I 
117TH CONGRESS 
1ST SESSION H. R. 2559 
To require the Secretary of Transportation to issue regulations relating to 
the authorization of foreign manufacturers of cylinders, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 15, 2021 
Mr. BALDERSON introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To require the Secretary of Transportation to issue regula-
tions relating to the authorization of foreign manufactur-
ers of cylinders, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Compressed Gas Cyl-
inder Safety and Oversight Improvements Act of 2021’’. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) FOREIGN MANUFACTURER OF CYLINDERS; 
FMOC.—The terms ‘‘foreign manufacturer of cyl-
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inders’’ and ‘‘FMOC’’ mean an entity that manufac-
tures cylinders outside of the United States intended 
to be represented, marked, certified, or sold as quali-
fied for use in transporting hazardous material in 
commerce in the United States. 
(2) IN GOOD STANDING.—The term ‘‘in good 
standing’’ means an FMOC that— 
(A) is has been authorized by the Sec-
retary pursuant to section 107.807 of title 49, 
Code of Federal Regulations; and 
(B) has demonstrated 3 years of compli-
ance with section 107 of title 49, United States 
Code, and chapter 51 of title 49, United States 
Code. 
(3) CYLINDER.—The term ‘‘cylinder’’ means 
any cylinder specified under sections 178.36 through 
178.68 of title 49, Code of Federal Regulations. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 3. AUTHORIZATION OF FOREIGN MANUFACTURER OF 
CYLINDERS. 
(a) IN GENERAL.—The Secretary shall issue regula-
tions to provide that an authorization provided to an 
FMOC pursuant to section 107.807 of title 49, Code of 
Federal Regulations, or any similar successor regulation, 
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shall be for a period of not longer than 1 year, except 
as provided for in subsection (b). 
(b) 5-YEAR AUTHORIZATION.—The Secretary may 
approve a 5-year authorization of an FMOC pursuant to 
such section if the following requirements are met: 
(1) The FMOC attests that none of the cyl-
inders made by such manufacturer are prohibited 
from entry to the United States under section 307 
of the Tariff Act of 1930 (19 U.S.C. 1307). 
(2) The FMOC certifies that— 
(A) the information provided pursuant to 
section 7 is accurate; and 
(B) the FMOC has a proactive responsi-
bility to inform the Secretary if any such infor-
mation materially changes. 
(3) The FMOC provides proof of the minimum 
financial responsibility required under section 4. 
(4) The Secretary determines the FMOC is in 
good standing. 
(c) FACILITY INSPECTIONS.— 
(1) PENALTIES.—The Secretary may suspend 
or terminate an authorization of an FMOC de-
scribed in this Act if such FMOC obstructs or pre-
vents the Secretary from carrying out an inspection 
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under section 107.807(c) of title 49, Code of Federal 
Regulations. 
(2) DEFINITION OF OBSTRUCTS.—For the pur-
poses of this subsection, the term ‘‘obstructs’’ means 
taking actions that are known, or reasonably should 
be known, to prevent, hinder, or impede an inspec-
tion. 
(d) INTERACTION WITH OTHER STATUTES, AGREE-
MENTS, REGULATIONS.—Nothing in this section may be 
construed to prevent the harmonization of cylinder stand-
ards otherwise authorized by law or regulation. 
(e) OTHER CAUSE
FOR SUSPENSION
OR TERMI-
NATION.—The Secretary may suspend or terminate an au-
thorization of an FMOC described in this Act upon deter-
mination that the FMOC knowingly or intentionally mis-
represented responses to the Secretary required by law or 
regulation or the requirements of sections 4 and 7. 
SEC. 4. PROOF OF MINIMUM FINANCIAL RESPONSIBILITY 
REQUIRED AT TIME OF APPLICATION. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall issue such regulations as 
are necessary to establish minimum levels of financial re-
sponsibility required for entities to receive approval pursu-
ant to section 107.807 of title 49, Code of Federal Regula-
tions. 
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