,,ii  #aagth ,,congress  #b;d ,session  
,s4 #ebcg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #ab1 
#bjbb,mr4 ,portman 7for himself1 ,ms4   
,baldwin1 ,mr4 ,hagerty1 and ,mr4       
,durbin7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,commerce1 ,science1 and 
,transportation  ,a ,,bill  ,to require 
the ,secretary of ,transportation to    
promulgate regulations relating to the  
approval of foreign manufacturers of    
cylinders1 and for other purposes4  #a4 
,short title ,this ,act may be cited as 
the ,compressed ,gas ,cylinder ,safety  
and ,oversight ,improvements ,act of    
#bjbb4  #b4 ,regulation of foreign      
manufacturers of cylinders used in      
transporting hazardous materials  7a7   
,definitions ,in this section3 7#a7     
,cylinder ,the term cylinder means any  
cylinder specified under any of sections
 #agh4cf through #agh4fh of title #di1  
,code of ,federal ,regulations 7or      
successor regulations74  7#b7 ,foreign  

manufacturer of cylinders2 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 
represented1 marked1 certified1 or sold 
as qualified for use in transporting a  
hazardous material in commerce in the   
,united ,states4  7#c7 ,in good standing
 ,the term in good standing1 with       
respect to an ,,fmoc1 means that the    
,,fmoc-- 7,a7 is approved by the        
,secretary pursuant to section #ajg4hjg 
of title #di1 ,code of ,federal         
,regulations 7or a successor            
regulation72 and  7,b7 has demonstrated 
#c years of compliance with-- 7i7 part  
#ajg of title #di1 ,code of ,federal    
,regulations 7or successor regulations72
 and  7ii7 chapter #ea of title #di1    
,united ,states ,code4  7#d7 ,secretary 
,the term ,secretary means the          
,secretary of ,transportation4  7b7     
,approval of foreign manufacturers of   
cylinders  7#a7 ,in general ,the        

,secretary shall promulgate regulations 
to provide that an approval provided to 
an ,,fmoc pursuant to section #ajg4hjg  
of title #di1 ,code of ,federal         
,regulations 7or a successor            
regulation71 shall be for a period of   
not longer than #a year1 except as      
provided under paragraph 7#b74  7#b7    
#e-year approval ,the ,secretary may    
provide a #e-year approval of an ,,fmoc 
pursuant to section #ajg4hjg of title   
#di1 ,code of ,federal ,regulations 7or 
a successor regulation71 if the         
following requirements are met3 7,a7    
,the ,,fmoc attests that none of the    
cylinders made by the ,,fmoc are        
prohibited from entry to the ,united    
,states under section #cjg of the       
,tariff ,act of #aicj 7#ai ,u4,s4,c4    
#acjg74  7,b7 ,the ,,fmoc certifies     
that-- 7i7 the information provided     
pursuant to subsection 7e7 is accurate2 
and  7ii7 the ,,fmoc has a proactive    
responsibility to inform the ,secretary 
if any such information materially      

changes4  7,c7 ,the ,secretary          
determines that the ,,fmoc is in good   
standing4  7#c7 ,facility inspections   
7,a7 ,definition of obstructs ,in this  
paragraph1 the term obstructs means     
taking actions that are known1 or       
reasonably should be known1 to prevent1 
hinder1 or impede an inspection4  7,b7  
,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 #ajg4hjg7;c7 of
 title #di1 ,code of ,federal           
,regulations 7or a successor            
regulation74  7#d7 ,interaction with    
other statutes1 agreements1 regulations 
,nothing in this section may be         
construed to prevent the harmonization  
of cylinder standards otherwise         
authorized by law4  7#e7 ,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 law1      
including under subsection 7e74  7c7    
,reevaluation by request for related    
violations  7#a7 ,in general ,not later 
than #ahj days after the date of        
enactment of this ,act1 the ,secretary  
shall promulgate such regulations as are
 necessary to establish a process1 as   
determined by the ,secretary1 for any   
interested party to request a           
reevaluation of the approval of ,,fmoc  
cylinders under section #ajg4hjg of     
title #di1 ,code of ,federal            
,regulations 7or a successor            
regulation71 to review the accuracy and 
safety of the actions of the ,,fmoc4    
7#b7 ,petition for reevaluation ,the    
regulations promulgated under paragraph 
7#a7 shall allow an interested party to 
file a petition if that party has       
evidence of inaccurate1 changed1 or     
fraudulent attestations or responses    
made by an ,,fmoc to the ,secretary     
under subsection 7e74  7d7 ,notice and  

comment for applications by foreign     
manufacturers of cylinders ,on receipt  
of an application for approval under    
section #ajg4hjg of title #di1 ,code of 
,federal ,regulations 7or a successor   
regulation71 the ,secretary shall-- 7#a7
 timely publish notification of the     
application on the website of the       
,pipeline and ,hazardous ,materials     
,safety ,administration2 and  7#b7      
provide #cj days for public comment on  
the application prior to approval4  7e7 
,additional questions ,to ensure safety 
and compliance with ,,dot processes     
7#a7 ,additional questions ,the         
,secretary shall require1 as part of an 
application for approval pursuant to    
section #ajg4hjg of title #di1 ,code of 
,federal ,regulations 7or a successor   
regulation71 that the applicant answer  
the following questions3 7,a7 ,whether  
the ,,fmoc applying1 or any entity      
controlling more than #aj percent of    
that ,,fmoc1 has ever been subject to a 
civil monetary penalty under title #di1 

,united ,states ,code1 relating to any  
actions carried out as an approved      
,,fmoc or during the application for    
approval under that section4  7,b7      
,whether the ,,fmoc applying1 or any    
entity controlling more than #aj percent
 of that ,,fmoc1 has been delinquent in 
the payment of any civil monetary       
penalties or other fines or fees under  
title #di1 ,united ,states ,code4  7,c7 
,whether the ,,fmoc applying1 or any    
entity controlling more than #aj percent
 of that ,,fmoc1 is subject to the ,do  
,not ,pay ,initiative established under 
section #cced of title #ca1 ,united     
,states ,code1 as of the date of the    
application4  7,d7 ,whether the ,,fmoc  
applying1 or any entity controlling more
 than #aj percent of that ,,fmoc1 is    
listed in the ,military ,end ,user ,list
 of the ,department of ,commerce as of  
the date of the application4  7,e7      
,whether the ,,fmoc applying1 or any    
entity controlling more than #aj percent
 of that ,,fmoc1 is identified by the   

,department of ,defense as an entity    
listed under section #abcg of the ,strom
 ,thurmond ,national ,defense           
,authorization ,act for ,fiscal ,year   
#aiii 7#ej ,u4,s4,c4 #agja note2 ,public
 ,law #aje-bfa7 as of the date of       
application4  7,f7 ,whether the ,,fmoc  
applying1 or any entity controlling more
 than #aj percent of that ,,fmoc1 has   
been found guilty of a criminal penalty 
or assessed a civil penalty under       
section #agfj of division ,a of the     
,john ,s4 ,mc,cain ,national ,defense   
,authorization ,act for ,fiscal ,year   
#bjai 7#ej ,u4,s4,c4 #dhai74  7,g7      
,whether the ,,fmoc applying1 or any    
entity controlling more than #aj percent
 of that ,,fmoc1 is subject to a final  
antidumping or countervailing duty order
 from the ,department of ,commerce as of
 the date of application4  7#b7 ,denial 
of application ,the ,secretary may deny 
under section #ajg4gji of title #di1    
,code of ,federal ,regulations 7or a    
successor regulation71 an application   

for approval under section #ajg4hjg of  
that title 7or a successor regulation7  
based on the responses to the questions 
required under paragraph 7#a74  7f7     
,foreign manufacturers listing approvals
 ,not later than #a year after the date 
of enactment of this ,act1 and annually 
thereafter1 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     
approvals4  7g7 ,authorizing foreign    
inspections ,not later than #ahj days   
after the date of enactment of this     
,act1 the ,secretary shall revise       
section #ajg4hjg7;d7 of title #di1 ,code
 of ,federal ,regulations-- 7#a7 to     
require that in any case in which the   
,secretary determines there is good     
cause1 an inspection under that section 
shall be carried out annually for such  
duration as the ,secretary determines   
appropriate2  7#b7 to specify that a    
refusal of inspection under that section

 shall result in a loss of the status of
 in good standing2  7#c7 to allow the   
,secretary to request1 at the discretion
 of the ,secretary-- 7,a7 production of 
test and production records2 and  7,b7  
random sample testing2 and  7#d7 to     
allow for the recovery of all associated
 costs of foreign inspections to include
 travel1 time1 and other costs1 as      
determined by the ,secretary4