Compressed Gas Cylinder Safety and Oversight Improvements Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1182 Introduced in House (IH)]

<DOC>

119th CONGRESS
  1st Session
                                H. R. 1182

 To require the Secretary of Transportation to promulgate regulations
relating to the approval of foreign manufacturers of cylinders, and for
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2025

    Mr. Balderson (for himself, Mr. Krishnamoorthi, and Mr. Taylor)
 introduced the following bill; which was referred to the Committee on
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 To require the Secretary of Transportation to promulgate regulations
relating to the approval of foreign manufacturers of cylinders, and for
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Compressed Gas Cylinder Safety and
Oversight Improvements Act of 2025''.

SEC. 2. REGULATION OF FOREIGN MANUFACTURERS OF CYLINDERS USED IN
              TRANSPORTING HAZARDOUS MATERIALS.

    (a) Definitions.--In this section:
            (1) Cylinder.--The term ``cylinder'' means any cylinder
        specified under any of sections 178.36 through 178.68 of title
        49, Code of Federal Regulations (or successor regulations).
            (2) Foreign manufacturer of cylinders; fmoc.--The term
        ``foreign manufacturer of cylinders'' or ``FMOC'' means an
        entity that manufactures cylinders outside of the United States
        that are intended to be represented, marked, certified, or sold
        as qualified for use in transporting a hazardous material in
        commerce in the United States.
            (3) In good standing.--The term ``in good standing'', with
        respect to an FMOC, means that the FMOC--
                    (A) is approved by the Secretary pursuant to
                section 107.807 of title 49, Code of Federal
                Regulations (or a successor regulation); and
                    (B) has demonstrated 3 years of compliance with--
                            (i) part 107 of title 49, Code of Federal
                        Regulations (or successor regulations); and
                            (ii) chapter 51 of title 49, United States
                        Code.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Transportation.
    (b) Approval of Foreign Manufacturers of Cylinders.--
            (1) In general.--The Secretary shall promulgate regulations
        to provide that an approval provided to an FMOC pursuant to
        section 107.807 of title 49, Code of Federal Regulations (or a
        successor regulation), shall be for a period of not longer than
        1 year, except as provided under paragraph (2).
            (2) 5-year approval.--The Secretary may provide a 5-year
        approval of an FMOC pursuant to section 107.807 of title 49,
        Code of Federal Regulations (or a successor regulation), if the
        following requirements are met:
                    (A) The FMOC attests that none of the cylinders
                made by the FMOC are prohibited from entry to the
                United States under section 307 of the Tariff Act of
                1930 (19 U.S.C. 1307).
                    (B) The FMOC certifies that--
                            (i) the information provided pursuant to
                        subsection (e) is accurate; and
                            (ii) the FMOC has a proactive
                        responsibility to inform the Secretary if any
                        such information materially changes.
                    (C) The Secretary determines that the FMOC is in
                good standing.
            (3) Facility inspections.--
                    (A) Definition of obstructs.--In this paragraph,
                the term ``obstructs'' means taking actions that are
                known, or reasonably should be known, to prevent,
                hinder, or impede an inspection.
                    (B) Penalties.--The Secretary may suspend or
                terminate an approval of an FMOC if the FMOC obstructs
                or prevents the Secretary from carrying out an
                inspection under section 107.807(c) of title 49, Code
                of Federal Regulations (or a successor regulation).
            (4) Interaction with other statutes, agreements,
        regulations.--Nothing in this section may be construed to
        prevent the harmonization of cylinder standards otherwise
        authorized by law.
            (5) Other cause for suspension or termination.--The
        Secretary may suspend or terminate an approval of an FMOC on
        determination that the FMOC knowingly or intentionally
        misrepresented responses to the Secretary required by law,
        including under subsection (e).
    (c) Reevaluation by Request for Related Violations.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary shall promulgate such
        regulations as are necessary to establish a process, as
        determined by the Secretary, for any interested party to
        request a reevaluation of the approval of FMOC cylinders under
        section 107.807 of title 49, Code of Federal Regulations (or a
        successor regulation), to review the accuracy and safety of the
        actions of the FMOC.
            (2) Petition for reevaluation.--The regulations promulgated
        under paragraph (1) shall allow an interested party to file a
        petition if that party has evidence of inaccurate, changed, or
        fraudulent attestations or responses made by an FMOC to the
        Secretary under subsection (e).
    (d) Notice and Comment for Applications by Foreign Manufacturers of
Cylinders.--On receipt of an application for approval under section
107.807 of title 49, Code of Federal Regulations (or a successor
regulation), the Secretary shall--
            (1) timely publish notification of the application on the
        website of the Pipeline and Hazardous Materials Safety
        Administration; and
            (2) provide 30 days for public comment on the application
        prior to approval.
    (e) Additional Questions To Ensure Safety and Compliance With Dot
Processes.--
            (1) Additional questions.--The Secretary shall require, as
        part of an application for approval pursuant to section 107.807
        of title 49, Code of Federal Regulations (or a successor
        regulation), that the applicant answer the following questions:
                    (A) Whether the FMOC applying, or any entity
                controlling more than 10 percent of that FMOC, has ever
                been subject to a civil monetary penalty under title
                49, United States Code, relating to any actions carried
                out as an approved FMOC or during the application for
                approval under that section.
                    (B) Whether the FMOC applying, or any entity
                controlling more than 10 percent of that FMOC, has been
                delinquent in the payment of any civil monetary
                penalties or other fines or fees under title 49, United
                States Code.
                    (C) Whether the FMOC applying, or any entity
                controlling more than 10 percent of that FMOC, is
                subject to the Do Not Pay Initiative established under
                section 3354 of title 31, United States Code, as of the
                date of the application.
                    (D) Whether the FMOC applying, or any entity
                controlling more than 10 percent of that FMOC, is
                listed in the Military End User List of the Department
                of Commerce as of the date of the application.
                    (E) Whether the FMOC applying, or any entity
                controlling more than 10 percent of that FMOC, is
                identified by the Department of Defense as an entity
                listed under section 1237 of the Strom Thurmond
                National Defense Authorization Act for Fiscal Year 1999
                (50 U.S.C. 1701 note; Public Law 105-261) as of the
                date of application.
                    (F) Whether the FMOC applying, or any entity
                controlling more than 10 percent of that FMOC, has been
                found guilty of a criminal penalty or assessed a civil
                penalty under section 1760 of division A of the John S.
                McCain National Defense Authorization Act for Fiscal
                Year 2019 (50 U.S.C. 4819).
                    (G) Whether the FMOC applying, or any entity
                controlling more than 10 percent of that FMOC, is
                subject to a final antidumping or countervailing duty
                order from the Department of Commerce as of the date of
                application.
            (2) Denial of application.--The Secretary may deny under
        section 107.709 of title 49, Code of Federal Regulations (or a
        successor regulation), an application for approval under
        section 107.807 of that title (or a successor regulation) based
        on the responses to the questions required under paragraph (1).
    (f) Foreign Manufacturers Listing Approvals.--Not later than 1 year
after the date of enactment of this Act, and annually thereafter, the
Secretary shall publish and maintain on the website of the Pipeline and
Hazardous Materials Safety Administration a list of approved foreign
manufacturers of cylinders and the duration of those approvals.
    (g) Authorizing Foreign Inspections.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall revise
section 107.807(d) of title 49, Code of Federal Regulations--
            (1) to require that in any case in which the Secretary
        determines there is good cause, an inspection under that
        section shall be carried out annually for such duration as the
        Secretary determines appropriate;
            (2) to specify that a refusal of inspection under that
        section shall result in a loss of the status of in good
        standing;
            (3) to allow the Secretary to request, at the discretion of
        the Secretary--
                    (A) production of test and production records; and
                    (B) random sample testing; and
            (4) to allow for the recovery of all associated costs of
        foreign inspections to include travel, time, and other costs,
        as determined by the Secretary.
                                 <all>