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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>
```