Sec. 12. Pipeline safety voluntary information-sharing system
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Chapter 601 of title 49, United States Code, is further amended by adding at the end the following: Subject to the availability of funds, the Secretary may establish a confidential and nonpunitive voluntary information-sharing system (referred to in this section as the System ) to encourage collaborative efforts to improve inspection information feedback and information sharing, with the purpose of improving natural gas transmission and hazardous liquid pipeline safety. The System— shall include pipeline integrity risk analysis information; and may include other information relating to reducing pipeline incidents, such as— lessons learned from accidents and near misses; process improvements; technology deployments; and other voluntary information-sharing systems.
The System shall protect proprietary information while encouraging the exchange of data, including in-line inspection and dig verification data, among operators, tool vendors, and the representatives of the Secretary to facilitate the development of— advanced pipeline-inspection technologies; and enhanced risk analysis. If appropriate, the Secretary may involve other public and private stakeholders in establishing and maintaining the System. In carrying out this section, the Secretary may engage a partner agency or nongovernmental entity to receive, store, manage, and provide for the use of— system data; and information submitted to the System.
Any part of any record (including, but not limited to an analysis by a pipeline operator of the safety risks of the pipeline operator and a statement of the mitigation measures identified by the pipeline operator to address those risks) provided to the Secretary and retained in the System is exempt from the requirements of section 552 of title 5, and specifically exempt from release under subsection (b)(3) of that section, if the record is— supplied to the Secretary for purposes of the System; or made available for inspection and copying by an officer, employee, or agent of the Secretary for purposes of the System.
Notwithstanding paragraph (1), the Secretary in consultation with the information owner, may disclose deidentified material or any part of any record comprised of facts otherwise available to the public if, in the sole discretion of the Secretary, the Secretary determines that disclosure would be consistent with the confidentiality needed for the System and improve pipeline safety. Except as provided in subsection (f), any data or information submitted to or stored, managed, analyzed, or produced by the System shall not be used— as evidence for any purpose in any Federal, State, local, Tribal, or private litigation, including any action or proceeding; or to support any corrective action relating to a probable violation under this chapter (including any regulation promulgated or order issued under this chapter).
Except as provided in subsection (f), any data or information submitted to or stored, managed, analyzed, or produced by the System shall not be subject to discovery in any Federal, State, local, Tribal, or private litigation or other proceeding. The exclusions described in subsections
(d)and
(e)shall not apply to— evidence of a knowing and willful violation; a reportable release under sections 191.7 or 195.50 of title 49, Code of Federal Regulations (or a successor regulation); a safety-related condition under sections 191.7 or 195.55 of title 49, Code of Federal Regulations (or a successor regulation); or data or information obtained by the Secretary independently of the System. Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a governing board co-chaired by the Administrator and a representative of the pipeline industry to— govern the System through consensus of the board and co-chairs; develop governance documents and oversee their enforcement; and establish and appoint members of issue analysis teams; No person, including any System governing board member, program manager, third-party data manager, issue analysis team member, nor any Federal, State, local or tribal agency, having or obtaining access to any data or information submitted to, stored, managed, analyzed or produced by the System, shall release or communicate that information to any person outside the System, with the sole exception being the publication of reports by the System based on analysis of de-identified information and safety related findings that the System governing board in its sole discretion determines to publish or authorize the Administration to publish. No person may be compelled to participate in or submit data or information to the System. The Secretary shall explore sustainable funding sources for the System, including public-private partnerships. Nothing in this section affects any Federal or State pipeline safety law. The Secretary may expend not more than $1,000,000 for each of the fiscal years 2020 through 2024 to establish the System. Notwithstanding the protections provided under this section, no pipeline operator may use the submission of information to the System as protection against enforcement actions or corrective orders that are based on information or evidence obtained outside of the System. . The table of sections for chapter 601 of title 49, United States Code, is further amended by adding at the end the following: 60144.Voluntary information-sharing system. .