S.Amdt. 2037

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.
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