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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6509 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6509
To amend title 49, United States Code, to require the Secretary of
Transportation to establish a confidential voluntary information-
sharing system to encourage the sharing of pipeline safety data, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 29, 2023
Mr. Molinaro (for himself and Mr. Cohen) 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 require the Secretary of
Transportation to establish a confidential voluntary information-
sharing system to encourage the sharing of pipeline safety data, 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 ``Voluntary Information-Sharing System
Act''.
SEC. 2. 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.--
``(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.''.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Energy, Climate and Grid Security.
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