Compressed Gas Cylinder Safety and Oversight Improvements Act of 2021
Bill: H.R.2559 | Sponsor: Rep. Balderson, Troy (R-OH)
Policy area: Transportation and Public Works

Summary:
Compressed Gas Cylinder Safety and Oversight Improvements Act of 2021
This bill expands requirements for foreign manufacturers of cylinders used for transporting hazardous materials in the United States (e.g., compressed gas cylinders).
Current regulations require foreign manufacturers to apply for authorization from the Pipeline and Hazardous Materials Safety Administration for testing such cylinders outside of the United States.
This bill requires that, to obtain an authorization, manufacturers must meet minimum levels of financial responsibility and answer in their applications specified questions, including whether the manufacturer is or has been subject to various civil or criminal penalties.
The administration must publish each application in the Federal Register for public comment and must also annually publish a list of authorized manufacturers online.
The bill limits an authorization to one year; however, the administration may extend an authorization for five years if the manufacturer (1) complies with applicable requirements for at least three years; and (2) meets conditions regarding the accuracy of its application, sufficiency of its financial responsibility, and other matters.
The administration may suspend or terminate an authorization if a manufacturer impedes an inspection or knowingly or intentionally provides inaccurate application information.
The administration must also establish a process whereby an interested party may petition for a reevaluation of an authorization if that party has evidence of inaccurate or fraudulent information in the manufacturer's application.

To require the Secretary of Transportation to issue regulations 
 relating to the authorization 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 2021''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Foreign manufacturer of cylinders; fmoc.--The terms 
        ``foreign manufacturer of cylinders'' and ``FMOC'' mean an 
        entity that manufactures cylinders outside of the United States 
        intended to be represented, marked, certified, or sold as 
        qualified 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 Secretary 
                pursuant to section 107.807 of title 49, Code of 
                Federal Regulations; and
                    (B) has demonstrated 3 years of compliance 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 regulations 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, 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 cylinders 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 responsibility to 
                inform the Secretary if any such information 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 described in this Act if such FMOC 
        obstructs or prevents the Secretary from carrying out an 
        inspection under section 107.807(c) of title 49, Code of 
        Federal Regulations.
            (2) Definition of obstructs.--For the purposes of this 
        subsection, the term ``obstructs'' means taking actions that 
        are known, or reasonably should be known, to prevent, hinder, 
        or impede an inspection.
    (d) Interaction With Other Statutes, Agreements, Regulations.--
Nothing in this section may be construed to prevent the harmonization 
of cylinder standards otherwise authorized by law or regulation.
    (e) Other Cause for Suspension or Termination.--The Secretary may 
suspend or terminate an authorization of an FMOC described in this Act 
upon determination that the FMOC knowingly or intentionally 
misrepresented 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 responsibility required for 
entities to receive approval pursuant to section 107.807 of title 49, 
Code of Federal Regulations.

SEC. 5. REEVALUATION BY REQUEST FOR RELATED VIOLATIONS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall issue such regulations as 
necessary to establish a process for any interested party to request a 
reevaluation of the authorization of FMOC cylinders under section 
107.807 of title 49, Code of Federal Regulations, to review the 
accuracy and safety of the actions of such manufacturer.
    (b) Petition for Reevaluation.--Such regulations shall allow an 
interested party to file a petition if such party has evidence of 
inaccurate, changed, or fraudulent attestations or responses made by an 
FMOC to the Secretary under section 3 or 7.

SEC. 6. NOTICE AND COMMENT FOR APPLICATIONS BY FOREIGN MANUFACTURERS OF 
              CYLINDERS.

    Upon receipt of an application for approval under section 107.807 
of title 49, Code of Federal Regulations, or any similar successor 
regulation, the Secretary shall timely publish notification of such 
application in the Federal Register and provide 30 days for public 
comment on such application prior to approval.

SEC. 7. ADDITIONAL QUESTIONS TO ENSURE SAFETY AND COMPLIANCE WITH DOT 
              PROCESS.

    (a) 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 any similar successor regulation, that 
the applicant answer the following questions:
            (1) Whether the FMOC applying, or any entity controlling 
        more than 10 percent of such FMOC, has ever been subject to a 
        civil monetary penalty under title 49, United States Code, 
        relating to any actions carried out as an authorized FMOC or 
        during the application for authorization under such section.
            (2) Whether the FMOC applying, or any entity controlling 
        more than 10 percent of such FMOC, has been delinquent in the 
        payment of any civil monetary penalties or other fines or fees 
        under title 49, United States Code.
            (3) Whether the FMOC applying, or any entity controlling 
        more than 10 percent of such FMOC, is subject to the Do Not Pay 
        Initiative established under section 3354 of title 31, United 
        States Code, as of the date of application.
            (4) Whether the FMOC applying, or any entity controlling 
        more than 10 percent of such FMOC, is listed in the Military 
        End User List of the Department of Commerce as of the date of 
        application.
            (5) Whether the FMOC applying, or any entity controlling 
        more than 10 percent of such 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) as of the date of 
        application.
            (6) Does the FMOC applying certify that the FMOC has the 
        requisite minimum financial responsibility as required in 
        section 4, and that such financial responsibility will continue 
        throughout entirety of the requested authorization period.
            (7) Whether the FMOC applying, or any entity controlling 
        more than 10 percent of such FMOC, has been found guilty of a 
        criminal penalty or assessed a civil penalty under section 1760 
        John S. McCain National Defense Authorization Act for Fiscal 
        Year 2019 section (50 U.S.C. 4819).
            (8) Whether the FMOC applying, or any entity controlling 
        more than 10 percent of such FMOC, is currently subject to a 
        final antidumping or countervailing duty order from the 
        Department of Commerce as of the date of application.
    (b) Denial of Application.--The Secretary may deny an application 
for approval under section 107.807 of title 49, Code of Federal 
Regulations, based on the responses to the questions required under 
subsection (a).

SEC. 8. FOREIGN MANUFACTURERS LISTING APPROVALS.

    Not less 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 Department of Transportation, a list of authorized FMOCs 
and the duration of such authorization.

SEC. 9. AUTHORIZING FOREIGN INSPECTIONS.

    Not less than 180 days after the date of enactment of this Act, the 
Secretary shall update section 107.807(d) of title 49, Code of Federal 
Regulations, to--
            (1) require that in any case in which the Associate 
        Administrator determines there is good cause, an inspection 
        under such section shall be carried out annually for such 
        duration as the Associated Administrator determines 
        appropriate;
            (2) specify that a refusal of inspection under such section 
        shall result in a loss of a status of in good standing;
            (3) allow the Associate Administrator to request at the 
        discretion of the Administrator, production of test and 
        production records and random sample testing; and
            (4) allow for the recovery of all associated costs of 
        foreign inspections to include travel, time, and other costs, 
        as determined by the Secretary.
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