,i #aahth ,,congress #ast ,session ,h4 ,r4 #feji ,,in ,,the ,,house ,,of ,,representatives ,november #bi1 #bjbc,mr4 ,molinaro 7for himself and ,mr4 ,cohen7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to require the ,secretary of ,transportation to establish a confidential voluntary information-sharing system to encourage the sharing of pipeline safety data1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,voluntary ,information-,sharing ,system ,act4 #b4 ,pipeline safety voluntary information-sharing system 7a7 ,in general ,chapter #fja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #fjadd4 ,voluntary information-sharing system 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a confidential voluntary information-sharing system 7referred to in this section as ,,vis7 to encourage the sharing of pipeline safety data and information in a non-punitive context in order to improve the safety of gas1 carbon dioxide1 and hazardous liquid gathering1 transmission1 and distribution pipelines and facilities1 including storage facilities4 7#b7 ,purpose ,the purpose of the ,,vis is to establish a comprehensive1 systematic1 and integrated structure to gather1 evaluate1 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 safety1 including damage prevention efforts1 while protecting participant confidentiality4 7#c7 ,implementation and management ,in establishing the ,,vis under this section1 the ,secretary shall implement and manage such ,,vis based on the ,pipeline ,safety ,voluntary ,information-,sharing ,system ,recommendation ,report prepared pursuant to section #aj of the ,protecting ,our ,infrastructure of ,pipelines and ,enhancing ,safety ,act of #bjaf 7#di ,u4,s4,c4 #fjajh note74 7#d7 ,inapplicability of ,,faca ,the ,,vis shall not be considered a ,federal advisory committee and shall not be subject to the requirements of chapter #aj of title #e4 7b7 ,governance 7#a7 ,in general ,a ,governing ,board1 a ,program ,manager1 a ,third-,party ,information ,manager1 and ,issue ,analysis ,teams shall govern the ,,vis4 7#b7 ,governing board 7,a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration shall appoint a ,governing ,board after consulting with public and private pipeline safety stakeholders4 7,b7 ,composition of the board ,the ,governing ,board shall be comprised of at least #i members and shall represent a balanced cross-section of pipeline safety stakeholders with pipeline safety knowledge or experience as follows3 7i7 at least #c individuals shall be selected from departments1 agencies1 instrumentalities of the ,federal ,government1 ,territories1 ,state governments1 or local governments1 #a of which shall be the ,administrator4 7ii7 at least #c individuals shall be selected from the gas1 carbon dioxide1 or hazardous liquid industries1 such as operators1 trade associations1 inspection technology1 coating1 and cathodic protection vendors1 and pipeline inspection organizations4 7iii7 at least #c individuals shall be selected from public safety advocate organizations1 such as pipeline safety and environmental advocacy groups1 public safety-focused research institutions1 or labor and worker safety representatives4 7,c7 ,board terms 7i7 ,in general ,each member of the ,governing ,board shall be appointed for a term of #c years1 with the terms of #c of the members expiring each year4 7ii7 ,term expiration ,the term of at least #a member of each of the #c stakeholder groups established in subparagraph 7,b7 shall expire each year4 7iii7 ,initial appointment ,in the initial appointment of members1 terms of #a1 #b1 and #c years shall be established to allow the terms of #c members to expire thereafter each year4 7iv7 ,reappointment ,each member may be reappointed for consecutive #c-year terms4 7,d7 ,co-chairs 7i7 ,in general ,the ,governing ,board shall be co-chaired by-- 7,i7 the ,administrator2 7,,ii7 a representative of the stakeholder group described in subparagraph 7,b77ii71 who shall be appointed with advice and consent of the ,governing ,board2 and 7,,iii7 a representative of the stakeholder group described in subparagraph 7,b77iii71 who shall be appointed with advice and consent of the ,governing ,board4 7ii7 ,responsibilities ,the co-chairs of the ,governing ,board shall be jointly responsible for organizing and conducting meetings of the ,governing ,board4 7,e7 ,authority ,the ,governing ,board shall make decisions by a super-majority of two-thirds plus #a of the ,governing ,board members and shall have the authority to-- 7i7 govern and provide strategic oversight to the ,,vis2 7ii7 develop governance documents1 including a ,governing ,board charter that is made available to the public1 and that describes the scope of the authority and objectives of the ,board2 7iii7 select a ,third-,party ,data ,manager described in paragraph 7#d7 with expertise in data protection1 aggregation1 and analytics and geographic information systems2 7iv7 approve the criteria and procedures governing how the ,third-,party ,data ,manager described in paragraph 7#d7 will receive and accept pipeline safety data and information and who will have the authority to view ,,vis data2 7v7 establish and appoint members to ,issue ,analysis ,teams described in paragraph 7#e7 that consist of technical and subject matter experts2 7vi7 collaborate with ,issue ,analysis ,teams described in paragraph 7#e7 to identify the issues and topics to be analyzed2 7vii7 collaborate with ,issue ,analysis ,teams described in paragraph 7#e7 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 7vi7 and topics2 7viii7 determine the information to be disseminated2 7ix7 determine the reports to be disseminated2 7x7 at least once per year1 issue a report to the public on ,,vis processes1 membership of the ,governing ,board1 issues or topics being investigated and analyzed1 pipeline safety data and information that the ,,vis has requested for submission to the ,,vis1 and safety trends identified2 and 7xi7 perform other functions as the ,governing ,board decides are necessary or appropriate consistent with the purpose of the ,,vis4 7#c7 ,program manager ,the ,administrator shall provide the day-to-day program management and administrative support for the ,,vis1 including oversight of the ,third-,party ,data ,manager described in paragraph 7#d74 7#d7 ,third-party data manager 7,a7 ,in general ,a ,third-,party ,data ,manager shall provide data management and data oversight services for the ,,vis4 7,b7 ,responsibilities ,in fulfilling the responsibilities described in subparagraph 7,a71 the ,third-,party ,data ,manager shall-- 7i7 accept pipeline safety data and information submitted to the ,,vis that meets the criteria and procedures established by the ,governing ,board under paragraph 7#b77;,e77iv72 7ii7 de-identify1 securely store1 and manage pipeline safety data and information that is accepted by the ,,vis2 7iii7 collaborate with ,issue ,analysis ,teams described in paragraph 7#e7 to aggregate and analyze de-identified pipeline safety data and information that is accepted by the ,,vis2 7iv7 prepare reports as requested by the ,governing ,board regarding the type of pipeline safety data and information that is managed by the ,,vis2 and 7v7 make recommendations regarding the management of pipeline safety data and information1 as appropriate4 7#e7 ,issue analysis teams ,issue ,analysis ,teams of the ,,vis shall-- 7,a7 work with the ,third-,party ,data ,manager described in paragraph 7#d7 to aggregate and analyze de-identified pipeline safety data and information accepted by the ,,vis2 7,b7 collaborate with the ,governing ,board to identify issues and topics for analysis and submit internal reports and recommendations to the ,governing ,board2 and 7,c7 prepare reports as requested by the ,governing ,board regarding issues and topics identified for additional research by the ,governing ,board4 7#f7 ,participation 7,a7 ,in general ,the submission of pipeline safety data and information to the ,,vis by any person shall be voluntary1 with no person compelled to participate in or submit data or information for inclusion in the ,,vis4 7,b7 ,acceptance of information ,the ,,vis shall implement policies to ensure that all operator data or information submitted has been authorized by the operator for submission4 7,c7 ,sharing of information ,the ,governing ,board shall encourage the voluntary sharing of pipeline safety data and information among operators of gas1 carbon dioxide1 and hazardous liquid gathering1 transmission1 and distribution pipelines and facilities1 employees1 labor unions1 contractors1 in-line inspection service providers1 non-destructive evaluation experts1 the ,pipeline and ,hazardous ,materials ,safety ,administration1 representatives of ,state pipeline safety agencies1 local and ,tribal governments1 pipeline safety advocacy groups1 manufacturers1 research and academic institutions1 and other pipeline stakeholders4 7c7 ,information sharing 7#a7 ,inclusions ,pipeline safety data and information accepted by the ,,vis may include-- 7,a7 pipeline integrity risk analysis information2 7,b7 lessons learned from accidents and near misses2 7,c7 process improvements2 7,d7 technology deployment practices2 7,e7 information obtained through ,,vis pipeline safety surveys of pipeline operator employees1 as long as such surveys are voluntarily agreed to by the pipeline operator2 and 7,f7 pipeline safety data and information which may lead to the identification of pipeline safety risks4 7d7 ,confidentiality 7#a7 ,in general 7,a7 ,confidentiality ,to facilitate the sharing of otherwise non-public pipeline safety data and information 7hereinafter known as non-public information7 in the ,,vis1 non-public information accepted by the ,,vis and which may be analyzed1 stored1 or managed by the ,,vis shall be kept confidential by the ,,vis4 7,b7 ,rule of construction ,subparagraph 7,a7 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 ,federal1 ,state1 local1 or ,tribal agency under any other provision of law4 7#b7 ,disclosure of de-identified1 non-public information 7,a7 ,in general ,notwithstanding subsections 7e7 and 7f71 the ,governing ,board may approve the disclosure of de-identified1 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 safety4 7,b7 ,public reports ,in issuing public reports under subsection 7b77#b77;,e77x71 the ,governing ,board shall approve the disclosure of de-identified1 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 ,,vis4 7#c7 ,limitation ,except as provided in paragraph 7#b71 no person1 including any ,,vis ,governing ,board member1 the ,program ,manager1 the ,third-,party ,data ,manager described in subsection 7b77#d71 an ,issue ,analysis ,team member described in subsection 7b77#e71 or any ,federal1 ,state1 local1 or ,tribal agency1 having or obtaining access to non-public information by virtue of the acceptance of such information to the ,,vis1 shall release or communicate ,,vis held non-public information1 in either an identified or de-identified form1 to any person that does not have the authority to view ,,vis data4 7e7 ,applicability of ,,foia ,any non-public information that is accepted by the ,,vis and which may be analyzed1 stored1 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 #eeb of title #e and specifically exempt from release under subsection 7b77#c7 of such section4 7f7 ,exclusions 7#a7 ,excluded evidence ,except as provided in paragraph 7#c71 non-public information accepted by the ,,vis and which may be analyzed1 stored1 or managed by the ,,vis shall not be obtained from the ,,vis-- 7,a7 for use as evidence for any purpose in any ,federal1 ,state1 local1 ,tribal1 or private litigation1 including any action or proceeding2 or 7,b7 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 7including any regulation promulgated or order issued under this chapter74 7#b7 ,exclusion from discovery ,except as provided in paragraph 7#c71 non-public information accepted by the ,,vis and which may be analyzed1 stored1 or managed by the ,,vis shall not be subject to discovery from the ,,vis in any ,federal1 ,state1 local1 ,tribal1 or private litigation or other proceeding4 7#c7 ,limitations on exclusions ,the exclusions described in paragraphs 7#a7 and 7#b7 shall not apply to non-public information accepted by the ,,vis that is-- 7,a7 evidence of a criminal violation2 7,b7 not related to the established purpose of the ,,vis described in subsection 7a77#b72 7,c7 otherwise required to be reported to the ,secretary under part #aia 7including information about an incident or accident71 part #aib1 part #aid1 part #aie1 or part #aii of title #di1 ,code of ,federal ,regulations 7or successor regulations71 or required to be reported under the requirements of a ,state authority2 or 7,d7 developed or obtained from a source other than the ,,vis1 including through discovery from a person or an entity other than the ,,vis in an enforcement action or private litigation4 7g7 ,effect on ,state law ,nothing in this section shall be construed to affect ,federal1 ,state1 or local pipeline safety law4 7h7 ,no effect on discovery 7#a7 ,rule of construction ,nothing in this section or any rule1 regulation1 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 ,federal1 ,state1 or local law4 7#b7 ,exception ,paragraph 7#a7 shall not apply to exclusions from discovery from the ,,vis as described in subsection 7f77#b74 7i7 ,expenses 7#a7 ,in general ,members of the ,,vis ,governing ,board and ,issue ,analysis ,teams may be paid expenses under section #egjc of title #e4 7#b7 ,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 ,government4 7#c7 ,federal employees ,paragraph 7#a7 shall not apply to members of the ,,vis ,governing ,board that are employees of the ,federal ,government4 7j7 ,report on ,,vis ,not later than #b years after the date of enactment of this section1 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 ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available1 a report that includes-- 7#a7 a detailed accounting of the allocation and uses of expenditures authorized under this section2 7#b7 an estimate of the annual cost to maintain the ,,vis program1 including an assessment and projection of costs associated with the ,third-,party ,data ,manager1 data sourcing and storage1 data governance1 data architecture1 data consumption1 and the ,,vis operations and administration by the ,pipeline and ,hazardous ,materials ,safety ,administration2 7#c7 the methodology for determining the estimate under paragraph 7#b72 7#d7 the number of expected participants in the ,,vis program2 7#e7 the number of ,pipeline and ,hazardous ,materials ,safety ,administration positions needed to maintain the ,,vis program2 7#f7 the projected timeline for the implementation of the ,,vis program to meet the purposes under subsection 7a77#b72 and 7#g7 recommendations to ensure sufficient funding for the ongoing activities of the ,,vis program1 including a reasonable fee assessed on authorized participants in the ,,vis program4 7k7 ,authorization of appropriations ,there are authorized to be appropriated for the establishment of a voluntary information-sharing program under this section-- 7#a7 #a1jjj1jjj for fiscal year #bjbd2 7#b7 #aj1jjj1jjj for fiscal year #bjbe2 7#c7 #aj1jjj1jjj for fiscal year #bjbf2 and 7#d7 #aj1jjj1jjj for fiscal year #bjbg4 4 7b7 ,clerical amendment ,the analysis for chapter #fja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #fjadd4,voluntary information-sharing system4 4