S. 2975 — what changed

Section 60142 of title 49, United States Code, is amended—

“(2) Determination

“(A) In general—To accomplish the purpose of a testing program, the Secretary may issue an order waiving compliance with any part of an applicable standard prescribed under this chapter if the condition described in paragraph (1) is met, as determined by the Secretary.

“(B) Limitation—The Secretary shall not require testing program applicants to use the nonemergency waiver process, or to otherwise meet the requirements of the nonemergency waiver process, established under section 60118(c)(1).”

changed “(h) Authority To to terminate program

“(1) In general—The Secretary shall immediately terminate a testing program under subsection (a) if continuation of the testing program would not be consistent with the goals and objectives of this chapter.

changed “(2) Notification—Not later than 10 days after the termination of a testing program under paragraph (1), the Secretary shall notify the relevant pipeline operators of how they can cure address any deficiencies identified by the Secretary.

“(3) Reinstatement—If the Secretary determines that the deficiencies identified under paragraph (2) are addressed, the Secretary shall reinstate the testing program.”

“(m) Approval process—Establishment of a testing program under subsection (a) shall not be considered a major Federal action (as defined in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e)) for purposes of that Act (42 U.S.C. 4321 et seq.).”

“(iii) to allow a recipient of a warning under section 190.205 of title 49, Code of Federal Regulations (or a successor regulation), to discuss claims made in the warning with relevant staff;”

“(K) for civil penalties over $1,000,000, adjusted each year for inflation, allow the respondent to request a formal hearing in accordance with section 554 of title 5, conducted by an administrative law judge; and

“(L) provide a written response to a request for the withdrawal or modification of a written warning issued under this section.”

“(2) Hearing requirements—A hearing under this section shall—

“(A) be noticed to the public on the website of the Pipeline and Hazardous Materials Safety Administration on its own page titled “Upcoming Enforcement Hearings”;

“(B) provide an orderly and timely process, as determined by the Secretary;

“(C) in the case of a formal hearing, be open to the public.”

“60144. Voluntary information-sharing system

“(a) Definitions—In this section:

“(1) Administrator—The term Administrator means the Administrator of the Pipeline and Hazardous Materials Safety Administration.

“(2) Governing Board—The term Governing Board means the governing board established under subsection (d)(1).

“(3) Issue Analysis Team—The term Issue Analysis Team means an Issue Analysis Team established under subsection (g)(1).

“(4) Program Manager—The term Program Manager means the Program Manager described in subsection (e).

“(5) Third-Party Data Manager—The term Third-Party Data Manager means the Third-Party Data Manager appointed under subsection (f)(1).

“(6) VIS—The term VIS means the voluntary information-sharing system established under subsection (b)(1).

“(b) Establishment

“(1) In general—Not later than 1 year after the date of enactment of this section, the Secretary shall establish a confidential and nonpunitive voluntary information-sharing system to encourage the sharing of pipeline safety data and information in order to improve the safety of gas transmission pipelines, gas distribution pipelines, liquefied natural gas facilities, underground natural gas storage facilities, and hazardous liquid pipelines.

“(2) Requirement—The VIS shall be implemented and managed in accordance with the report entitled “Pipeline Safety Voluntary Information-Sharing System Recommendation Report” prepared under section 10 of the PIPES Act of 2016 (49 U.S.C. 60108 note; Public Law 114–183) by the Voluntary Information Sharing System Working Group convened under that section.

“(3) Purpose—The purpose of the VIS shall be to serve as a comprehensive and integrated system—

“(A) to gather, evaluate, and quantify critical pipeline safety data and information; and

“(B) to share recommended remediation measures and lessons learned across the pipeline industry in an efficient and confidential manner.

“(c) Governance—The VIS shall be governed, in accordance with this section, by the Governing Board, with support from—

“(1) the Program Manager;

“(2) the Third-Party Data Manager; and

“(3) 1 or more Issue Analysis Teams.

“(d) Governing board

changed “(1) In general—Not later than 180 days after the date of enactment of this section, the Administrator, after consulting with public public, government, and private pipeline safety stakeholders, shall establish a governing board for the VIS.

“(2) Composition

“(A) In general—The Governing Board shall be composed of 15 members who shall represent a balanced cross-section of pipeline safety stakeholders, in accordance with subparagraphs (B) and (C).

“(B) Representation—The Governing Board shall be composed of the following members:

“(i) 5 individuals selected from relevant pipeline safety departments, agencies, or instrumentalities of the Federal Government or State or territorial governments, 1 of whom shall be the Administrator (or a designee of the Administrator).

“(ii) 5 individuals selected from the gas or hazardous liquid industries, such as individuals representing or otherwise associated with—

“(I) operators;

“(II) trade associations;

“(III) inspection technology, coating, or cathodic protection vendors;

“(IV) standards development organizations;

“(V) research and development consortia; or

“(VI) pipeline inspection organizations.

“(iii) 5 individuals selected from general public safety advocacy organizations with relevant pipeline safety expertise, including—

“(I) pipeline safety and environmental public interest groups;

“(II) public institutions of higher education with pipeline safety expertise; and

“(III) nonprofit employee labor organizations.

“(C) Requirements

“(i) Pipeline industry—At least 1 member of the Governing Board appointed under subparagraph (B)(ii) shall be a representative of the pipeline industry.

“(ii) Pipeline safety public interest groups—At least 1 member of the Governing Board appointed under subparagraph (B)(iii) shall be a representative of a pipeline safety public interest group.

“(3) Terms

“(A) In general—Except as provided in subparagraph (B), each member of the Governing Board shall be appointed for a term of 3 years.

“(B) Initial members—In appointing the initial members of the Governing Board, the Administrator shall appoint members to terms of 1, 2, or 3 years to ensure that each year thereafter—

“(i) the terms of 5 members will expire; and

“(ii) the term of not less than 1 and not more than 2 members described in each of clauses (i) through (iii) of paragraph (2)(B) will expire.

“(C) Reappointment—A member or former member of the Governing Board appointed under clause (i) or (ii) of paragraph (2)(B) may be reappointed, but may only serve for a total of 3 terms.

“(4) Co-chairs

“(A) In general—The Governing Board shall be co-chaired by—

“(i) the Administrator (or a designee of the Administrator);

“(ii) a representative of the pipeline industry appointed under paragraph (2)(B)(ii), who shall be appointed co-chair by the Administrator, with the advice and consent of the Governing Board; and

“(iii) a representative of a pipeline safety public interest group, who shall be appointed co-chair by the Administrator, with the advice and consent of the Governing Board.

“(B) Responsibilities of co-chairs—The co-chairs shall be jointly responsible for organizing and conducting meetings of the Governing Board.

“(5) Authority—The Governing Board shall have authority—

“(A) to govern and provide strategic oversight of the VIS;

“(B) to develop governance documents, including a charter for the Governing Board that shall—

“(i) be made available to the public; and

“(ii) describe—

“(I) the scope of the authority of the Governing Board; and

“(II) the objectives of the Governing Board;

“(C) to select and appoint the Third-Party Data Manager in accordance with subsection (f);

“(D) to approve the criteria and procedures governing how the Third-Party Data Manager will receive and accept pipeline safety data and information;

“(E) to establish, and appoint members of, Issue Analysis Teams in accordance with subsection (g);

“(F) to collaborate with Issue Analysis Teams to identify issues and topics to be analyzed by the Issue Analysis Teams;

“(G) to collaborate with Issue Analysis Teams to specify the type of pipeline safety data and information necessary for the Issue Analysis Teams to analyze the issues and topics identified under subparagraph (F);

“(H) to determine the information to be disseminated by the VIS;

“(I) to determine the reports to be disseminated by the VIS;

“(J) to issue, not less frequently than annually, publicly available reports on—

“(i) VIS processes;

“(ii) the membership of the Governing Board;

“(iii) issues and topics being investigated and analyzed by Issue Analysis Teams or the Governing Board;

“(iv) pipeline safety data and information that the VIS has requested for submission to the VIS; and

“(v) safety trends identified by the Administrator, Issue Analysis Teams, or the Governing Board; and

“(K) to perform such other functions that the Governing Board determines are—

“(i) necessary or appropriate; and

“(ii) consistent with the purpose of the VIS described in subsection (b)(3).

“(6) Decisionmaking

“(A) In general—Decisions and approvals of the Governing Board shall be made by a super-majority of the members, as described in subparagraph (B).

“(B) Supermajority described—A supermajority referred to in subparagraph (A) shall consist of not fewer than—

“(i) 2⁄3 of the total members of the Governing Board; and

“(ii) 1 additional member of the Governing Board.

“(e) Program manager

“(1) In general—The Administrator (or a designee of the Administrator) shall serve as the Program Manager for the VIS.

“(2) Responsibilities—The Program Manager shall provide the day-to-day program management and administrative support for the VIS, including oversight of the Third-Party Data Manager.

“(f) Third-Party Data Manager

“(1) In general—The Governing Board shall appoint a Third-Party Data Manager to provide data management and data oversight services for the VIS.

“(2) Qualifications—The Third-Party Data Manager shall have expertise in data protection, aggregation, and analytics.

“(3) Responsibilities—In carrying out the services described in paragraph (1), the Third-Party Data Manager shall—

“(A) receive and secure pipeline safety data and information submitted to the VIS;

“(B) accept pipeline safety data and information submitted to the VIS that meets the criteria and procedures approved by the Governing Board under subsection (d)(5)(D);

“(C) de-identify, store, and manage pipeline safety data and information that is accepted by the VIS;

“(D) collaborate with Issue Analysis Teams to analyze and aggregate pipeline safety data and information that is accepted by the VIS;

“(E) prepare reports as requested by the Governing Board regarding the type of pipeline safety data and information that is managed by the VIS; and

“(F) make recommendations to the Governing Board regarding the management of pipeline safety data and information by the VIS, as appropriate.

“(g) Issue Analysis Teams

“(1) In general—The Governing Board shall establish, and appoint the members of, 1 or more Issue Analysis Teams as the Governing Board determines to be appropriate and relevant to the pipeline safety work of the VIS.

“(2) Qualifications—An Issue Analysis Team established under paragraph (1) shall—

“(A) subject to subparagraph (B), consist of pipeline safety technical and subject matter experts; and

“(B) may include, as appropriate, representatives from public safety advocacy organizations described in subsection (d)(2)(B)(iii).

“(3) Responsibilities—An Issue Analysis Team shall—

“(A) work with the Third-Party Data Manager to aggregate and analyze pipeline safety data and information submitted to the VIS relating to the issues and topics analyzed by the Issue Analysis Team; and

“(B) submit internal reports and recommendations to the Governing Board on those issues and topics.

“(h) Application of FACA—Chapter 10 of title 5 (commonly referred to as the “Federal Advisory Committee Act”) shall not apply to—

“(1) the VIS;

“(2) the Governing Board; or

“(3) any Issue Analysis Team.

“(i) Participation in the VIS

“(1) In general—The submission of data and information to the VIS by any person shall be voluntary, with no person compelled to participate in, or to submit data or information to any person for inclusion in, the VIS.

“(2) Requirement—The VIS shall not accept data or information relating to an operator if the operator has not authorized the submission of that data or information for inclusion in the VIS.

“(3) Encouraging information sharing—The Governing Board shall encourage the voluntary sharing of pipeline safety data and information among—

changed “(A) operators of gas transmission, transmission pipelines, gas distribution, distribution pipelines, and hazardous liquid pipelines;

“(B) employees of those operators;

“(C) labor unions representing those employees;

“(D) contractors of the operators described in subparagraph (A);

“(E) in-line inspection service providers;

“(F) non-destructive evaluation experts;

“(G) the Pipeline and Hazardous Materials Safety Administration; and

“(H) representatives of—

“(i) State pipeline safety agencies;

“(ii) relevant Tribal agencies;

“(iii) pipeline safety public interest groups;

“(iv) manufacturers of gas transmission, gas distribution, and hazardous liquid pipeline infrastructure and equipment; and

“(v) relevant research and academic institutions.

“(4) Limitation on inclusion of data and information in the VIS—Pipeline safety data and information accepted by the Third-Party Data Manager for inclusion in the VIS under subsection (f)(3)(B) shall be related to the issues and topics identified by the Governing Board for analysis by an Issue Analysis Team under subsection (d)(5)(F).

“(5) Types of data and information included in the VIS—Pipeline safety data and information accepted by the Third-Party Data Manager for inclusion in the VIS under subsection (f)(3)(B) 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, subject to the condition that such surveys are voluntarily agreed to by the pipeline operator;

“(F) pipeline safety data and information which may lead to the identification of pipeline safety risks, as specified by the Governing Board; and

“(G) any other relevant data or information, as determined by the Governing Board.

“(j) Confidentiality

“(1) In general—To facilitate the sharing of otherwise nonpublic pipeline safety data and information with the VIS, the data and information accepted, stored, managed, analyzed, or produced by the VIS—

“(A) shall be kept confidential by the VIS; and

“(B) except as otherwise provided in this section, is not subject to disclosure by the VIS under any other law.

“(2) Prohibition—Except as provided in paragraph (3), no person, including the Program Manager, the Third-Party Data Manager, any member of the Governing Board, and any member of an Issue Analysis Team, and no Federal, State, local, or Tribal agency having or obtaining access to nonpublic information accepted, analyzed, stored, managed, or produced by the VIS may release or communicate that nonpublic information from the VIS, either in an identified or de-identified form, to any person who does not have the authority to view VIS data.

“(3) Exception

“(A) In general—Notwithstanding paragraphs (1) and (2) and subsections (k) and (l), on approval by the Governing Board under subparagraph (B), the Governing Board or the Administrator may disclose de-identified nonpublic information obtained by the VIS.

“(B) Approval—Approval to disclose de-identified nonpublic information under subparagraph (A)—

“(i) shall be based on an analysis of the de-identified nonpublic information; and

“(ii) may, in the sole discretion of the Governing Board, consist of any safety findings or recommendations that the Governing Board determines to publish or authorizes the Administrator to publish to improve pipeline safety.

“(C) Public reports—In issuing public reports under subsection (d)(5)(J), the Governing Board shall approve the disclosure of de-identified nonpublic information obtained by the VIS that the Governing Board determines is necessary to adequately describe and illustrate the issues and topics being investigated and analyzed by Issue Analysis Teams or the Governing Board.

“(4) Savings provision—This subsection does not apply to public information that may be submitted to the VIS.

“(k) Applicability of FOIA

“(1) Exemption—Any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS and subsequently obtained by the Secretary or the Administrator from the VIS is exempt from the requirements of section 552 of title 5.

“(2) Applicability—For purposes of paragraph (1), this section shall be considered to be a statute described in section 552(b)(3)(B) of title 5.

“(l) Exclusion of VIS information in litigation and other proceedings

“(1) Excluded evidence—Except as provided in paragraph (3), any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS may 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 the employees or contractors of a pipeline 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), any nonpublic information that is accepted, stored, managed, analyzed, or produced 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 data or information that—

“(A) is evidence of a criminal violation;

“(B) is not related to the purpose of the VIS described in subsection (b)(3);

“(C) is otherwise required to be reported to the Secretary under part 190, 191 (including information about an incident or accident), 192, 194, 195, or 199 of title 49, Code of Federal Regulations (or successor regulations);

“(D) is required to be reported to a State authority under State pipeline safety laws; or

“(E) is 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.

“(m) Effect on discovery—Except as provided in subsection (l)(2), nothing in this section or any rule or regulation promulgated under this section—

“(1) creates a defense to a discovery request; or

“(2) otherwise limits or affects the discovery of pipeline safety data and information arising from a cause of action authorized under any other Federal, State, or local law.

“(n) Savings provision—Nothing in this section affects any Federal, State, or local pipeline safety law.

“(o) Annual reports—Each fiscal year, the Secretary shall submit to Congress, by the end of that fiscal year, a report on the status of the VIS.

“(p) Funding

“(1) Sustainable funding—The Secretary shall—

“(A) explore sustainable funding sources for the VIS, including public-private partnerships; and

“(B) to the maximum extent practicable, sustainably fund the VIS through the use of those sustainable funding sources.

changed “(2) Limited additional funding—In addition to the fees collected under section 60301, the Secretary may collect an additional $5,000,000 under that section for each of fiscal years 2024 2026 through 2027 2030 to establish, implement, and manage the VIS.”

“(17) Nonpublic information—The term nonpublic information means any pipeline safety data or information, regardless of form or format, that—

“(A) a company does not disclose, disseminate, or make available to the public; or

“(B) is not otherwise in the public domain.”

“(21) Public information—The term public information means any data or information, regardless of form or format, that—

“(A) a company discloses, disseminates, or makes available to the public; or

“(B) is otherwise in the public domain.”

changed “(f) Inspection of rights-of-Wayrights-of-way

“(1) In general—When requiring an operator to inspect the surface conditions on or adjacent to a pipeline right-of-way, the Secretary shall allow the use of unmanned aircraft systems and satellites.

“(2) Savings provision—Nothing in this subsection affects any obligation to operate an unmanned aircraft system in accordance with all relevant Federal laws relating to the use of unmanned aircraft systems.”

“(1) In general—Each”

“(2) Revision—If”

“(4) Alternative methods 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 the Secretary determines that the alternative method—

“(i) achieves a level of safety at least equal to the level of safety required by the regulations promulgated under this chapter; and

“(ii) allows for timely emergency response.

“(B) Purpose—An operator considering implementing an alternative method described in subparagraph (A) may consider incorporating into the plan for implementing that 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 facility 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 facility 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; and

“(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) Consultation

“(i) Available guidance—In developing alternative methods under this paragraph, 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 guidance described in clause (i), an operator may consult leading industry practices and guidance to develop and implement alternative methods under this paragraph.

“(D) Requirements—An operator using an alternative method under this paragraph shall ensure that the alternative inspection plans of the operator continue to ensure that the operator can identify risks to pipeline facilities.

“(E) Savings provision—Nothing in this paragraph exempts an operator from compliance with any applicable requirements under this chapter (including any regulations promulgated under this chapter).”

“(D) A final rule required to be issued under the PIPELINE Safety Act of 2025.”

“(1) In general—In this section, the term outstanding mandate means a final rule described in paragraph (2) that—

“(A) is required to be issued by the Secretary (including any subordinate of the Secretary); and

“(B) has not been published in the Federal Register.

“(2) Final rule described—A final rule referred to in paragraph (1) is any of the following:”

“(d) Required briefing—If the Secretary fails to update the website as required under subsection (b)(1), an appropriate employee of the Administration shall provide an in-person briefing to the relevant committees of Congress every 30 days until the requirements of that subsection are met.

“(e) Optional briefing—Annually, the Administrator shall offer to provide a briefing, by the Administrator or a designee, to the relevant committees of Congress on the status of outstanding mandates.

“(f) Restriction of funds—If a requirement of subsection (b) is not met for over 90 days, no funds authorized or appropriated may be used to support travel for the Administrator or the Deputy Administrator of the Administration, unless necessary for the response to or investigation of a pipeline or hazardous materials incident.”

changed It is the sense of Congress that, if the Secretary determines it to be appropriate, the Secretary should engage with a broad range of pipeline stakeholder groups, including State pipeline safety programs with an approved certification under section 60105 of title 49, United States Code, and the public during predrafting stages of rulemaking activities—

Section 108 of title 49, United States Code, is amended—

“(h) Office of Public Engagement

“(1) Definitions—In this subsection:

“(A) Appropriate committees of Congress—The term appropriate committees of Congress has the meaning given the term in section 2 of the PIPELINE Safety Act of 2025.

“(B) Director—The term Director means the Director of the Office.

“(C) Office—The term Office means the Office of Public Engagement of the Administration established under paragraph (2).

“(2) Establishment—Not later than 1 year after the date of enactment of this subsection, the Administrator shall establish within the Administration an office, to be known as the “Office of Public Engagement”.

“(3) Director—The Office shall be headed by a Director, who shall—

“(A) report to the Associate Administrator for Pipeline Safety; and

“(B) be responsible for the discharge of the functions and duties of the Office.

“(4) Employees—The Director shall—

“(A) appoint and assign the duties of employees of the Office; and

“(B) prioritize the hiring of individuals who have experience in community engagement, including working with the public, State, local and Tribal governments, and pipeline safety public interest groups.

“(5) Community liaisons—The Director shall appoint agency community liaison personnel employed as of the date on which the Office is established as employees of the Office.

“(6) Duties and functions of the Office

“(A) Coordination of assistance—The Director shall coordinate the provision of technical assistance and educational assistance to the public with respect to the authorities exercised by the Administration.

“(B) Public engagement—The Director shall coordinate active and ongoing engagement with the public with respect to the authority and activities of the Administration, including by—

“(i) conducting—

changed “(I) outreach, which may include public postings, signage at relevant physical locations, newspaper publications, utility bill inserts, mailings, phone calls, canvassing, and door hangers, to communities using varied media; and

“(II) when appropriate, meetings;

“(ii) assisting individuals in resolving pipeline safety inquiries;

“(iii) making publicly available, and disseminating, information on the manner in which members of the public may file inquiries relating to pipeline safety;

“(iv) assisting individuals in contacting, as necessary, the Federal Energy Regulatory Commission, State agencies, and other agencies, in order to appropriately direct public inquiries that are not within the jurisdiction of the Administration to the relevant agency; and

“(v) preparing, and making publicly available in accessible formats, educational materials about the Administration, the responsibilities of the Administration, and how those responsibilities interact with entities under the jurisdiction of the Administration and other Federal, State, local, or Tribal government agencies.”

“(E) the timeliness of emergency response notification, including by reducing penalties for cases in which incidents are reported within 10 minutes of a suspected release; and

“(F) advanced coordination with State, local, Tribal, and territorial governmental entities resulting in the relevant and timely use of existing public alert notification systems; and”