[Congressional Record Volume 171, Number 98 (Monday, June 9, 2025)]
[House]
[Pages H2552-H2554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMPRESSED GAS CYLINDER SAFETY AND OVERSIGHT IMPROVEMENTS ACT OF 2025
Mr. EZELL. Mr. Speaker, I move to suspend the rules and pass the bill
(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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1182
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page H2553]]
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 1 year 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 Pipeline and Hazardous Materials Safety
Administration a list of approved foreign manufacturers of
cylinders and the duration of those approvals.
(g) Authorizing Foreign Inspections.--Not later than 18
months 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Mississippi (Mr. Ezell) and the gentleman from Washington (Mr. Larsen)
each will control 20 minutes.
The Chair recognizes the gentleman from Mississippi.
General Leave
Mr. EZELL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material in the Record on H.R. 1182.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Mississippi?
There was no objection.
Mr. EZELL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, in recent years, foreign-produced gas cylinders from
countries like China have entered the United States market despite
failing to meet Department of Transportation safety standards and
specifications.
In addition to threatening public safety, these dangerous imported
cylinders take market share from the gas cylinder manufacturers in the
United States.
H.R. 1182 is bipartisan legislation that will improve safety while
also providing a level playing field for American cylinder
manufacturers. Importantly, this legislation will apply the same safety
standards to foreign-produced cylinders as those manufactured in the
United States.
Finally, the bill will increase the capacity of PHMSA to conduct
foreign inspections without cost to the United States taxpayers by
allowing for more adequate cost recovery from applicants.
Mr. Speaker, I urge my colleagues to support this bipartisan bill,
and I reserve the balance of my time.
[[Page H2554]]
Mr. LARSEN of Washington. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise in support of H.R. 1182, the Compressed Gas
Cylinder Safety and Oversight Improvements Act.
The bill requires the Secretary of Transportation to advance a
rulemaking to make the standards for foreign manufacturers of
compressed gas cylinders sold in the U.S. the same as standards for the
domestic makers of these same cylinders.
Compressed gas cylinders are used every day in life for medical,
auto, defense, oil and gas, residential, firefighting, and other
purposes.
In January, the Pipeline and Hazardous Materials Safety
Administration issued a safety advisory notice regarding unsafe
cylinders being sold online to consumers, shippers, and heating,
ventilation, and air-conditioning folks. These were not manufactured to
American or even United Nations standards and lacked certification
markings.
Using these unsafe compressed gas cylinders could cause significant
damage to property, physical injury, or even death. PHMSA determined
that the unmarked empty cylinders being sold in the United States on
major commercial websites are primarily manufactured by non-U.S.
companies. This bill requires a consistent standard for both domestic
and foreign manufacturers of compressed gas cylinders.
Mr. Speaker, I support this bipartisan bill and urge my colleagues to
do the same. I reserve the balance of my time.
Mr. EZELL. Mr. Speaker, I yield 5 minutes to the gentleman from Ohio
(Mr. Balderson).
Mr. BALDERSON. Mr. Speaker, I rise today in support of my bill, the
Compressed Gas Cylinder Safety and Oversight Improvements Act.
Mr. Speaker, for far too long, manufacturers in Ohio and across the
Nation have had to compete on an unfair playing field. This bill
restores fairness for American producers by cracking down on the import
of counterfeit and dangerous gas cylinders into the United States.
My bill also holds foreign manufacturers to the same safety and
inspection standards that domestic manufacturers are already required
to meet.
Simply put, there is no reason that the United States Government
should make it easier to manufacture these critical products abroad
than it is to produce them here at home.
To be sold in interstate commerce, the Department of Transportation
requires compressed gas cylinders to be manufactured to specific
standards and properly stamped. Currently, the Department of
Transportation's Pipeline and Hazardous Materials Safety
Administration, or PHMSA, inspects facilities in the United States at
least once per year to ensure compliance with safety requirements.
However, for cylinders manufactured in foreign countries and then sold
and imported into the United States, PHMSA only inspects those
facilities once every 5 years.
Over time, certain foreign producers have deliberately evaded safety
and regulatory standards to gain a competitive advantage over domestic
producers, potentially jeopardizing public safety in the process.
This bill ensures that PHMSA has the necessary tools to conduct more
frequent inspections at foreign manufacturing facilities and to hold
bad actors accountable.
I thank my friend, the chairman of the Transportation and
Infrastructure Committee, for his support in moving this bill forward.
I also thank my colleague from Illinois (Mr. Krishnamoorthi), my co-
lead on this legislation, for his partnership and commitment to
advancing this important legislation.
Mr. LARSEN of Washington. Mr. Speaker, I will close by saying that I
support the Compressed Gas Cylinder Safety and Oversight Improvements
Act. I encourage my colleagues to do the same, and I yield back the
balance of my time.
Mr. EZELL. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, H.R. 1182 will better protect the public from the
dangers of poorly manufactured and mislabeled compressed gas cylinders.
This legislation will also better ensure fair competition for
American manufacturers and workers.
Further, H.R. 1182 improves transparency by requiring all
applications to be subject to public review and input. It ensures that
the United States regulators have access to any and all pertinent
information regarding applicants.
Mr. Speaker, I thank my colleague from Ohio (Mr. Balderson) for
leading this important bipartisan effort.
Mr. Speaker, I urge support of this bill, and I yield back the
balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Mississippi (Mr. Ezell) that the House suspend the rules
and pass the bill, H.R. 1182.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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