[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2979 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2979
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
information in a nonpunitive context in order to improve the safety of
pipeline facilities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 7, 2025
Mr. Moran (for himself and Ms. Duckworth) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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
information in a nonpunitive context in order to improve the safety of
pipeline facilities, 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 ``PHMSA Voluntary Information Sharing
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) 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--
(1) by redesignating paragraphs (17) through (26) as
paragraphs (18), (19), (20), (25), (26), (27), (22), (23),
(24), and (28), respectively, and moving the paragraphs so as
to appear in numerical order;
(2) by inserting after paragraph (16) the following:
``(17) Nonpublic information.--The term `nonpublic
information' means any pipeline safety data or information,
regardless of form or format, that--
``(A) a company does not disclose, disseminate, or
make available to the public; or
``(B) is not otherwise in the public domain.''; and
(3) by inserting after paragraph (20) (as so redesignated)
the following:
``(21) Public information.--The term `public information'
means any data or information, regardless of form or format,
that--
``(A) a company discloses, disseminates, or makes
available to the public; or
``(B) is otherwise in the public domain.''.
(c) 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.''.
(d) Conforming Amendments.--
(1) Section 70012(c) of title 46, United States Code, is
amended by striking ``section 60101(a)(18)'' and inserting
``section 60101(a)''.
(2) Section 60102(q)(1) of title 49, United States Code, is
amended, in the matter preceding subparagraph (A), by striking
``subsection (a)(21)'' and inserting ``subsection (a)(26)''.
(e) Technical Corrections.--Section 60101(a) of title 49, United
States Code (as amended by subsection (b)), is amended--
(1) in the matter preceding paragraph (1), by striking
``chapter--'' and inserting ``chapter:'';
(2) in each of paragraphs (1) through (16), (18), (19),
(20), (22) (23), (25), and (27), by striking the semicolon at
the end of the paragraph and inserting a period;
(3) in paragraph (1)--
(A) by striking the paragraph designation and all
that follows through ``(A) means'' in subparagraph (A)
and inserting the following:
``(1) Existing liquefied natural gas facility.--
``(A) In general.--The term `existing liquefied
natural gas facility' means'';
(B) in subparagraph (A)(ii), by striking ``; but''
and inserting a period; and
(C) in subparagraph (B)--
(i) by striking ``(B) does not'' and
inserting the following:
``(B) Exclusions.--The term `existing liquefied
natural gas facility' does not''; and
(ii) by inserting ``described in
subparagraph (A)'' after ``approval'';
(4) in paragraph (14)--
(A) by striking the paragraph designation and all
that follows through ``(A) means'' in subparagraph (A)
and inserting the following:
``(14) Liquefied natural gas pipeline facility.--
``(A) In general.--The term `liquefied natural gas
pipeline facility' means'';
(B) in subparagraph (A), by striking ``; but'' and
inserting a period; and
(C) in subparagraph (B), by striking ``(B) does
not'' and inserting the following:
``(B) Exclusions.--The term `liquefied natural gas
pipeline facility' does not'';
(5) in paragraph (24) (relating to the term ``Secretary''),
by striking ``; and'' and inserting a period;
(6) in paragraph (26)--
(A) by striking the paragraph designation and all
that follows through ``(A) means'' in subparagraph (A)
and inserting the following:
``(26) Transporting gas.--
``(A) In general.--The term `transporting gas'
means'';
(B) in subparagraph (A)(ii), by striking ``; but''
and inserting a period; and
(C) by striking subparagraph (B) and inserting the
following:
``(B) Exclusions.--The term `transporting gas' 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) the movement of gas by the owner or
operator of a plant for use as a fuel, a
feedstock, or for any other purpose that
directly supports plant operations through--
``(I) in-plant piping systems that
are located entirely on the grounds of
the plant; or
``(II) transfer piping systems that
extend less than 1 mile in length
outside the grounds of the plant.'';
(7) in paragraph (27)--
(A) by striking the paragraph designation and all
that follows through ``(A) means'' in subparagraph (A)
and inserting the following:
``(27) Transporting hazardous liquid.--
``(A) In general.--The term `transporting hazardous
liquid' means'';
(B) in subparagraph (A)(ii), by striking ``; but''
and inserting a period; and
(C) in subparagraph (B), by striking ``(B) does
not'' and inserting the following:
``(B) Exclusions.--The term `transporting hazardous
liquid' does not''; and
(8) in each of paragraphs (2) through (13), (15), (16),
(18), (19), (20), (22) through (25), and (28)--
(A) by inserting ``The term'' after the paragraph
designation; and
(B) by inserting a paragraph heading, the text of
which comprises the term defined in the paragraph.
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