SEC. 5. REEVALUATION BY REQUEST FOR RELATED VIOLA-
TIONS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall issue 
such regulations as necessary to establish a process for 
any interested party to request a reevaluation of the au-
thorization of FMOC cylinders under section 107.807 of 
title 49, Code of Federal Regulations, to review the accu-
racy and safety of the actions of such manufacturer. 
(b) PETITION FOR REEVALUATION.—Such regula-
tions shall allow an interested party to file a petition if 
such party has evidence of inaccurate, changed, or fraudu-
lent attestations or responses made by an FMOC to the 
Secretary under section 3 or 7. 
SEC. 6. NOTICE AND COMMENT FOR APPLICATIONS BY 
FOREIGN MANUFACTURERS OF CYLINDERS. 
Upon receipt of an application for approval under 
section 107.807 of title 49, Code of Federal Regulations, 
or any similar successor regulation, the Secretary shall 
timely publish notification of such application in the Fed-
eral Register and provide 30 days for public comment on 
such application prior to approval. 
SEC. 7. ADDITIONAL QUESTIONS TO ENSURE SAFETY AND 
COMPLIANCE WITH DOT PROCESS. 
(a) ADDITIONAL QUESTIONS.—The Secretary shall 
require as part of an application for approval pursuant 
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to section 107.807 of title 49, Code of Federal Regula-
tions, or any similar successor regulation, that the appli-
cant answer the following questions: 
(1) Whether the FMOC applying, or any entity 
controlling more than 10 percent of such FMOC, 
has ever been subject to a civil monetary penalty 
under title 49, United States Code, relating to any 
actions carried out as an authorized FMOC or dur-
ing the application for authorization under such sec-
tion. 
(2) Whether the FMOC applying, or any entity 
controlling more than 10 percent of such FMOC, 
has been delinquent in the payment of any civil mon-
etary penalties or other fines or fees under title 49, 
United States Code. 
(3) Whether the FMOC applying, or any entity 
controlling more than 10 percent of such FMOC, is 
subject to the Do Not Pay Initiative established 
under section 3354 of title 31, United States Code, 
as of the date of application. 
(4) Whether the FMOC applying, or any entity 
controlling more than 10 percent of such FMOC, is 
listed in the Military End User List of the Depart-
ment of Commerce as of the date of application. 
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(5) Whether the FMOC applying, or any entity 
controlling more than 10 percent of such 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) as of the date of appli-
cation. 
(6) Does the FMOC applying certify that the 
FMOC has the requisite minimum financial respon-
sibility as required in section 4, and that such finan-
cial responsibility will continue throughout entirety 
of the requested authorization period. 
(7) Whether the FMOC applying, or any entity 
controlling more than 10 percent of such FMOC, 
has been found guilty of a criminal penalty or as-
sessed a civil penalty under section 1760 John S. 
McCain National Defense Authorization Act for Fis-
cal Year 2019 section (50 U.S.C. 4819). 
(8) Whether the FMOC applying, or any entity 
controlling more than 10 percent of such FMOC, is 
currently subject to a final antidumping or counter-
vailing duty order from the Department of Com-
merce as of the date of application. 
(b) DENIAL OF APPLICATION.—The Secretary may 
deny an application for approval under section 107.807 
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of title 49, Code of Federal Regulations, based on the re-
sponses to the questions required under subsection (a). 
SEC. 8. FOREIGN MANUFACTURERS LISTING APPROVALS. 
Not less than 1 year after the date of enactment of 
this Act, and annually thereafter, the Secretary shall pub-
lish and maintain on the website of the Department of 
Transportation, a list of authorized FMOCs and the dura-
tion of such authorization. 
SEC. 9. AUTHORIZING FOREIGN INSPECTIONS. 
Not less than 180 days after the date of enactment 
of this Act, the Secretary shall update section 107.807(d) 
of title 49, Code of Federal Regulations, to— 
(1) require that in any case in which the Asso-
ciate Administrator determines there is good cause, 
an inspection under such section shall be carried out 
annually for such duration as the Associated Admin-
istrator determines appropriate; 
(2) specify that a refusal of inspection under 
such section shall result in a loss of a status of in 
good standing; 
(3) allow the Associate Administrator to request 
at the discretion of the Administrator, production of 
test and production records and random sample test-
ing; and 
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(4) allow for the recovery of all associated costs 
of foreign inspections to include travel, time, and 
other costs, as determined by the Secretary. 
Æ 
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