; or (D) data or information developed or obtained from a source other than the VIS. (g) No effect on discovery (1) In general Nothing in this section, nor any rule, regulation, or amendment 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 under Federal, State, or local law. (2) Exception Paragraph (1) shall not apply to exclusions from discovery from the VIS as described in subsection (f)(2). (h) Reporting Not later than the end of each fiscal year, the Secretary shall submit to Congress a report on the status of the VIS. (i) Definitions In this section: (1) Nonpublic information The term nonpublic information means any 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. (2) Participating entity The term participating entity means an entity determined appropriate by the Secretary to submit information for inclusion in the VIS, or to be authorized to access information and reports included in the VIS, including— (A) an operator of a pipeline facility, and related employees, labor unions, contractors, in-line inspection service providers, and nondestructive evaluation experts; (B) the Pipeline and Hazardous Materials Safety Administration