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:

60144.

Voluntary information-sharing system

(a)

Establishment

(1)

In general

The Secretary shall establish a confidential voluntary information-sharing system (referred to in this section as VIS) to encourage the sharing of pipeline safety data and information in a non-punitive context in order to improve the safety of gas, carbon dioxide, and hazardous liquid gathering, transmission, and distribution pipelines and facilities, including storage facilities. (2)

Purpose

The purpose of the VIS is to establish a comprehensive, systematic, and integrated structure to gather, evaluate, and quantify critical pipeline safety data and information and to share recommended remediation measures and lessons learned across the pipeline industry in an effort to improve pipeline safety, including damage prevention efforts, while protecting participant confidentiality. (3)

Implementation and management

In establishing the VIS under this section, the Secretary shall implement and manage such VIS based on the Pipeline Safety Voluntary Information-Sharing System Recommendation Report prepared pursuant to section 10 of the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (49 U.S.C. 60108 note). (4)

Inapplicability of FACA

The VIS shall not be considered a Federal advisory committee and shall not be subject to the requirements of chapter 10 of title 5. (b)

Governance

(1)

In general

A Governing Board, a Program Manager, a Third-Party Information Manager, and Issue Analysis Teams shall govern the VIS. (2)

Governing board

(A)

In general

Not later than 180 days after the date of enactment of this section, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall appoint a Governing Board after consulting with public and private pipeline safety stakeholders. (B)

Composition of the board

The Governing Board shall be comprised of at least 9 members and shall represent a balanced cross-section of pipeline safety stakeholders with pipeline safety knowledge or experience as follows: (i)at least 3 individuals shall be selected from departments, agencies, instrumentalities of the Federal Government, Territories, State governments, or local governments, 1 of which shall be the Administrator. (ii)at least 3 individuals shall be selected from the gas, carbon dioxide, or hazardous liquid industries, such as operators, trade associations, inspection technology, coating, and cathodic protection vendors, and pipeline inspection organizations. (iii)at least 3 individuals shall be selected from public safety advocate organizations, such as pipeline safety and environmental advocacy groups, public safety-focused research institutions, or labor and worker safety representatives. (C)

Board terms

(i)

In general

Each member of the Governing Board shall be appointed for a term of 3 years, with the terms of 3 of the members expiring each year. (ii)

Term expiration

The term of at least 1 member of each of the 3 stakeholder groups established in subparagraph (B) shall expire each year. (iii)

Initial appointment

In the initial appointment of members, terms of 1, 2, and 3 years shall be established to allow the terms of 3 members to expire thereafter each year. (iv)

Reappointment

Each member may be reappointed for consecutive 3-year terms. (D)

Co-chairs

(i)

In general

The Governing Board shall be co-chaired by— (I)the Administrator; (II)a representative of the stakeholder group described in subparagraph (B)(ii), who shall be appointed with advice and consent of the Governing Board; and (III)a representative of the stakeholder group described in subparagraph (B)(iii), who shall be appointed with advice and consent of the Governing Board. (ii)

Responsibilities

The co-chairs of the Governing Board 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 of two-thirds plus 1 of the Governing Board members and shall have the authority to— (i)govern and provide strategic oversight to the VIS; (ii)develop governance documents, including a Governing Board charter that is made available to the public, and that describes the scope of the authority and objectives of the Board; (iii)select a Third-Party Data Manager described in paragraph (4) with expertise in data protection, aggregation, and analytics and geographic information systems; (iv)approve the criteria and procedures governing how the Third-Party Data Manager described in paragraph (4) will receive and accept pipeline safety data and information and who will have the authority to view VIS data; (v)establish and appoint members to Issue Analysis Teams described in paragraph (5) that consist of technical and subject matter experts; (vi)collaborate with Issue Analysis Teams described in paragraph (5) to identify the issues and topics to be analyzed; (vii)collaborate with Issue Analysis Teams described in paragraph (5) to specify the type of de-identified pipeline safety data and information that Issue Analysis Teams need in order to analyze the issues identified under clause (vi) and topics; (viii)determine the information to be disseminated; (ix)determine the reports to be disseminated; (x)at least once per year, issue a report to the public on VIS processes, membership of the Governing Board, issues or topics 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. (3)

Program manager

The Administrator shall provide the day-to-day program management and administrative support for the VIS, including oversight of the Third-Party Data Manager described in paragraph (4). (4)

Third-party data manager

(A)

In general

A Third-Party Data Manager shall provide data management and data oversight services for the VIS. (B)

Responsibilities

In fulfilling the responsibilities described in subparagraph (A), the Third-Party Data Manager shall— (i)accept pipeline safety data and information submitted to the VIS that meets the criteria and procedures established by the Governing Board under paragraph (2)(E)(iv); (ii)de-identify, securely store, and manage pipeline safety data and information that is accepted by the VIS; (iii)collaborate with Issue Analysis Teams described in paragraph (5) to aggregate and analyze de-identified pipeline safety data and information that is accepted by the VIS; (iv)prepare reports as requested by the Governing Board regarding the type of pipeline safety data and information that is managed by the VIS; and (v)make recommendations regarding the management of pipeline safety data and information, as appropriate. (5)

Issue analysis teams

Issue Analysis Teams of the VIS shall— (A)work with the Third-Party Data Manager described in paragraph (4) to aggregate and analyze de-identified pipeline safety data and information accepted by the VIS; (B)collaborate with the Governing Board to identify issues and topics for analysis and submit internal reports and recommendations to the Governing Board; and (C)prepare reports as requested by the Governing Board regarding issues and topics identified for additional research by the Governing Board. (6)

Participation

(A)

In general

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

Acceptance of information

The VIS shall implement policies to ensure that all operator data or information submitted has been authorized by the operator for submission. (C)

Sharing of information

The Governing Board shall encourage the voluntary sharing of pipeline safety data and information among operators of gas, carbon dioxide, and hazardous liquid gathering, transmission, and distribution pipelines and facilities, employees, labor unions, contractors, in-line inspection service providers, non-destructive evaluation experts, the Pipeline and Hazardous Materials Safety Administration, representatives of State pipeline safety agencies, local and Tribal governments, pipeline safety advocacy groups, manufacturers, research and academic institutions, and other pipeline stakeholders. (c)

Information sharing

(1)

Inclusions

Pipeline safety data and information accepted by the VIS 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, as long as such surveys are voluntarily agreed to by the pipeline operator; and (F)pipeline safety data and information which may lead to the identification of pipeline safety risks. (d)

Confidentiality

(1)

In general

(A)

Confidentiality

To facilitate the sharing of otherwise non-public pipeline safety data and information (hereinafter known as non-public information) in the VIS, non-public information accepted by the VIS and which may be analyzed, stored, or managed by the VIS shall be kept confidential by the VIS. (B)

Rule of construction

Subparagraph (A) shall not be construed to apply to public information that may be submitted to the VIS or to non-public information that is required to be submitted to any Federal, State, local, or Tribal agency under any other provision of law. (2)

Disclosure of de-identified, non-public information

(A)

In general

Notwithstanding subsections (e) and (f), the Governing Board may approve the disclosure of de-identified, non-public information by the VIS or by the Administrator of the Pipeline and Hazardous Materials Safety Administration based on analysis of the de-identified information and any safety findings or recommendations that the Governing Board in the sole discretion of the Board determines to publish or authorizes the Administrator to publish to improve pipeline safety. (B)

Public reports

In issuing public reports under subsection (b)(2)(E)(x), the Governing Board shall approve the disclosure of de-identified, non-public information by the VIS that the Governing Board determines is necessary to adequately describe and illustrate the issues and topics being investigated and analyzed by the VIS. (3)

Limitation

Except as provided in paragraph (2), no person, including any VIS Governing Board member, the Program Manager, the Third-Party Data Manager described in subsection (b)(4), an Issue Analysis Team member described in subsection (b)(5), or any Federal, State, local, or Tribal agency, having or obtaining access to non-public information by virtue of the acceptance of such information to the VIS, shall release or communicate VIS held non-public information, in either an identified or de-identified form, to any person that does not have the authority to view VIS data. (e)

Applicability of FOIA

Any non-public information that is accepted by the VIS and which may be analyzed, stored, or managed by the VIS and subsequently obtained by the Secretary or the Administrator by virtue of the acceptance of such information to the VIS shall be 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), non-public information accepted by the VIS and which may be analyzed, stored, or managed by 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 employees or contractors of such 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), non-public information accepted by the VIS and which may be analyzed, stored, or managed 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 non-public information accepted by the VIS that is— (A)evidence of a criminal violation; (B)not related to the established purpose of the VIS described in subsection (a)(2); (C)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 successor regulations), or required to be reported under the requirements of a State authority; or (D)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. (g)

Effect on State law

Nothing in this section shall be construed to affect Federal, State, or local pipeline safety law. (h)

No effect on discovery

(1)

Rule of construction

Nothing in this section or any rule, regulation, or amendment issued pursuant to this section 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). (i)

Expenses

(1)

In general

Members of the VIS Governing Board and Issue Analysis Teams may be paid expenses under section 5703 of title 5. (2)

Rule of construction

A payment under this subsection shall not be construed to make a member of the VIS Governing Board an officer or employee of the Federal Government. (3)

Federal employees

Paragraph (1) shall not apply to members of the VIS Governing Board that are employees of the Federal Government. (j)

Report on VIS

Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available, a report that includes— (1)a detailed accounting of the allocation and uses of expenditures authorized under this section; (2)an estimate of the annual cost to maintain the VIS program, including an assessment and projection of costs associated with the Third-Party Data Manager, data sourcing and storage, data governance, data architecture, data consumption, and the VIS operations and administration by the Pipeline and Hazardous Materials Safety Administration; (3)the methodology for determining the estimate under paragraph (2); (4)the number of expected participants in the VIS program; (5)the number of Pipeline and Hazardous Materials Safety Administration positions needed to maintain the VIS program; (6)the projected timeline for the implementation of the VIS program to meet the purposes under subsection (a)(2); and (7)recommendations to ensure sufficient funding for the ongoing activities of the VIS program, including a reasonable fee assessed on authorized participants in the VIS program. (k)

Authorization of appropriations

There are authorized to be appropriated for the establishment of a voluntary information-sharing program under this section— (1)$1,000,000 for fiscal year 2024; (2)$10,000,000 for fiscal year 2025; (3)$10,000,000 for fiscal year 2026; and (4)$10,000,000 for fiscal year 2027.

(b)

Clerical amendment

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

60144.Voluntary information-sharing system.