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and any other factor the Administrator de-
termines appropriate. 
‘‘(ii) EFFECTIVENESS.—The Adminis-
trator shall ensure, to the maximum extent 
practicable, that each update or revision to 
the schedule increases the minimum effec-
tiveness value necessary for listing a dis-
persant, other chemical, or other spill miti-
gating device or substance on the schedule. 
‘‘(F) APPROVAL OF USE AND APPLICATION 
OF DISPERSANTS.— 
‘‘(i) IN GENERAL.—In issuing the reg-
ulation under subparagraph (A), the Ad-
ministrator shall require the approval of 
the Federal On-Scene Coordinator, in co-
ordination with the Administrator, for all 
uses of a dispersant, other chemical, or 
other spill mitigating substance in any re-
moval action, including— 
‘‘(I) any such dispersant, chem-
ical, or substance that is included on 
the schedule developed pursuant to 
this subsection; or 
‘‘(II) any dispersant, chemical, or 
other substance that is included as 
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part an approved area contingency 
plan or response plan developed under 
this section. 
‘‘(ii) REPEAL.—Any part of section 
300.910 of title 40, Code of Federal Regu-
lations, that is inconsistent with this para-
graph is hereby repealed. 
‘‘(G) TOXICITY DEFINITION.—In this sec-
tion, the term ‘toxicity’ is used in reference to 
the potential impacts of a dispersant, sub-
stance, or device on water quality or the envi-
ronment. 
‘‘(6) REVIEW OF AND DEVELOPMENT OF CRI-
TERIA FOR EVALUATING RESPONSE PLANS.— 
‘‘(A) REVIEW.—Not later than 6 months 
after the date of enactment of this paragraph, 
the President shall review the procedures and 
standards developed under paragraph (2)(J) to 
determine their sufficiency in ceasing and re-
moving a worst case discharge of oil or haz-
ardous substances, and for mitigating or pre-
venting a substantial threat of such a dis-
charge. 
‘‘(B) RULEMAKING.—Not later than 2 
years after the date of enactment of this para-
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graph, the President, after providing notice and 
an opportunity for public comment, shall issue 
a final rule to— 
‘‘(i) revise the procedures and stand-
ards for ceasing and removing a worst case 
discharge of oil or hazardous substances, 
and for mitigating or preventing a substan-
tial threat of such a discharge; and 
‘‘(ii) develop a metric for evaluating 
the National Contingency Plan, Area Con-
tingency Plans, and tank vessel, nontank 
vessel, and facility response plans con-
sistent with the procedures and standards 
developed pursuant to this paragraph. 
‘‘(7) FEES.— 
‘‘(A) GENERAL AUTHORITY AND FEES.— 
Subject to subparagraph (B), the Administrator 
shall establish a schedule of fees to be collected 
from the manufacturer of a dispersant, chem-
ical, or spill mitigating substance or device to 
offset the costs of the Administrator associated 
with evaluating the use of the dispersant, chem-
ical, substance, or device in accordance with 
this subsection and listing the dispersant, chem-
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ical, substance, or device on the schedule under 
paragraph (2)(G). 
‘‘(B) LIMITATION
ON
COLLECTION.—No 
fee may be collected under this subsection un-
less the expenditure of the fee to pay the costs 
of activities and services for which the fee is im-
posed is provided for in advance in an appro-
priations Act. 
‘‘(C) FEES
CREDITED
AS
OFFSETTING 
COLLECTIONS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
section 3302 of title 31, United States 
Code, any fee authorized to be collected 
under this paragraph shall— 
‘‘(I) be credited as offsetting col-
lections to the account that finances 
the activities and services for which 
the fee is imposed; 
‘‘(II) be available for expenditure 
only to pay the costs of activities and 
services for which the fee is imposed, 
including all costs associated with col-
lecting such fees; and 
‘‘(III) remain available until ex-
pended. 
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‘‘(ii) CONTINUING APPROPRIATIONS.— 
The Administrator may continue to assess, 
collect, and spend fees established under 
this section during any period in which the 
funding for the Environmental Protection 
Agency is provided under an Act providing 
continuing appropriations in lieu of the 
Administration’s regular appropriations. 
‘‘(iii) ADJUSTMENTS.—The Adminis-
trator shall adjust the fees established by 
subparagraph (A) periodically to ensure 
that each of the fees required by subpara-
graph (A) is reasonably related to the Ad-
ministration’s costs, as determined by the 
Administrator, of performing the activity 
for which the fee is imposed.’’. 
(c) TEMPORARY MORATORIUM ON APPROVAL OF USE 
OF DISPERSANTS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Administrator of the Environmental Protection 
Agency may not approve the use of a dispersant 
under section 311(d) of the Oil Pollution Act of 
1990 (33 U.S.C. 1321(d)), and shall withdraw any 
approval of such use made before the date of enact-
ment of this Act, until the date on which the rule-
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making and study required by subparagraphs (A) 
and (D) of section 311(d)(5) of such Act (as added 
by subsection (b) of this section) are complete. 
(2) CONDITIONAL
APPROVAL.—The Adminis-
trator may approve the use of a dispersant under 
section 311(d) of such Act (33 U.S.C. 1321(d)) for 
the period of time before the date on which the rule-
making and study required by subparagraphs (A) 
and (D) of section 311(d)(5) of such Act (as added 
by subsection (b) of this section) are complete if the 
Administrator determines that such use will not 
have a negative impact on water quality, the envi-
ronment, or any other factor the Administrator de-
termines appropriate. 
(3) INFORMATION.—In approving the use of a 
dispersant under paragraph (2), the Administrator 
may require the manufacturer of the dispersant to 
provide such information as the Administrator deter-
mines necessary to satisfy the requirements of that 
paragraph. 
(d) INCLUSION OF CONTAINMENT BOOMS IN AREA 
CONTINGENCY PLANS.—Section 311(j)(4)(C)(iv) of such 
Act (33 U.S.C. 1321(j)(4)(C)(iv)) is amended by striking 
‘‘(including firefighting equipment)’’ and inserting ‘‘(in-
cluding firefighting equipment and containment booms)’’. 
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SEC. 716. TRACKING DATABASE. 
Section 311(b) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(b)) is amended by adding at the 
end the following: 
‘‘(13) TRACKING DATABASE.— 
‘‘(A) IN
GENERAL.—The President shall 
create a database to track all discharges of oil 
or hazardous substances— 
‘‘(i) into the waters of the United 
States, onto adjoining shorelines, or into or 
upon the waters of the contiguous zone; 
‘‘(ii) in connection with activities 
under the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) or the Deep-
water Port Act of 1974 (33 U.S.C. 1501 
et seq.); or 
‘‘(iii) which may affect natural re-
sources belonging to, appertaining to, or 
under the exclusive management authority 
of the United States (including resources 
under the Fishery Conservation and Man-
agement Act of 1976 (16 U.S.C. 1801 et 
seq.)). 
‘‘(B) 
REQUIREMENTS.—The 
database 
shall— 
‘‘(i) include— 
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‘‘(I) the name of the vessel or fa-
cility; 
‘‘(II) the name of the owner, op-
erator, or person in charge of the ves-
sel or facility; 
‘‘(III) the date of the discharge; 
‘‘(IV) the volume of the dis-
charge; 
‘‘(V) the location of the dis-
charge, including an identification of 
any receiving waters that are or could 
be affected by the discharge; 
‘‘(VI) the type, volume, and loca-
tion of the use of any dispersant, 
other chemical, or other spill miti-
gating substance used in any removal 
action; 
‘‘(VII) a record of any deter-
mination of a violation of this section 
or liability under section 1002 of the 
Oil Pollution Act of 1990 (33 U.S.C. 
2702); 
‘‘(VIII) a record of any enforce-
ment action taken against the owner, 
operator, or person in charge; and 
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‘‘(IX) any additional information 
that the President determines nec-
essary; 
‘‘(ii) use data provided by the Envi-
ronmental Protection Agency, the Coast 
Guard, and other appropriate Federal 
agencies; 
‘‘(iii) use data protocols developed and 
managed by the Environmental Protection 
Agency; and 
‘‘(iv) be publicly accessible, including 
by electronic means.’’. 
SEC. 717. EVALUATION AND APPROVAL OF RESPONSE 
PLANS; MAXIMUM PENALTIES. 
(a) AGENCY REVIEW OF RESPONSE PLANS.— 
(1) LEAD FEDERAL AGENCY FOR REVIEW OF 
RESPONSE PLANS.—Section 311(j)(5)(A) of the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1321(j)(5)(A)) is amended by adding at the end the 
following: 
‘‘(iii) In issuing the regulations under this para-
graph, the President shall ensure that— 
‘‘(I) the owner, operator, or person in 
charge of a tank vessel, nontank vessel, or off-
shore facility described in subparagraph (C) will 
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not be considered to have complied with this 
paragraph until the owner, operator, or person 
in charge submits a plan under clause (i) or 
(ii), as appropriate, to the Secretary of the de-
partment in which the Coast Guard is oper-
ating, the Secretary of the Interior, or the Ad-
ministrator, with respect to such offshore facili-
ties as the President may designate, and the 
Secretary or Administrator, as appropriate, de-
termines and notifies the owner, operator, or 
person in charge that the plan, if implemented, 
will provide an adequate response to a worst 
case discharge of oil or a hazardous substance 
or a substantial threat of such a discharge; and 
‘‘(II) the owner, operator, or person in 
charge of an onshore facility described in sub-
paragraph (C)(iv) will not be considered to have 
complied with this paragraph until the owner, 
operator, or person in charge submits a plan 
under clause (i) either to the Secretary of 
Transportation, with respect to transportation- 
related onshore facilities, or the Administrator, 
with respect to all other onshore facilities, and 
the Secretary or Administrator, as appropriate, 
determines and notifies the owner, operator, or 
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person in charge that the plan, if implemented, 
will provide an adequate response to a worst- 
case discharge of oil or a hazardous substance 
or a substantial threat of such a discharge. 
‘‘(iv)(I) The Secretary of the department in 
which the Coast Guard is operating, the Secretary of 
the Interior, the Secretary of Transportation, or the 
Administrator, as appropriate, shall require that a 
plan submitted to the Secretary or Administrator for 
a vessel or facility under clause (iii)(I) or (iii)(II) by 
an owner, operator, or person in charge— 
‘‘(aa) contain a probabilistic risk analysis 
for all critical engineered systems of the vessel 
or facility; and 
‘‘(bb) adequately address all risks identi-
fied in the risk analysis. 
‘‘(II) The Secretary or Administrator, as appro-
priate, shall require that a risk analysis developed 
under subclause (I) include, at a minimum, the fol-
lowing: 
‘‘(aa) An analysis of human factors risks, 
including both organizational and management 
failure risks. 
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‘‘(bb) An analysis of technical failure risks, 
including both component technologies and inte-
grated systems risks. 
‘‘(cc) An analysis of interactions between 
humans and critical engineered systems. 
‘‘(dd) Quantification of the likelihood of 
modes of failure and potential consequences. 
‘‘(ee) A description of methods for reduc-
ing known risks. 
‘‘(III) The Secretary or Administrator, as ap-
propriate, shall require an owner, operator, or per-
son in charge that develops a risk analysis under 
subclause (I) to make the risk analysis available to 
the public.’’. 
(2) REVIEW
AND
APPROVAL
OF
RESPONSE 
PLANS.—Section 311(j)(5)(E) of such Act (33 
U.S.C. 1321(j)(5)(E)) is amended to read as follows: 
‘‘(E) With respect to any response plan sub-
mitted under this paragraph for an onshore facility 
that, because of its location, could reasonably be ex-
pected to cause significant and substantial harm to 
the environment by discharging into or on the navi-
gable waters or adjoining shorelines or the exclusive 
economic zone, and with respect to each response 
plan submitted under this paragraph for a tank ves-
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