S. 2320

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2320 Introduced in Senate (IS)]

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119th CONGRESS
1st Session
S. 2320

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

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 17, 2025

Mr. Moreno (for himself and Ms. Baldwin) 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.

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 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(c) 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.
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