,,ii #aaith ,,congress #ast ,session ,s4 #bigi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #g1 #bjbe,mr4 ,moran 7for himself and ,ms4 ,duckworth7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to require the ,secretary of ,transportation to establish a confidential1 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 facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,phmsa ,voluntary ,information ,sharing ,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 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration4 7#b7 ,governing ,board ,the term ,governing ,board means the governing board established under subsection 7d77#a74 7#c7 ,issue ,analysis ,team ,the term ,issue ,analysis ,team means an ,issue ,analysis ,team established under subsection 7g77#a74 7#d7 ,program ,manager ,the term ,program ,manager means the ,program ,manager described in subsection 7e74 7#e7 ,third-,party ,data ,manager ,the term ,third-,party ,data ,manager means the ,third-,party ,data ,manager appointed under subsection 7f77#a74 7#f7 ,,vis ,the term ,,vis means the voluntary information-sharing system established under subsection 7b77#a74 7b7 ,establishment 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 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 pipelines1 gas distribution pipelines1 liquefied natural gas facilities1 underground natural gas storage facilities1 and hazardous liquid pipelines4 7#b7 ,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 #aj of the ,,pipes ,act of #bjaf 7#di ,u4,s4,c4 #fjajh note2 ,public ,law #aad-ahc7 by the ,voluntary ,information ,sharing ,system ,working ,group convened under that section4 7#c7 ,purpose ,the purpose of the ,,vis shall be to serve as a comprehensive and integrated system-- 7,a7 to gather1 evaluate1 and quantify critical pipeline safety data and information2 and 7,b7 to share recommended remediation measures and lessons learned across the pipeline industry in an efficient and confidential manner4 7c7 ,governance ,the ,,vis shall be governed1 in accordance with this section1 by the ,governing ,board1 with support from-- 7#a7 the ,program ,manager2 7#b7 the ,third-,party ,data ,manager2 and 7#c7 #a or more ,issue ,analysis ,teams4 7d7 ,governing board 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,administrator1 after consulting with public and private pipeline safety stakeholders1 shall establish a governing board for the ,,vis4 7#b7 ,composition 7,a7 ,in general ,the ,governing ,board shall be composed of #ae members who shall represent a balanced cross-section of pipeline safety stakeholders1 in accordance with subparagraphs 7,b7 and 7,c74 7,b7 ,representation ,the ,governing ,board shall be composed of the following members3 7i7 #e individuals selected from relevant pipeline safety departments1 agencies1 or instrumentalities of the ,federal ,government or ,state or territorial governments1 #a of whom shall be the ,administrator 7or a designee of the ,administrator74 7ii7 #e individuals selected from the gas or hazardous liquid industries1 such as individuals representing or otherwise associated with-- 7,i7 operators2 7,,ii7 trade associations2 7,,iii7 inspection technology1 coating1 or cathodic protection vendors2 7,,iv7 standards development organizations2 7,v7 research and development consortia2 or 7,,vi7 pipeline inspection organizations4 7iii7 #e individuals selected from general public safety advocacy organizations with relevant pipeline safety expertise1 including-- 7,i7 pipeline safety and environmental public interest groups2 7,,ii7 public institutions of higher education with pipeline safety expertise2 and 7,,iii7 nonprofit employee labor organizations4 7,c7 ,requirements 7i7 ,pipeline industry ,at least #a member of the ,governing ,board appointed under subparagraph 7,b77ii7 shall be a representative of the pipeline industry4 7ii7 ,pipeline safety public interest groups ,at least #a member of the ,governing ,board appointed under subparagraph 7,b77iii7 shall be a representative of a pipeline safety public interest group4 7#c7 ,terms 7,a7 ,in general ,except as provided in subparagraph 7,b71 each member of the ,governing ,board shall be appointed for a term of #c years4 7,b7 ,initial members ,in appointing the initial members of the ,governing ,board1 the ,administrator shall appoint members to terms of #a1 #b1 or #c years to ensure that each year thereafter-- 7i7 the terms of #e members will expire2 and 7ii7 the term of not less than #a and not more than #b members described in each of clauses 7i7 through 7iii7 of paragraph 7#b77;,b7 will expire4 7,c7 ,reappointment ,a member or former member of the ,governing ,board appointed under clause 7i7 or 7ii7 of paragraph 7#b77;,b7 may be reappointed1 but may only serve for a total of #c terms4 7#d7 ,co-chairs 7,a7 ,in general ,the ,governing ,board shall be co-chaired by-- 7i7 the ,administrator 7or a designee of the ,administrator72 7ii7 a representative of the pipeline industry appointed under paragraph 7#b77;,b77ii71 who shall be appointed co-chair by the ,administrator1 with the advice and consent of the ,governing ,board2 and 7iii7 a representative of a pipeline safety public interest group1 who shall be appointed co-chair by the ,administrator1 with the advice and consent of the ,governing ,board4 7,b7 ,responsibilities of co-chairs ,the co-chairs shall be jointly responsible for organizing and conducting meetings of the ,governing ,board4 7#e7 ,authority ,the ,governing ,board shall have authority-- 7,a7 to govern and provide strategic oversight of the ,,vis2 7,b7 to develop governance documents1 including a charter for the ,governing ,board that shall-- 7i7 be made available to the public2 and 7ii7 describe-- 7,i7 the scope of the authority of the ,governing ,board2 and 7,,ii7 the objectives of the ,governing ,board2 7,c7 to select and appoint the ,third-,party ,data ,manager in accordance with subsection 7f72 7,d7 to approve the criteria and procedures governing how the ,third-,party ,data ,manager will receive and accept pipeline safety data and information2 7,e7 to establish1 and appoint members of1 ,issue ,analysis ,teams in accordance with subsection 7g72 7,f7 to collaborate with ,issue ,analysis ,teams to identify issues and topics to be analyzed by the ,issue ,analysis ,teams2 7,g7 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 7,f72 7,h7 to determine the information to be disseminated by the ,,vis2 7,i7 to determine the reports to be disseminated by the ,,vis2 7,j7 to issue1 not less frequently than annually1 publicly available reports on-- 7i7 ,,vis processes2 7ii7 the membership of the ,governing ,board2 7iii7 issues and topics being investigated and analyzed by ,issue ,analysis ,teams or the ,governing ,board2 7iv7 pipeline safety data and information that the ,,vis has requested for submission to the ,,vis2 and 7v7 safety trends identified by the ,administrator1 ,issue ,analysis ,teams1 or the ,governing ,board2 and 7,k7 to perform such other functions that the ,governing ,board determines are-- 7i7 necessary or appropriate2 and 7ii7 consistent with the purpose of the ,,vis described in subsection 7b77#c74 7#f7 ,decisionmaking 7,a7 ,in general ,decisions and approvals of the ,governing ,board shall be made by a super-majority of the members1 as described in subparagraph 7,b74 7,b7 ,supermajority described ,a supermajority referred to in subparagraph 7,a7 shall consist of not fewer than-- 7i7 #bc of the total members of the ,governing ,board2 and 7ii7 #a additional member of the ,governing ,board4 7e7 ,program manager 7#a7 ,in general ,the ,administrator 7or a designee of the ,administrator7 shall serve as the ,program ,manager for the ,,vis4 7#b7 ,responsibilities ,the ,program ,manager shall provide the day-to-day program management and administrative support for the ,,vis1 including oversight of the ,third-,party ,data ,manager4 7f7 ,third-,party ,data ,manager 7#a7 ,in general ,the ,governing ,board shall appoint a ,third-,party ,data ,manager to provide data management and data oversight services for the ,,vis4 7#b7 ,qualifications ,the ,third-,party ,data ,manager shall have expertise in data protection1 aggregation1 and analytics4 7#c7 ,responsibilities ,in carrying out the services described in paragraph 7#a71 the ,third-,party ,data ,manager shall-- 7,a7 receive and secure pipeline safety data and information submitted to the ,,vis2 7,b7 accept pipeline safety data and information submitted to the ,,vis that meets the criteria and procedures approved by the ,governing ,board under subsection 7d77#e77;,d72 7,c7 de-identify1 store1 and manage pipeline safety data and information that is accepted by the ,,vis2 7,d7 collaborate with ,issue ,analysis ,teams to analyze and aggregate pipeline safety data and information that is accepted by the ,,vis2 7,e7 prepare reports as requested by the ,governing ,board regarding the type of pipeline safety data and information that is managed by the ,,vis2 and 7,f7 make recommendations to the ,governing ,board regarding the management of pipeline safety data and information by the ,,vis1 as appropriate4 7g7 ,issue ,analysis ,teams 7#a7 ,in general ,the ,governing ,board shall establish1 and appoint the members of1 #a or more ,issue ,analysis ,teams as the ,governing ,board determines to be appropriate and relevant to the pipeline safety work of the ,,vis4 7#b7 ,qualifications ,an ,issue ,analysis ,team established under paragraph 7#a7 shall-- 7,a7 subject to subparagraph 7,b71 consist of pipeline safety technical and subject matter experts2 and 7,b7 may include1 as appropriate1 representatives from public safety advocacy organizations described in subsection 7d77#b77;,b77iii74 7#c7 ,responsibilities ,an ,issue ,analysis ,team shall-- 7,a7 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 ,team2 and 7,b7 submit internal reports and recommendations to the ,governing ,board on those issues and topics4 7h7 ,application of ,,faca ,chapter #aj of title #e 7commonly referred to as the ,federal ,advisory ,committee ,act7 shall not apply to-- 7#a7 the ,,vis2 7#b7 the ,governing ,board2 or 7#c7 any ,issue ,analysis ,team4 7i7 ,participation in the ,,vis 7#a7 ,in general ,the submission of data and information to the ,,vis by any person shall be voluntary1 with no person compelled to participate in1 or to submit data or information to any person for inclusion in1 the ,,vis4 7#b7 ,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 ,,vis4 7#c7 ,encouraging information sharing ,the ,governing ,board shall encourage the voluntary sharing of pipeline safety data and information among-- 7,a7 operators of gas transmission1 gas distribution1 and hazardous liquid pipelines2 7,b7 employees of those operators2 7,c7 labor unions representing those employees2 7,d7 contractors of the operators described in subparagraph 7,a72 7,e7 in-line inspection service providers2 7,f7 non-destructive evaluation experts2 7,g7 the ,pipeline and ,hazardous ,materials ,safety ,administration2 and 7,h7 representatives of-- 7i7 ,state pipeline safety agencies2 7ii7 relevant ,tribal agencies2 7iii7 pipeline safety public interest groups2 7iv7 manufacturers of gas transmission1 gas distribution1 and hazardous liquid pipeline infrastructure and equipment2 and 7v7 relevant research and academic institutions4 7#d7 ,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 7f77#c77;,b7 shall be related to the issues and topics identified by the ,governing ,board for analysis by an ,issue ,analysis ,team under subsection 7d77#e77;,f74 7#e7 ,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 7f77#c77;,b7 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 subject to the condition that such surveys are voluntarily agreed to by the pipeline operator2 7,f7 pipeline safety data and information which may lead to the identification of pipeline safety risks1 as specified by the ,governing ,board2 and 7,g7 any other relevant data or information1 as determined by the ,governing ,board4 7j7 ,confidentiality 7#a7 ,in general ,to facilitate the sharing of otherwise nonpublic pipeline safety data and information with the ,,vis1 the data and information accepted1 stored1 managed1 analyzed1 or produced by the ,,vis-- 7,a7 shall be kept confidential by the ,,vis2 and 7,b7 except as otherwise provided in this section1 is not subject to disclosure by the ,,vis under any other law4 7#b7 ,prohibition ,except as provided in paragraph 7#c71 no person1 including the ,program ,manager1 the ,third-,party ,data ,manager1 any member of the ,governing ,board1 and any member of an ,issue ,analysis ,team1 and no ,federal1 ,state1 local1 or ,tribal agency having or obtaining access to nonpublic information accepted1 analyzed1 stored1 managed1 or produced by the ,,vis may release or communicate that nonpublic information from the ,,vis1 either in an identified or de-identified form1 to any person who does not have the authority to view ,,vis data4 7#c7 ,exception 7,a7 ,in general ,notwithstanding paragraphs 7#a7 and 7#b7 and subsections 7k7 and 7l71 on approval by the ,governing ,board under subparagraph 7,b71 the ,governing ,board or the ,administrator may disclose de-identified nonpublic information obtained by the ,,vis4 7,b7 ,approval ,approval to disclose de-identified nonpublic information under subparagraph 7,a7-- 7i7 shall be based on an analysis of the de-identified nonpublic information2 and 7ii7 may1 in the sole discretion of the ,governing ,board1 consist of any safety findings or recommendations that the ,governing ,board determines to publish or authorizes the ,administrator to publish to improve pipeline safety4 7,c7 ,public reports ,in issuing public reports under subsection 7d77#e77;,j71 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 ,board4 7#d7 ,savings provision ,this subsection does not apply to public information that may be submitted to the ,,vis4 7k7 ,applicability of ,,foia 7#a7 ,exemption ,any nonpublic information that is accepted1 stored1 managed1 analyzed1 or produced by the ,,vis and subsequently obtained by the ,secretary or the ,administrator from the ,,vis is exempt from the requirements of section #eeb of title #e4 7#b7 ,applicability ,for purposes of paragraph 7#a71 this section shall be considered to be a statute described in section #eeb7;b77#c77;,b7 of title #e4 7l7 ,exclusion of ,,vis information in litigation and other proceedings 7#a7 ,excluded evidence ,except as provided in paragraph 7#c71 any nonpublic information that is accepted1 stored1 managed1 analyzed1 or produced by the ,,vis may 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 the employees or contractors of a pipeline 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 any nonpublic information that is accepted1 stored1 managed1 analyzed1 or produced 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 data or information that-- 7,a7 is evidence of a criminal violation2 7,b7 is not related to the purpose of the ,,vis described in subsection 7b77#c72 7,c7 is otherwise required to be reported to the ,secretary under part #aij1 #aia 7including information about an incident or accident71 #aib1 #aid1 #aie1 or #aii of title #di1 ,code of ,federal ,regulations 7or successor regulations72 7,d7 is required to be reported to a ,state authority under ,state pipeline safety laws2 or 7,e7 is 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 7m7 ,effect on discovery ,except as provided in subsection 7l77#b71 nothing in this section or any rule or regulation promulgated under this section-- 7#a7 creates a defense to a discovery request2 or 7#b7 otherwise limits or affects the discovery of pipeline safety data and information arising from a cause of action authorized under any other ,federal1 ,state1 or local law4 7n7 ,savings provision ,nothing in this section affects any ,federal1 ,state1 or local pipeline safety law4 7o7 ,annual reports ,each fiscal year1 the ,secretary shall submit to ,congress1 by the end of that fiscal year1 a report on the status of the ,,vis4 7p7 ,funding 7#a7 ,sustainable funding ,the ,secretary shall-- 7,a7 explore sustainable funding sources for the ,,vis1 including public-private partnerships2 and 7,b7 to the maximum extent practicable1 sustainably fund the ,,vis through the use of those sustainable funding sources4 7#b7 ,limited additional funding ,in addition to the fees collected under section #fjcja1 the ,secretary may collect an additional #e1jjj1jjj under that section for each of fiscal years #bjbd through #bjbg to establish1 implement1 and manage the ,,vis4 4 7b7 ,definitions ,section #fjaja7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#ag7 through 7#bf7 as paragraphs 7#ah71 7#ai71 7#bj71 7#be71 7#bf71 7#bg71 7#bb71 7#bc71 7#bd71 and 7#bh71 respectively1 and moving the paragraphs so as to appear in numerical order2 7#b7 by inserting after paragraph 7#af7 the following3 7#ag7 ,nonpublic information ,the term nonpublic information means any pipeline safety data or information1 regardless of form or format1 that-- 7,a7 a company does not disclose1 disseminate1 or make available to the public2 or 7,b7 is not otherwise in the public domain4 2 and 7#c7 by inserting after paragraph 7#bj7 7as so redesignated7 the following3 7#ba7 ,public information ,the term public information means any data or information1 regardless of form or format1 that-- 7,a7 a company discloses1 disseminates1 or makes available to the public2 or 7,b7 is otherwise in the public domain4 4 7c7 ,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 7d7 ,conforming amendments 7#a7 ,section #gjjab7;c7 of title #df1 ,united ,states ,code1 is amended by striking section #fjaja7;a77#ah7 and inserting section #fjaja7;a74 7#b7 ,section #fjajb7q77#a7 of title #di1 ,united ,states ,code1 is amended1 in the matter preceding subparagraph 7,a71 by striking subsection 7a77#ba7 and inserting subsection 7a77#bf74 7e7 ,technical corrections ,section #fjaja7;a7 of title #di1 ,united ,states ,code 7as amended by subsection 7b771 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking chapter-- and inserting chapter32 7#b7 in each of paragraphs 7#a7 through 7#af71 7#ah71 7#ai71 7#bj71 7#bb7 7#bc71 7#be71 and 7#bg71 by striking the semicolon at the end of the paragraph and inserting a period2 7#c7 in paragraph 7#a7-- 7,a7 by striking the paragraph designation and all that follows through 7,a7 means in subparagraph 7,a7 and inserting the following3 7#a7 ,existing liquefied natural gas facility 7,a7 ,in general ,the term existing liquefied natural gas facility means 2 7,b7 in subparagraph 7,a77ii71 by striking 2 but and inserting a period2 and 7,c7 in subparagraph 7,b7-- 7i7 by striking 7,b7 does not and inserting the following3 7,b7 ,exclusions ,the term existing liquefied natural gas facility does not 2 and 7ii7 by inserting described in subparagraph 7,a7 after approval2 7#d7 in paragraph 7#ad7-- 7,a7 by striking the paragraph designation and all that follows through 7,a7 means in subparagraph 7,a7 and inserting the following3 7#ad7 ,liquefied natural gas pipeline facility 7,a7 ,in general ,the term liquefied natural gas pipeline facility means 2 7,b7 in subparagraph 7,a71 by striking 2 but and inserting a period2 and 7,c7 in subparagraph 7,b71 by striking 7,b7 does not and inserting the following3 7,b7 ,exclusions ,the term liquefied natural gas pipeline facility does not 2 7#e7 in paragraph 7#bd7 7relating to the term ,secretary71 by striking 2 and and inserting a period2 7#f7 in paragraph 7#bf7-- 7,a7 by striking the paragraph designation and all that follows through 7,a7 means in subparagraph 7,a7 and inserting the following3 7#bf7 ,transporting gas 7,a7 ,in general ,the term transporting gas means 2 7,b7 in subparagraph 7,a77ii71 by striking 2 but and inserting a period2 and 7,c7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,exclusions ,the term transporting gas does not include-- 7i7 gathering gas 7except through regulated gathering lines7 in a rural area outside a populated area designated by the ,secretary as a nonrural area2 or 7ii7 the movement of gas by the owner or operator of a plant for use as a fuel1 a feedstock1 or for any other purpose that directly supports plant operations through-- 7,i7 in-plant piping systems that are located entirely on the grounds of the plant2 or 7,,ii7 transfer piping systems that extend less than #a mile in length outside the grounds of the plant4 2 7#g7 in paragraph 7#bg7-- 7,a7 by striking the paragraph designation and all that follows through 7,a7 means in subparagraph 7,a7 and inserting the following3 7#bg7 ,transporting hazardous liquid 7,a7 ,in general ,the term transporting hazardous liquid means 2 7,b7 in subparagraph 7,a77ii71 by striking 2 but and inserting a period2 and 7,c7 in subparagraph 7,b71 by striking 7,b7 does not and inserting the following3 7,b7 ,exclusions ,the term transporting hazardous liquid does not 2 and 7#h7 in each of paragraphs 7#b7 through 7#ac71 7#ae71 7#af71 7#ah71 7#ai71 7#bj71 7#bb7 through 7#be71 and 7#bh7-- 7,a7 by inserting ,the term after the paragraph designation2 and 7,b7 by inserting a paragraph heading1 the text of which comprises the term defined in the paragraph4