PHMSA Voluntary Information Sharing Act
This bill, titled the PHMSA Voluntary Information Sharing Act, would require the Secretary of Transportation to create a confidential, nonpunitive voluntary information-sharing system (VIS) for pipeline safety data. The VIS aims to improve safety by collecting and analyzing pipeline data and sharing remediation lessons across the industry, while keeping submitted information confidential and de-identified when appropriate. It covers gas transmission and distribution pipelines, LNG facilities, underground natural gas storage, and hazardous liquid pipelines. The system would be governed by a 15-member Governing Board, with a program manager (the PHMSA Administrator), a Third-Party Data Manager to handle data protection and analytics, and Issue Analysis Teams to study specific safety topics. Data shared is voluntary, with strong confidentiality protections and limited exceptions for enforcement or required reporting. The bill also provides for funding and annual reporting to Congress. In short, the bill seeks to institutionalize a confidential data-sharing ecosystem that helps identify safety issues and disseminate best practices, while protecting the identity of data providers and limiting use of the data for enforcement or discovery.
Key Points
- 1VIS purpose and scope
- 2- Establishes a confidential, nonpunitive voluntary information-sharing system (VIS) to gather and share pipeline safety data and lessons learned, intended to improve safety across gas transmission, gas distribution, LNG facilities, underground LNG storage, and hazardous liquid pipelines.
- 3- Uses a governance structure and processes aligned with a 2016 Pipeline Safety Information-Sharing framework.
- 4Governance and management
- 5- Governing Board: 15 members representing Federal/State pipeline safety, industry, and public safety advocacy groups; includes at least 1 pipeline industry representative and at least 1 public-interest representative.
- 6- Co-chairs: Administrator, a pipeline-industry representative, and a public-interest representative.
- 7- Program Manager: PHMSA Administrator (or designee) responsible for day-to-day management.
- 8- Third-Party Data Manager: A separate entity appointed by the Board to handle data protection, de-identification, storage, analysis, and reporting.
- 9Issue Analysis Teams
- 10- The Board can establish one or more Issue Analysis Teams of pipeline safety experts (with potential public-interest representation) to analyze data on specific topics and report back to the Board.
- 11Data handling and confidentiality
- 12- Data submitted to the VIS is voluntary and kept confidential; nonpublic information is protected from disclosure under the VIS framework.
- 13- De-identified information may be disclosed with Governing Board approval to improve safety.
- 14- Public reports may include de-identified information to illustrate issues and findings.
- 15Information categories and use
- 16- Data may include pipeline integrity risk analyses, accident/near-miss lessons, process and technology deployment practices, and survey data, among other relevant information identified by the Board.
- 17- Data accepted for the VIS must relate to issues/topics identified by the Board for analysis.
- 18Legal and enforcement protections
- 19- Nonpublic VIS information is exempt from FOIA and generally not admissible in litigation or discovery, with narrow exceptions (e.g., criminal evidence, data required to be reported under other laws, or information obtained outside the VIS).
- 20Funding and implementation
- 21- Requires sustainable funding, including exploring public-private partnerships.
- 22- May provide up to an additional $5 million per year (for fiscal years 2024–2027) beyond existing funding authorities to establish and manage the VIS.
- 23- VIS implementation target: within 1 year after enactment.
- 24Transparency and oversight
- 25- The Board must issue annual public reports on VIS processes, membership, topics under analysis, data requested, and safety trends.
- 26- The VIS and related boards/teams would not be subject to FACA (Federal Advisory Committee Act) requirements.