II 117th CONGRESS 2d Session S. 5237 IN THE SENATE OF THE UNITED STATES December 12, 2022 Mr. Portman (for himself, Ms. Baldwin , Mr. Hagerty , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to promulgate regulations relating to the approval of foreign manufacturers of cylinders, and for other purposes.

1. Short title This Act may be cited as the Compressed Gas Cylinder Safety and Oversight Improvements Act of 2022 . 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 180 days 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 Department of Transportation a list of approved foreign manufacturers of cylinders and the duration of those approvals. (g) Authorizing foreign inspections Not later than 180 days 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.