I
119THCONGRESS
1
STSESSION 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
FEBRUARY11, 2025
Mr. B
ALDERSON(for himself, Mr. KRISHNAMOORTHI, and Mr. TAYLOR) intro-
duced the following bill; which was referred to the Committee on Trans-
portation and Infrastructure
A BILL
To require the Secretary of Transportation to promulgate
regulations relating to the approval of foreign manufac-
turers of cylinders, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Compressed Gas Cyl-4
inder Safety and Oversight Improvements Act of 2025’’. 5
SEC. 2. REGULATION OF FOREIGN MANUFACTURERS OF 6
CYLINDERS USED IN TRANSPORTING HAZ-7
ARDOUS MATERIALS. 8
(a) D
EFINITIONS.—In this section: 9
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(1) CYLINDER.—The term ‘‘cylinder’’ means 1
any cylinder specified under any of sections 178.36 2
through 178.68 of title 49, Code of Federal Regula-3
tions (or successor regulations). 4
(2) F
OREIGN MANUFACTURER OF CYLINDERS ; 5
FMOC.—The term ‘‘foreign manufacturer of cyl-6
inders’’ or ‘‘FMOC’’ means an entity that manufac-7
tures cylinders outside of the United States that are 8
intended to be represented, marked, certified, or sold 9
as qualified for use in transporting a hazardous ma-10
terial in commerce in the United States. 11
(3) I
N GOOD STANDING .—The term ‘‘in good 12
standing’’, with respect to an FMOC, means that 13
the FMOC— 14
(A) is approved by the Secretary pursuant 15
to section 107.807 of title 49, Code of Federal 16
Regulations (or a successor regulation); and 17
(B) has demonstrated 3 years of compli-18
ance with— 19
(i) part 107 of title 49, Code of Fed-20
eral Regulations (or successor regulations); 21
and 22
(ii) chapter 51 of title 49, United 23
States Code. 24
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(4) SECRETARY.—The term ‘‘Secretary’’ means 1
the Secretary of Transportation. 2
(b) A
PPROVAL OF FOREIGNMANUFACTURERS OF 3
C
YLINDERS.— 4
(1) I
N GENERAL.—The Secretary shall promul-5
gate regulations to provide that an approval pro-6
vided to an FMOC pursuant to section 107.807 of 7
title 49, Code of Federal Regulations (or a successor 8
regulation), shall be for a period of not longer than 9
1 year, except as provided under paragraph (2). 10
(2) 5-
YEAR APPROVAL.—The Secretary may 11
provide a 5-year approval of an FMOC pursuant to 12
section 107.807 of title 49, Code of Federal Regula-13
tions (or a successor regulation), if the following re-14
quirements are met: 15
(A) The FMOC attests that none of the 16
cylinders made by the FMOC are prohibited 17
from entry to the United States under section 18
307 of the Tariff Act of 1930 (19 U.S.C. 19
1307). 20
(B) The FMOC certifies that— 21
(i) the information provided pursuant 22
to subsection (e) is accurate; and 23
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(ii) the FMOC has a proactive respon-1
sibility to inform the Secretary if any such 2
information materially changes. 3
(C) The Secretary determines that the 4
FMOC is in good standing. 5
(3) F
ACILITY INSPECTIONS.— 6
(A) D
EFINITION OF OBSTRUCTS .—In this 7
paragraph, the term ‘‘obstructs’’ means taking 8
actions that are known, or reasonably should be 9
known, to prevent, hinder, or impede an inspec-10
tion. 11
(B) P
ENALTIES.—The Secretary may sus-12
pend or terminate an approval of an FMOC if 13
the FMOC obstructs or prevents the Secretary 14
from carrying out an inspection under section 15
107.807(c) of title 49, Code of Federal Regula-16
tions (or a successor regulation). 17
(4) I
NTERACTION WITH OTHER STATUTES , 18
AGREEMENTS, REGULATIONS.—Nothing in this sec-19
tion may be construed to prevent the harmonization 20
of cylinder standards otherwise authorized by law. 21
(5) O
THER CAUSE FOR SUSPENSION OR TERMI -22
NATION.—The Secretary may suspend or terminate 23
an approval of an FMOC on determination that the 24
FMOC knowingly or intentionally misrepresented re-25
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sponses to the Secretary required by law, including 1
under subsection (e). 2
(c) R
EEVALUATION BYREQUEST FORRELATEDVIO-3
LATIONS.— 4
(1) I
N GENERAL.—Not later than 1 year after 5
the date of enactment of this Act, the Secretary 6
shall promulgate such regulations as are necessary 7
to establish a process, as determined by the Sec-8
retary, for any interested party to request a reevalu-9
ation of the approval of FMOC cylinders under sec-10
tion 107.807 of title 49, Code of Federal Regula-11
tions (or a successor regulation), to review the accu-12
racy and safety of the actions of the FMOC. 13
(2) P
ETITION FOR REEVALUATION .—The regu-14
lations promulgated under paragraph (1) shall allow 15
an interested party to file a petition if that party 16
has evidence of inaccurate, changed, or fraudulent 17
attestations or responses made by an FMOC to the 18
Secretary under subsection (e). 19
(d) N
OTICE ANDCOMMENT FOR APPLICATIONS BY 20
F
OREIGNMANUFACTURERS OF CYLINDERS.—On receipt 21
of an application for approval under section 107.807 of 22
title 49, Code of Federal Regulations (or a successor regu-23
lation), the Secretary shall— 24
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(1) timely publish notification of the application 1
on the website of the Pipeline and Hazardous Mate-2
rials Safety Administration; and 3
(2) provide 30 days for public comment on the 4
application prior to approval. 5
(e) A
DDITIONALQUESTIONSTOENSURESAFETY 6
ANDCOMPLIANCEWITHDOTPROCESSES.— 7
(1) A
DDITIONAL QUESTIONS .—The Secretary 8
shall require, as part of an application for approval 9
pursuant to section 107.807 of title 49, Code of 10
Federal Regulations (or a successor regulation), that 11
the applicant answer the following questions: 12
(A) Whether the FMOC applying, or any 13
entity controlling more than 10 percent of that 14
FMOC, has ever been subject to a civil mone-15
tary penalty under title 49, United States Code, 16
relating to any actions carried out as an ap-17
proved FMOC or during the application for ap-18
proval under that section. 19
(B) Whether the FMOC applying, or any 20
entity controlling more than 10 percent of that 21
FMOC, has been delinquent in the payment of 22
any civil monetary penalties or other fines or 23
fees under title 49, United States Code. 24
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(C) Whether the FMOC applying, or any 1
entity controlling more than 10 percent of that 2
FMOC, is subject to the Do Not Pay Initiative 3
established under section 3354 of title 31, 4
United States Code, as of the date of the appli-5
cation. 6
(D) Whether the FMOC applying, or any 7
entity controlling more than 10 percent of that 8
FMOC, is listed in the Military End User List 9
of the Department of Commerce as of the date 10
of the application. 11
(E) Whether the FMOC applying, or any 12
entity controlling more than 10 percent of that 13
FMOC, is identified by the Department of De-14
fense as an entity listed under section 1237 of 15
the Strom Thurmond National Defense Author-16
ization Act for Fiscal Year 1999 (50 U.S.C. 17
1701 note; Public Law 105–261) as of the date 18
of application. 19
(F) Whether the FMOC applying, or any 20
entity controlling more than 10 percent of that 21
FMOC, has been found guilty of a criminal 22
penalty or assessed a civil penalty under section 23
1760 of division A of the John S. McCain Na-24
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tional Defense Authorization Act for Fiscal 1
Year 2019 (50 U.S.C. 4819). 2
(G) Whether the FMOC applying, or any 3
entity controlling more than 10 percent of that 4
FMOC, is subject to a final antidumping or 5
countervailing duty order from the Department 6
of Commerce as of the date of application. 7
(2) D
ENIAL OF APPLICATION .—The Secretary 8
may deny under section 107.709 of title 49, Code of 9
Federal Regulations (or a successor regulation), an 10
application for approval under section 107.807 of 11
that title (or a successor regulation) based on the re-12
sponses to the questions required under paragraph 13
(1). 14
(f) F
OREIGNMANUFACTURERS LISTINGAPPROV-15
ALS.—Not later than 1 year after the date of enactment 16
of this Act, and annually thereafter, the Secretary shall 17
publish and maintain on the website of the Pipeline and 18
Hazardous Materials Safety Administration a list of ap-19
proved foreign manufacturers of cylinders and the dura-20
tion of those approvals. 21
(g) A
UTHORIZING FOREIGNINSPECTIONS.—Not 22
later than 18 months after the date of enactment of this 23
Act, the Secretary shall revise section 107.807(d) of title 24
49, Code of Federal Regulations— 25
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(1) to require that in any case in which the 1
Secretary determines there is good cause, an inspec-2
tion under that section shall be carried out annually 3
for such duration as the Secretary determines appro-4
priate; 5
(2) to specify that a refusal of inspection under 6
that section shall result in a loss of the status of in 7
good standing; 8
(3) to allow the Secretary to request, at the dis-9
cretion of the Secretary— 10
(A) production of test and production 11
records; and 12
(B) random sample testing; and 13
(4) to allow for the recovery of all associated 14
costs of foreign inspections to include travel, time, 15
and other costs, as determined by the Secretary. 16
Æ
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