PHMSA Voluntary Information Sharing Act
- Bill Number
- S. 2979
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2025-10-07: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Last Updated
- 2026-02-25T20:47:33Z
AI-Generated Summary
Purpose of the Legislation
The PHMSA Voluntary Information Sharing Act (S. 2979) aims to improve the safety of pipeline facilities by creating a confidential, voluntary system for sharing non-public safety data and information. This system encourages pipeline operators, employees, and other stakeholders to report issues, lessons learned, and potential risks without fear of punishment, ultimately reducing accidents and enhancing industry-wide safety practices for gas transmission, gas distribution, liquefied natural gas (LNG) facilities, underground natural gas storage, and hazardous liquid pipelines.
Key Provisions
- Establishment of the Voluntary Information-Sharing System (VIS): The Secretary of Transportation, through the Pipeline and Hazardous Materials Safety Administration (PHMSA), must create the VIS within one year of enactment. It follows recommendations from a 2016 report by the Pipeline Safety Voluntary Information-Sharing System Working Group.
- Governance Structure:
- A 15-member Governing Board oversees the VIS, with balanced representation: 5 from government (federal, state, or territorial, including the PHMSA Administrator or designee), 5 from the pipeline industry (e.g., operators, trade groups, vendors), and 5 from public safety advocacy (e.g., environmental groups, universities, labor organizations).
- The Board is co-chaired by the PHMSA Administrator (or designee), an industry representative, and a public interest representative.
- Board decisions require a supermajority (at least two-thirds plus one member).
- The PHMSA Administrator serves as Program Manager for daily operations.
- A qualified Third-Party Data Manager handles secure data receipt, de-identification, storage, and analysis.
- Issue Analysis Teams, composed of technical experts (possibly including public advocates), analyze specific safety topics and provide recommendations to the Board.
- Participation and Data Handling:
- Participation is fully voluntary; no one can be forced to share data, and operators must authorize submissions about their operations.
- Encourages sharing among operators, employees, contractors, unions, inspection providers, government agencies (federal, state, tribal), public interest groups, manufacturers, and research institutions.
- Acceptable data includes risk analyses, lessons from accidents or near-misses, process improvements, technology practices, employee surveys (with operator consent), and other safety-related information identified by the Board.
- Confidentiality and Protections:
- Non-public data (information not disclosed publicly) is kept confidential and exempt from the Freedom of Information Act (FOIA, a law requiring government transparency).
- Data cannot be used as evidence in litigation or enforcement actions against operators or employees, except for criminal evidence, mandatory incident reports, or data unrelated to VIS purposes.
- De-identified (anonymized) safety findings or recommendations can be publicly shared with Board approval to promote broader improvements.
- The VIS is exempt from the Federal Advisory Committee Act (FACA, which governs advisory groups), allowing more flexible operations.
- Reporting and Funding:
- The Board issues annual public reports on VIS activities, membership, analyzed topics, requested data, and safety trends.
- The Secretary submits annual status reports to Congress.
- Funding includes up to $5 million annually in additional fees from fiscal years 2024–2027, plus exploration of sustainable sources like public-private partnerships.
Significant Changes to Existing Law
- Adds a new section (60144) to Chapter 601 of Title 49, United States Code, which governs pipeline safety, to create and detail the VIS framework.
- Amends Section 60101(a) to define "nonpublic information" (data not made public by a company or otherwise unavailable publicly) and "public information" (data that is disclosed or in the public domain).
- Makes clerical updates to chapter headings and conforming changes to related sections (e.g., updating cross-references in Titles 46 and 49).
- Introduces technical corrections to definitions in Section 60101(a), such as clarifying exclusions for certain pipeline activities (e.g., in-plant piping) and standardizing formatting for terms like "existing liquefied natural gas facility."
Potential Impacts
- Government Agencies: PHMSA gains a structured tool for proactive safety oversight without relying solely on mandatory reporting, potentially reducing regulatory burdens while improving data-driven decisions. State and tribal agencies benefit from encouraged participation in sharing.
- Citizens: Enhances public safety by identifying and mitigating pipeline risks earlier, potentially lowering accident rates, environmental damage, and community disruptions from leaks or explosions.
- Pipeline Industry: Operators and related entities can share insights confidentially, fostering innovation and best practices without legal risks, though it requires initial setup costs.
- International Relations: No direct impacts mentioned; the bill focuses on domestic U.S. pipelines.
Main Stakeholders Affected
- Pipeline Operators and Industry: Gas and hazardous liquid pipeline companies, trade associations, vendors (e.g., inspection tech providers), and contractors who submit data and benefit from shared lessons.
- Government Entities: PHMSA (leads implementation), federal/state/territorial agencies, and tribal pipeline safety offices involved in governance and data sharing.
- Public and Advocacy Groups: Safety and environmental organizations, labor unions, universities, and research institutions that provide input, analyze data, and advocate for transparency in de-identified outputs.
- Employees and Contractors: Pipeline workers and service providers encouraged to report near-misses or improvements voluntarily.
- General Public: Indirectly affected through safer infrastructure, with access to anonymized safety reports.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens confidentiality protections by carving out VIS data from FOIA and litigation discovery, balancing safety incentives with due process (e.g., exceptions for crimes or required reports prevent abuse). It preserves existing pipeline safety laws without overriding them, avoiding conflicts with enforcement authority.
- Constitutional: Supports voluntary participation to respect privacy and property interests in proprietary data; no compelled disclosures align with Fifth Amendment protections against self-incrimination in regulatory contexts.
- Political: Promotes collaboration across sectors (government, industry, public) via balanced governance, potentially reducing partisan divides on energy safety. As a bipartisan bill (introduced by Sens. Moran and Duckworth), it signals consensus on infrastructure resilience without new mandates. Annual congressional reporting ensures oversight.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2025-10-07: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- 2025-10-07: Introduced in Senate
Bill Versions
- PHMSA Voluntary Information Sharing Act — issued 2025-10-07 — PDF (27 pages)