[House Report 119-141]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-141
======================================================================
COMPRESSED GAS CYLINDER SAFETY AND OVERSIGHT IMPROVEMENTS ACT OF 2025
_______
June 5, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Graves, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1182]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred 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, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings and Recommendations................. 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Duplication of Federal Programs.................................. 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
PURPOSE OF LEGISLATION
The purpose of H.R. 1182 is to require the Secretary of
Transportation to promulgate regulations relating to the
approval of foreign manufacturers of compressed gas cylinders,
and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The United States Department of Transportation's (DOT's)
Pipeline Safety and Hazardous Materials Administration (PHMSA),
through authority delegated to it by the Secretary of
Transportation, is the Federal entity responsible for
regulating the intrastate, interstate, and foreign
transportation of hazardous gasses, including those transported
in compressed gas cylinders (49 U.S.C. Sec. 5103(b)(1)). These
cylinders are required to meet DOT specification or United
Nations (UN) standard and shipped in accordance with the
Hazardous Materials Regulations (HMR) prior to entering
transportation.
In recent years, an influx of foreign manufactured
compressed gas cylinders that may be used to transport
hazardous gasses have been transported in commerce with risk of
significant damage to property, physical injury, or death.
Cylinders that meet Federal specifications or UN standards are
marked to indicate their compliance. Some cylinders sold by
major online retailers have not been manufactured to DOT
specification or UN standard, lack certification markings and
are not designed to contain and safely transport hazardous
materials. While the initial shipment of empty cylinders is not
within PHMSA's purview, once these cylinders are filled and
transported to a United States Environmental Protection Agency-
certified reclaimer, they are in violation of the HMR. Use of
unauthorized cylinders that do not adhere to the regulations
for the safe manufacture, use, and periodic requalification of
cylinders can lead to the release of high pressure hazardous
gases, posing serious health and safety risks. These risks
include fires, explosions, inhalation injuries, and death to
transportation workers, emergency responders, and the general
public. On January 13, 2025, PHMSA issued a Safety Advisory
Notice to warn and provide guidance to the public regarding the
presence of non-DOT specification or UN-standard compressed gas
cylinders and the means to identify such cylinders.
Unfortunately, certain foreign manufacturers of compressed
gas cylinder facilities are inadequately inspected to ensure
they meet or continue to meet DOT specifications or UN
standards. PHMSA does not currently have the capability to
regularly inspect overseas facilities due to the distance and
costs of conducting such inspections.
The bill ensures that foreign manufacturers of compressed
gas cylinders (FMOC) meet DOT specifications. It requires that
initial PHMSA approvals be limited to one year for FMOCs to
demonstrate consistent compliance and then allows for five-year
approval intervals. The legislation strengthens PHMSA's ability
to suspend or terminate an approval if an FMOC, or any entity
controlling more than 10 percent of that FMOC, obstructs
inspections or PHMSA finds the FMOC knowingly or deliberately
misrepresented responses required by law, or fails to meet
safety compliance conditions. The bill also requires that FMOC
approvals be printed in the Federal Register for public comment
and creates a reevaluation process based on evidence of non-
compliance. Finally, the bill allows PHMSA to seek cost
recovery for the travel and associated costs of inspecting
overseas FMOCs.
HEARINGS
For the purposes of rule XIII, clause 3(c)(6)(A) of the
119th Congress, the following hearings were used to develop or
consider H.R. 1182:
In the 119th Congress, no hearings were used to develop or
consider H.R. 1182.
LEGISLATIVE HISTORY AND CONSIDERATION
H.R. 1182, the Compressed Gas Cylinder Safety and Oversight
Improvements Act of 2025 was introduced in the United States
House of Representatives on February 11, 2025 by Mr. Balderson
of Ohio, with Mr. Krishnamoorthi of Illinois and Mr. Taylor of
Ohio as original cosponsors, and Mr. Nehls of Texas and Mr.
Wied of Wisconsin as cosponsors, and referred to the Committee
on Transportation and Infrastructure. Within the Committee on
Transportation and Infrastructure, H.R. 1182 was referred to
the Subcommittee on Railroads, Pipelines, and Hazardous
Materials. The Subcommittee on Railroads, Pipelines, and
Hazardous Materials was discharged from further consideration
of H.R. 1182 on February 26, 2025.
The Committee on Transportation and Infrastructure
considered H.R. 1182 on February 26, 2025, and ordered the
measure to be reported to the House with a favorable
recommendation, without amendment, by voice vote.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
No recorded votes were requested.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 1182 from the
Director of the Congressional Budget Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 1182 would amend the process the Pipeline and
Hazardous Materials Safety Administration (PHMSA) uses to
approve foreign-manufactured cylinders used to transport
certain hazardous materials. In particular, the bill would:
Require PHMSA to approve foreign-
manufactured cylinders every year, except under
conditions specified in the bill (under current law,
such approvals generally last for five years);
Broaden the criteria under which PHMSA could
deny or reevaluate applications from foreign
manufacturers; and
Increase the frequency of inspections at
manufacturing facilities.
Using information from PHMSA, CBO expects that the agency
would need two full-time equivalent employees to carry out the
bill's requirements at an average annual cost of $200,000 per
employee for pay and benefits. On that basis, CBO estimates
that implementing H.R. 1182 would cost $2 million over the
2025-2030 period. Any related spending would be subject to the
availability of appropriated funds.
The CBO staff contact for this estimate is Aaron Krupkin.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation is to
ensure foreign made gas cylinders meet PHSMA hazardous material
safety requirements before entering commerce.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1182 establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 1182 does not
preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section states that this Act may be cited as the
``Compressed Gas Cylinder Safety and Improvements Act of
2025''.
Section 2. Regulation of foreign manufacturers of cylinders used in
transporting hazardous materials
This section defines key terms and directs the Secretary of
Transportation to promulgate regulations to provide procedures
for the approval of foreign manufactures of cylinders (FMOCs)
for one-year for initial approvals and extending to five-years
for FMOCs that can demonstrate consistent compliance. This
section also establishes an approval reevaluation process based
on evidence of FMOC non-compliance. Further this section,
requires a notice and comment period for newly issued approvals
or reapprovals. Additionally, the section requires FMOCs to
disclose whether they or any entity controlling more than 10
percent of the FMOC, has been subject to civil penalties, are
subject to the Do Not Pay Initiative, are listed in the United
States Department of Commerce's Military End User List, are
identified under section 1237 of the Strom Thurmond National
Defense Authorization Act of 1999, are subject to anti-dumping
our countervailing duties as of the date of the application, or
have been found guilty of a criminal penalty. The bill mandates
that PHMSA maintain a website of approved FMOCs, and allows the
Secretary to require annual inspections of FMOCs if the
Secretary finds there is good cause. The bill also allows PHMSA
to recover the costs associated with foreign conducting foreign
inspections.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported by the Committee, H.R. 1182 makes no changes in
existing law.
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