the VIS; and

(F)

make recommendations to the Governing Board regarding the management of pipeline safety data and information by the VIS, as appropriate.

(g) Issue Analysis Teams

(1) In general

The Governing Board shall establish, and appoint the members of, 1 or more Issue Analysis Teams as the Governing Board determines to be appropriate and relevant to the pipeline safety work of the VIS.

(2) Qualifications

An Issue Analysis Team established under paragraph (1) shall—

(A)

subject to subparagraph (B), consist of pipeline safety technical and subject matter experts; and

(B)

may include, as appropriate, representatives from public safety advocacy organizations described in subsection (d)(2)(B)(iii).

(3) Responsibilities

An Issue Analysis Team shall—

(A)

work with the Third-Party Data Manager to aggregate and analyze pipeline safety data and information submitted to the VIS relating to the issues and topics analyzed by the Issue Analysis Team; and

(B)

submit internal reports and recommendations to the Governing Board on those issues and topics.

(h) Application of FACA

Chapter 10 of title 5 (commonly referred to as the Federal Advisory Committee Act) shall not apply to—

(1)

the VIS;

(2)

the Governing Board; or

(3)

any Issue Analysis Team.

(i) Participation in the VIS

(1) In general

The submission of data and information to the VIS by any person shall be voluntary, with no person compelled to participate in, or to submit data or information to any person for inclusion in, the VIS.

(2) Requirement

The VIS shall not accept data or information relating to an operator if the operator has not authorized the submission of that data or information for inclusion in the VIS.

(3) Encouraging information sharing

The Governing Board shall encourage the voluntary sharing of pipeline safety data and information among—

(A)

operators of gas transmission, gas distribution, and hazardous liquid pipelines;

(B)

employees of those operators;

(C)

labor unions representing those employees;

(D)

contractors of the operators described in subparagraph (A);

(E)

in-line inspection service providers;

(F)

non-destructive evaluation experts;

(G)

the Pipeline and Hazardous Materials Safety Administration; and

(H)

representatives of—

(i)

State pipeline safety agencies;

(ii)

relevant Tribal agencies;

(iii)

pipeline safety public interest groups;

(iv)

manufacturers of gas transmission, gas distribution, and hazardous liquid pipeline infrastructure and equipment; and

(v)

relevant research and academic institutions.

(4) Limitation on inclusion of data and information in the VIS

Pipeline safety data and information accepted by the Third-Party Data Manager for inclusion in the VIS under subsection (f)(3)(B) shall be related to the issues and topics identified by the Governing Board for analysis by an Issue Analysis Team under subsection (d)(5)(F).

(5) Types of data and information included in the VIS

Pipeline safety data and information accepted by the Third-Party Data Manager for inclusion in the VIS under subsection (f)(3)(B) may include—

(A)

pipeline integrity risk analysis information;

(B)

lessons learned from accidents and near misses;

(C)

process improvements;

(D)

technology deployment practices;

(E)

information obtained through VIS pipeline safety surveys of pipeline operator employees, subject to the condition that such surveys are voluntarily agreed to by the pipeline operator;

(F)

pipeline safety data and information which may lead to the identification of pipeline safety risks, as specified by the Governing Board; and

(G)

any other relevant data or information, as determined by the Governing Board.

(j) Confidentiality

(1) In general

To facilitate the sharing of otherwise nonpublic pipeline safety data and information with the VIS, the data and information accepted, stored, managed, analyzed, or produced by the VIS—

(A)

shall be kept confidential by the VIS; and

(B)

except as otherwise provided in this section, is not subject to disclosure by the VIS under any other law.

(2) Prohibition

Except as provided in paragraph (3), no person, including the Program Manager, the Third-Party Data Manager, any member of the Governing Board, and any member of an Issue Analysis Team, and no Federal, State, local, or Tribal agency having or obtaining access to nonpublic information accepted, analyzed, stored, managed, or produced by the VIS may release or communicate that nonpublic information from the VIS, either in an identified or de-identified form, to any person who does not have the authority to view VIS data.

(3) Exception

(A) In general

Notwithstanding paragraphs (1) and (2) and subsections (k) and (l), on approval by the Governing Board under subparagraph (B), the Governing Board or the Administrator may disclose de-identified nonpublic information obtained by the VIS.

(B) Approval

Approval to disclose de-identified nonpublic information under subparagraph (A)—

(i)

shall be based on an analysis of the de-identified nonpublic information; and

(ii)

may, in the sole discretion of the Governing Board, consist of any safety findings or recommendations that the Governing Board determines to publish or authorizes the Administrator to publish to improve pipeline safety.

(C) Public reports

In issuing public reports under subsection (d)(5)(J), the Governing Board shall approve the disclosure of de-identified nonpublic information obtained by the VIS that the Governing Board determines is necessary to adequately describe and illustrate the issues and topics being investigated and analyzed by Issue Analysis Teams or the Governing Board.

(4) Savings provision

This subsection does not apply to public information that may be submitted to the VIS.

(k) Applicability of FOIA

(1) Exemption

Any nonpublic information that is accepted, stored, managed, analyzed, or produced by 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.

(2) Applicability

For purposes of paragraph (1), this section shall be considered to be a statute described in section 552(b)(3)(B) of title 5.

(l) Exclusion of VIS information in litigation and other proceedings

(1) Excluded evidence

Except as provided in paragraph (3), any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS may 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 the employees or contractors of a pipeline operator 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), any nonpublic information that is accepted, stored, managed, analyzed, or produced by 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 data or information that—

(A)

is evidence of a criminal violation;

(B)

is not related to the purpose of the VIS described in subsection (b)(3);

(C)

is otherwise required to be reported to the Secretary under part 190, 191 (including information about an incident or accident), 192, 194, 195, or 199 of title 49, Code of Federal Regulations (or successor regulations);

(D)

is required to be reported to a State authority under State pipeline safety laws; or

(E)

is developed or obtained from a source other than the VIS, including through discovery from a person or an entity other than the VIS in an enforcement action or private litigation.

(m) Effect on discovery

Except as provided in subsection (l)(2), nothing in this section or any rule or regulation promulgated under this section—

(1)

creates a defense to a discovery request; or

(2)

otherwise limits or affects the discovery of pipeline safety data and information arising from a cause of action authorized under any other Federal, State, or local law.

(n) Savings provision

Nothing in this section affects any Federal, State, or local pipeline safety law.

(o) Annual reports

Each fiscal year, the Secretary shall submit to Congress, by the end of that fiscal year, a report on the status of the VIS.

(p) Funding

(1) Sustainable funding

The Secretary shall—

(A)

explore sustainable funding sources for the VIS, including public-private partnerships; and

(B)

to the maximum extent practicable, sustainably fund the VIS through the use of those sustainable funding sources.

(2) Limited additional funding

In addition to the fees collected under section 60301, the Secretary may collect an additional $5,000,000 under that section for each of fiscal years 2024 through 2027 to establish, implement, and manage the VIS.

(b) Definitions

Section 60101(a) of title 49, United States Code, is amended—

(c) Clerical amendment

The analysis for chapter 601 of title 49, United States Code, is amended by adding at the end the following:

(d) Conforming amendments

(e) Technical corrections

Section 60101(a) of title 49, United States Code (as amended by subsection (b)), is amended—