A BILL
To amend title 49, United States Code, to provide enhanced safety in pipeline transportation, and for other purposes.
“(a) Gas and hazardous liquid
“(1) In general—From fees collected under section 60301, there are authorized to be appropriated to the Secretary to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the provisions of this chapter relating to gas and hazardous liquid—
“(A) $181,400,000 for fiscal year 2026, of which—
“(i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
“(ii) $73,000,000 shall be used for making grants;
“(B) $189,800,000 for fiscal year 2027, of which—
“(i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
“(ii) $75,000,000 shall be used for making grants;
“(C) $198,200,000 for fiscal year 2028, of which—
“(i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
“(ii) $77,000,000 shall be used for making grants; and
“(D) $206,600,000 for fiscal year 2029, of which—
“(i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
“(ii) $79,000,000 shall be used for making grants.
“(2) Trust fund amounts—In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be appropriated from the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986 to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the provisions of this chapter relating to hazardous liquid—
“(A) $30,000,000 for fiscal year 2026, of which—
“(i) $2,000,000, pursuant to the authority in section 12(f) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355), shall be used to carry out section 12 of such Act; and
“(ii) $11,000,000 shall be used for making grants;
“(B) $30,500,000 for fiscal year 2027, of which—
“(i) $2,000,000, pursuant to the authority in section 12(f) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355), shall be used to carry out section 12 of such Act; and
“(ii) $11,500,000 shall be used for making grants;
“(C) $31,000,000 for fiscal year 2028, of which—
“(i) $2,000,000, pursuant to the authority in section 12(f) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355), shall be used to carry out section 12 of such Act; and
“(ii) $12,000,000 shall be used for making grants; and
“(D) $31,500,000 for fiscal year 2029, of which—
“(i) $2,000,000, pursuant to the authority in section 12(f) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355), shall be used to carry out section 12 of such Act; and
“(ii) $12,500,000 shall be used for making grants.
“(3) Underground natural gas storage facility safety account—From fees collected under section 60302, there is authorized to be appropriated to the Secretary to carry out section 60141 $7,000,000 for each of fiscal years 2026 through 2029.
“(4) Recruitment and retention—From amounts made available to the Secretary under paragraphs (1) and (2), the Secretary shall use, to carry out section 104(a) of the PIPES Act of 2025 and section 102(c) of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (Public Law 116–260)—
“(A) $3,400,000 for fiscal year 2026, of which—
“(i) $2,890,000 shall be from amounts made available under paragraph (1)(A); and
“(ii) $510,000 shall be from amounts made available under paragraph (2)(A);
“(B) $5,100,000 for fiscal year 2027, of which—
“(i) $4,335,000 shall be from amounts made available under paragraph (1)(B); and
“(ii) $765,000 shall be from amounts made available under paragraph (2)(B);
“(C) $6,800,000 for fiscal year 2028, of which—
“(i) $5,780,000 shall be from amounts made available under paragraph (1)(C); and
“(ii) $1,020,000 shall be from amounts made available under paragraph (2)(C); and
“(D) $8,500,000 for fiscal year 2029, of which—
“(i) $7,225,000 shall be from amounts made available under paragraph (1)(D); and
“(ii) $1,275,000 shall be from amounts made available under paragraph (2)(D).”
“(1) $31,681,000 for fiscal year 2026.
“(2) $32,000,000 for fiscal year 2027.
“(3) $33,000,000 for fiscal year 2028.
“(4) $34,000,000 for fiscal year 2029.”
“(A) $2,250,000 for fiscal year 2026.
“(B) $2,500,000 for fiscal year 2027.
“(C) $2,750,000 for fiscal year 2028.
“(D) $3,000,000 for fiscal year 2029.”
“(A) $1,250,000 for fiscal year 2026.
“(B) $1,500,000 for fiscal year 2027.
“(C) $1,750,000 for fiscal year 2028.
“(D) $2,000,000 for fiscal year 2029.”
“60144. Safe Energy for Communities Updating and Replacing Infrastructure for Natural Gas Systems grants
“(a) In general—The Secretary may provide grants to assist publicly owned natural gas distribution pipeline systems to—
“(1) advance the safe delivery of energy through reducing the risk profile of existing municipal and community-owned natural gas distribution infrastructure that contains high-risk or leaking pipelines that may result in fatalities, injuries, or significant damages to property resulting from unintentional natural gas leaks; and
“(2) reduce monetary losses to the utility.
“(b) Eligible entities—An entity eligible to receive a grant under this section is a natural gas distribution system utility owned and operated by a—
“(1) community;
“(2) municipality;
“(3) city or township;
“(4) county; or
“(5) Federally-recognized Tribal government.
“(c) Applications—An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require that directly relates to technical aspects of the grant application, including a description of the projects or activities proposed to be funded by the grant.
“(d) Uses—A grant provided under this section may be used to repair, rehabilitate, or replace a natural gas distribution pipeline system or portions of a natural gas distribution pipeline system.
“(e) Considerations—The Secretary shall establish procedures for awarding grants under this section that take into consideration—
“(1) the risk profile of the existing pipeline system operated by the applicant, including the presence of pipe prone to leakage, and how the project would improve the safe delivery of energy;
“(2) the financial ability of the utility to fund the project in the absence of Federal financial assistance;
“(3) the ability for the project to reduce monetary losses to the utility by improving system reliability, reducing lost natural gas from leaking pipe, or reducing costs associated with maintenance and repair activities; and
“(4) the legal authority and capability of the applicant to carry out the project.
“(f) Prioritization—In making grants for projects eligible under this section, the Secretary shall prioritize grants for projects that—
“(1) serve a rural area, as defined in section 22907(g)(2) or an economically distressed community that meets the eligibility criteria described in section 301 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161); or
“(2) address the highest safety concerns based on the risk profile and condition of the existing pipeline system as outlined in the operator’s distribution integrity management plan, factoring in relevant data, leak statistics, and risk analysis.
“(g) Limitations
“(1) Awards to a single utility—The Secretary may not award more than 12.5 percent of the total amount made available in any fiscal year to carry out this section to a single eligible entity described in subsection (b).
“(2) Administrative expenses—Not more than 2 percent of the amounts appropriated pursuant to subsection (i)(1) for a fiscal year may be used by the Secretary for the administrative costs of carrying out this section.
“(h) Cost sharing—The total amount awarded for a project under this section shall be not less than 90 percent of the total eligible project costs described in subsection (d).
“(i) Funding
“(1) Authorization of appropriations—There is authorized to be appropriated to the Secretary to carry out this section $150,000,000 for each of fiscal years 2027 through 2029, to remain available until expended.
“(2) Requirement—Any amounts used to carry out this section—
“(A) shall be derived from the General Fund of the Treasury; and
“(B) shall not be derived from user fees collected under section 60301.”
“(1) “carbon dioxide” means a product stream consisting of more than 50 percent carbon dioxide molecules in any state of matter except solid;
“(2) “carbon dioxide pipeline facility”—
“(A) means a pipeline, a right of way, a facility, a building, or equipment used, or intended to be used, in transporting carbon dioxide or treating carbon dioxide during the transportation of such carbon dioxide; but
“(B) does not include any storage facility, piping, or equipment covered by the exclusion in section 60102(i)(3)(B)(ii);
“(3) “de-identified” means the process by which all information that is likely to establish the identity of the specific persons, organizations, or entities submitting reports, data, or other information is removed from reports, data, or other information;”
“(9) “interstate carbon dioxide pipeline facility” means a carbon dioxide pipeline facility used to transport carbon dioxide in interstate or foreign commerce;
“(10) “intrastate carbon dioxide pipeline facility” means a carbon dioxide pipeline facility that is not an interstate carbon dioxide facility;”
“(22) “non-public pipeline safety data and information” means any pipeline safety data or information, regardless of form or format, that a company does not disclose, disseminate, or make available to the public or that is not otherwise in the public domain;”
“(26) “public information” means any data or information, regardless of form or format, that a company discloses, disseminates, or makes available to the public or that is otherwise in the public domain;”
“(31) “transporting carbon dioxide” means the movement of carbon dioxide or the storage of carbon dioxide incidental to the movement of carbon dioxide by pipeline, in or affecting interstate or foreign commerce;”
“(34) “Tribal” means relating to Indian Tribes, as such term is defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130); and”
“(3) Effect on existing regulation—In implementing the incentives described in paragraph (1), the Secretary, in consultation with the Administrator of the Pipeline and Hazardous Materials Safety Administration, may waive existing regulations.”
“(l) Updating standards
“(1) In general—Not less frequently than once every 4 years, or if an interested person otherwise petitions in accordance with section 190.331 of title 49, Code of Federal Regulations (or successor regulation), the Secretary shall review, and update as necessary, incorporated industry standards that have been adopted, either partially or in full, as part of the Federal pipeline safety regulatory program under this chapter that are modified and published by a standards development organization, as such term is defined in section 2(a) of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4301(a)).
“(2) Discretion in adopting industry standards—The Secretary may decline to adopt an industry standard that is inconsistent with applicable law or otherwise impracticable, including in circumstances where the use of an industry standard would not serve the needs of the Federal pipeline safety regulatory program, would impose undue burdens, or if the Secretary determines the standard was improperly influenced by foreign entities.
“(3) List of industry standards—The Secretary shall—
“(A) maintain a publicly available list of all industry standards considered for adoption under this chapter and the agency’s adjudication of each considered standard;
“(B) include the reasoning for not adopting an industry standard, whether in full or in part, on the list under subparagraph (A); and
“(C) 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 such list not later than—
“(i) 30 days after completion of such list; and
“(ii) 30 days after the date of any subsequent revisions to such list.
“(4) Public accessibility—Any industry standards incorporated by reference, or portions thereof, shall be made available by the entity that developed such standards free of charge for viewing on a publicly available website.”
“(1) In general—Not later than 180 days after the date of enactment of the PIPES Act of 2025, the Secretary shall issue a notice of proposed rulemaking prescribing the applicability of the pipeline safety requirements to idled natural gas or other gas transmission and hazardous liquid pipelines.”
“(E) Consideration—In promulgating regulations under this section, the Secretary shall consider the adoption of industry consensus standards.”
“(4) Alternative method of maintaining rights-of-way
“(A) In general—As part of the review conducted under paragraph (3), the Secretary shall allow for an alternative method of maintaining rights-of-way for pipelines and other pipeline facilities under a voluntary program carried out by the operator if such alternative method achieves a level of safety at least equal to the level of safety required by regulations issued under this chapter.
“(B) Purpose—An operator considering implementing an alternative method described under subparagraph (A) may consider incorporating into the plan for implementing such method 1 or more conservation practices, including—
“(i) integrated vegetation management practices, including reduced mowing;
“(ii) the development of habitat and forage for pollinators and other wildlife through seeding or planting of diverse native forbs and grasses;
“(iii) practices relating to maintenance strategies that promote early successional vegetation or limit disturbance during periods of highest use by target pollinator species and other wildlife on pipeline or facilities rights-of-way, including—
“(I) increasing mowing height;
“(II) reducing mowing frequency; and
“(III) refraining from mowing monarch and other pollinator habitat during periods in which monarchs or other pollinators are present;
“(iv) an integrated vegetation management plan that may include approaches such as mechanical tree and brush removal and targeted and judicious use of herbicides and mowing to address incompatible or undesirable vegetation while promoting compatible and beneficial vegetation on pipeline and facilities rights-of-way;
“(v) planting or seeding of deeply rooted, regionally appropriate perennial grasses and wildflowers, including milkweed, to enhance habitat;
“(vi) removing shallow-rooted grasses from planting and seeding mixes, except for use as nurse or cover crops; or
“(vii) obtaining expert training or assistance on wildlife and pollinator-friendly practices, including—
“(I) native plant identification;
“(II) establishment and management of regionally appropriate native plants;
“(III) land management practices; and
“(IV) integrated vegetation management.
“(C) Savings clause—Nothing in this section exempts an operator from compliance with the applicable requirements under this chapter or any applicable regulations promulgated under this chapter.
“(D) Consultation
“(i) Available guidance—In developing such alternative methods, an operator shall consult any available guidance issued by—
“(I) the Secretary; or
“(II) an applicable State agency carrying out compliance activities on behalf of the Secretary in accordance with section 60105.
“(ii) Leading industry practices—In the absence of the guidance described in clause (i), an operator may consult leading industry practices and guidance to develop and implement such alternative methods.”
“(C) Limitation on terms—The Secretary shall impose no terms on a waiver under this paragraph that do not apply to known pipeline safety risks applicable to the standard being waived under subparagraph (A).
“(D) Publication—Upon completion of the application requirements under section 190.341 of title 49, Code of Federal Regulations, or successor regulations, the Secretary shall publish notice of the application in the Federal Register.
“(E) Review of application—The Secretary shall complete a review of each such application not later than 18 months after publishing a notice in the Federal Register described in subparagraph (D) with respect to the application.”
“(b) Leading practices—A State one-call program shall implement leading practices that—
“(1) identify the size and scope of a one-call ticket for standard locate requests, including process exceptions for special large project tickets;
“(2) restrict the longevity of a one-call ticket for standard locate requests, which may include process exceptions for special large project tickets;
“(3) examine and limit exemptions to one-call programs to prevent common excavation damage incidents, including—
“(A) excavation or demolition performed by the owner of a single-family residential property;
“(B) any excavation of 18 inches or less when maintenance activities are performed;
“(C) repairing, connecting, adjusting, or conducting routine maintenance of a private or public underground utility facility; and
“(D) for municipalities, public works organizations, and State departments of transportation for road maintenance;
“(4) specify tolerance zone horizontal dimensions and requirements for hand-dig, hydro, vacuum excavation, and other nonintrusive methods;
“(5) specify emergency excavation notification requirements, including defining emergency excavation and identifying the notification requirements for an emergency excavation;
“(6) specify the responsibilities of the excavator, including the reporting of damages due to excavation activities;
“(7) define who is an excavator and what is considered excavation;
“(8) require the use of white lining or electronic white lining, allowing for exceptions for special large-project tickets;
“(9) require a positive response, such as the utility, municipality, or other entity placing the marks positively responds to the notification center and the excavator checks for a positive response before beginning excavation;
“(10) require newly installed underground facilities to be locatable;
“(11) require the marking of lines and laterals, including sewer lines and laterals;
“(12) require training programs and requirements for third-party excavators performing excavation activities that are not subject to pipeline construction requirements under part 192 or part 195 of title 49, Code of Federal Regulations;
“(13) require training for locate professionals; and
“(14) require the use of commercially available technologies to locate underground facilities, such as geographic information systems and enhanced positive response.
“(c) Report to Congress
“(1) Initial report—Not later than 3 years after the implementation of subsection (b), 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 a report detailing—
“(A) the implementation of the leading practices described in such subsection;
“(B) recommendations to increase the adoption of such leading practices and recommendations for the reduction of excavation damage incidents; and
“(C) the number of underground facility damages per 1,000 one-call tickets in each State for the reporting year.
“(2) Additional reports—Not later than once every 2 years after the submittal of the report under paragraph (1), 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 a report detailing—
“(A) the implementation of the leading practices described in subsection (b);
“(B) recommendations to increase the adoption of such leading practices and recommendations for the reduction of excavation damage incidents; and
“(C) the number of underground facility damages per 1,000 one-call tickets in each state for each year covered by the report.”
“(f) Savings Clause—Nothing in this section shall make a grant award to a State by the Secretary pursuant to section 60107 or section 60134 for a State program certified under section 60105 or section 60106 contingent on compliance by the State with all leading practices described in subsection (b).”
“(1) In general—In making grants”
“(2) Considerations—In evaluating criteria for determining the effectiveness of the damage prevention program of a State, the Secretary shall consider whether the State has, at a minimum—
“(A) effective, active, and consistent enforcement of State one-call laws (including consistency in the application of enforcement resources, fines, and penalties to all relevant stakeholders, such as operators, locators, and excavators);
“(B) data reporting requirements such as those—
“(i) to the local one-call center for excavation damage events on pipelines and other underground facilities, that are not privately owned, including (if available at the time of reporting)—
“(I) information about the nature of the incident, including the facility damaged and the apparent cause of such damage (with supporting documentation);
“(II) the organizations or entities involved;
“(III) the impact to public safety, utility operations, and customer service; and
“(IV) the impact to the environment; and
“(ii) to a nationally focused nonprofit organization specifically established for the purpose of reducing construction-related damages to underground facilities, of damages and near-miss events to underground facilities from excavation damages, including potential contributing factors, facility damaged, type of excavator, work performed, equipment type, and State;
“(C) data reporting requirements, to a nonprofit organization specifically established for the purpose of reducing construction-related damage to underground facilities, of damage and near-miss events to underground facilities from excavation damage, including root cause, facility damaged, type of excavator, work performed, equipment type, and State; and
“(D) performance measures to determine the effectiveness of excavation damage prevention efforts.”
“(e) Penalty for causing a defect in or disrupting operation of pipeline infrastructure
“(1) In general—A person shall be fined under title 18, imprisoned for not more than 10 years, or both, if the person knowingly and willfully—
“(A) causes a defect in a pipe, pump, compressor, or valve in the possession of a pipeline operator to be used in construction of any pipeline facility described in subsection (b) that would affect the integrity or safe operation of any such facility; or
“(B) disrupts the operation of any pipeline facility described in subsection (b) by causing or undertaking the unauthorized or unplanned turning or manipulation of a valve.
“(2) Definition—In this subsection, the term in the possession of a pipeline operator means, with respect to a pipe, pump, compressor, or valve, that such pipe, pump, compressor, or valve is—
“(A) in transit to a pipeline component staging site or construction site;
“(B) at a pipeline component staging site; or
“(C) at a construction site.”
“60145. 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 or Tribal governments, 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.
“(4) Additional limitations on exclusions—The exclusions described in paragraphs (1) and (2) shall not apply to non-public information that is submitted to but not accepted by the VIS.
“(g) Effect on State law—Nothing in this section shall be construed to affect Federal, State, Tribal, 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 Federal, State, Tribal, 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 2026;
“(2) $10,000,000 for fiscal year 2027;
“(3) $10,000,000 for fiscal year 2028; and
“(4) $10,000,000 for fiscal year 2029.”
“(ii) carbon dioxide pipeline safety information;”
“(C) major carbon dioxide pipeline facilities of the operator;”
“(B) Inclusion of applicable standards—The Secretary shall establish the minimum safety standards in part 195 of title 49, Code of Federal Regulations, as applicable.”
“(3) Storage of carbon dioxide
“(A) Minimum safety standards—The Secretary shall prescribe minimum safety standards for the injection, withdrawal, and storage of carbon dioxide incidental to pipeline transportation.
“(B) Storage of carbon dioxide incidental to pipeline transportation—In this paragraph, the term storage of carbon dioxide incidental to pipeline transportation—
“(i) means the temporary receipt and storage of carbon dioxide transported by pipeline for continued transport; but
“(ii) does not include—
“(I) with respect to each State, the long-term containment of carbon dioxide in subsurface geologic formations or other activity subject to the requirements of a State underground injection control program prescribed by the Administrator of the Environmental Protection Agency and applicable to the State, or adopted by the State and approved by the Administrator, under part C of the Safe Drinking Water Act (42 U.S.C. 300h et seq.); or
“(II) the temporary storage of carbon dioxide in any excepted pipelines listed in paragraph (b) of section 195.1 of title 49, Code of Federal Regulations, as of the date of enactment of the PIPES Act of 2025.”
“(5) Dispersion Modeling
“(A) Safety standards—The Secretary shall prescribe minimum safety standards to require each operator of a carbon dioxide pipeline facility to employ vapor dispersion modeling to identify high consequence areas, as defined at section 195.450 of title 49, Code of Federal Regulations, and paragraph (7)(I)(A) of Appendix C to part 195 of such title, that could be affected by a release from such a pipeline.
“(B) Considerations—In performing the vapor dispersion modeling under subparagraph (A), operators of a carbon dioxide pipeline facility shall consider—
“(i) the topography surrounding the pipeline;
“(ii) atmospheric conditions that could affect vapor dispersion;
“(iii) pipeline operating characteristics; and
“(iv) additional substances present in the pipeline that could affect vapor dispersion.
“(C) Maintenance of files—The Secretary shall require each operator of a carbon dioxide pipeline facility to maintain records documenting the areas that could affect high consequence areas, as determined using the vapor dispersion modeling required pursuant to subparagraph (A), in the manual of written procedures for operating, maintaining, and handling emergencies for such pipeline.
“(D) Protection of sensitive information—In responding to a public request for information regarding carbon dioxide dispersion modeling, the Secretary may, taking into account public safety, security, and the need for public access, exclude from disclosure (as the Secretary determines appropriate)—
“(i) security sensitive information related to strategies for responding to worst-case carbon dioxide release scenarios;
“(ii) security sensitive information related to carbon dioxide release plumes; and
“(iii) security sensitive information related to plans for responding to a carbon dioxide release.
“(E) Statutory construction—Nothing in this section may be construed to require disclosure of information or records that are exempt from disclosure under section 552 of title 5.”
“(3) with respect to a carbon dioxide pipeline facility, activities equivalent to the activities described with respect to a hazardous liquid pipeline facility under section 195.501 of such title.”
“(2) a carbon dioxide pipeline facility; or”
“(C) related to a carbon dioxide pipeline facility may be used only for an activity related to carbon dioxide under chapter 601 of this title; and”
“(K) allow the respondent an opportunity for a hearing on the record conducted by an administrative law judge, in accordance with section 554 of title 5, for a notice of probable violation enforcement matter—
“(i) with a proposed civil penalty of at least $125,000; or
“(ii) where the respondent can reasonably show the cost of the proposed compliance action will exceed $125,000.”
“(2) Budget estimate—The budget estimates of the Secretary for each fiscal year shall include—
“(A) a summary of amounts claimed, amounts reimbursed, and the percentages reimbursed in the preceding 3 fiscal years for the program under this section; and
“(B) the estimated funding necessary to fund 80 percent of the cost of the personnel, equipment, and activities under this section for the subsequent calendar year.”
“(e) Testing records working group
“(1) Previously tested transmission lines—Until the completion of the report of the Working Group required under paragraph (2) and the rulemaking proceeding required under paragraph (3), the Secretary shall not require an owner or operator of a pipeline facility to reconfirm the maximum allowable operating pressure of a natural gas transmission pipeline pursuant to section 192.624 of title 49, Code of Federal Regulations, if the owner or operator confirms the material strength of the pipeline through prior testing conducted to a sufficient minimum pressure in accordance with prevailing safety standards and practices, including any applicable class location factors, and documented in contemporaneous records.
“(2) Working group report
“(A) In general—No later than 30 days after the date of enactment of the PIPES Act of 2025, the Secretary of Transportation shall create a fairly balanced working group (hereinafter referred to as the “Working Group”) to produce a report containing recommendations on the minimum pressure and contemporaneous records that are sufficient to confirm the material strength of a pipeline through prior testing.
“(B) Composition of Working Group—The Working Group—
“(i) shall be comprised of the Administrator of the Pipeline and Hazardous Materials Safety Administration, State pipeline regulators, the public, and industry stakeholders active in the operation of natural gas pipelines; and
“(ii) may include members of the Technical Pipeline Safety Standards Committee or be conducted in a manner that otherwise ensures input from the public, as determined appropriate by the Secretary.
“(C) Consideration—In preparing the report required under paragraph (1), the Working Group—
“(i) shall consider historical practices and all available research conducted regarding minimum pressure and contemporaneous records on transmission pipelines; and
“(ii) may consider the need for any additional research or analyses needed to demonstrate the adequacy of any strength testing performed.
“(D) Applicability of FACA—Chapter 10 of title 5 shall not apply to the Working Group.
“(E) Submission of report—Not later than 180 days after the date of enactment of the PIPES Act of 2025, the Working Group shall submit to the Secretary the report produced under paragraph (2), including any minority views.
“(3) Rulemaking—Not later than 180 days after receiving the report described in paragraph (2), the Secretary shall initiate a rulemaking proceeding under section 60102 to revise, or make a technical correction to, the maximum allowable operating pressure reconfirmation regulations issued pursuant to this section.”