[Congressional Record Volume 167, Number 92 (Wednesday, May 26, 2021)]
[Senate]
[Pages S3513-S3514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2037. Mr. PORTMAN (for himself and Ms. Baldwin) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Schumer to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the appropriate place in title V of division B, insert 
     the following:

     SEC. 25__. 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 (f) is 
     accurate; and
       (ii) the FMOC has a proactive responsibility to inform the 
     Secretary if any such information materially changes.
       (C) The FMOC provides proof of the minimum financial 
     responsibility required under subsection (c).
       (D) The Secretary determines that the FMOC is in good 
     standing.
       (3) Facility inspections.--
       (A) Definition of obstructs.--In this subsection, 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 (including regulations).
       (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 regulations), including subsections (c) and (f).

[[Page S3514]]

       (c) 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 promulgate 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 (or a successor regulation).
       (d) 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 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 (b), (c), or (f).
       (e) 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 
     timely publish notification of the application in the Federal 
     Register and provide 30 days for public comment on the 
     application prior to approval.
       (f) 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 division A 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) Does the FMOC applying certify that--
       (i) the FMOC has the requisite minimum financial 
     responsibility as required under subsection (c); and
       (ii) the financial responsibility will continue throughout 
     entirety of the requested approval period.
       (G) 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).
       (H) 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 an 
     application for approval under section 107.709 of title 49, 
     Code of Federal Regulations (or a successor regulation), 
     based on the responses to the questions required under 
     paragraph (1).
       (g) 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.
       (h) 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 Associate 
     Administrator for Hazardous Materials Safety determines there 
     is good cause, an inspection under that section shall be 
     carried out annually for such duration as the Associate 
     Administrator for Hazardous Materials Safety 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 Associate Administrator for Hazardous 
     Materials Safety to request, at the discretion of the 
     Associate Administrator for Hazardous Materials Safety--
       (A) production of test and production records; and
       (B) 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.
                                 ______