Sec. 330. Review and report on limited indemnity provisions in standby oil spill response contracts
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Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the effects of removing limited indemnity provisions from Coast Guard oil spill response contracts entered into by the President (or a delegate) under section 311(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(c) ). The report required by subsection
(a)shall include the following: An assessment of the adequacy of contracts described in that subsection in meeting the needs of the United States to carry out oil spill clean-ups under the National Contingency Plan (as defined in section 311(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(a) )) during the period beginning in 1990 and ending in 2014 with respect to those contracts that included limited indemnity provisions for oil spill response organizations. A review of the costs incurred by the Coast Guard, the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986, and the Federal Government to cover the indemnity provisions provided to oil spill response organizations during the period described in paragraph (1). An assessment of the adequacy of contracts described in that subsection in meeting the needs of the United States to carry out oil spill clean-ups under the National Contingency Plan (as so defined) after limited indemnity provisions for oil spill response organizations were removed from those contracts in 2014. An assessment of the impact that the removal of limited indemnity provisions described in paragraph
(3)has had on the ability of oil spill response organizations to enter into contracts described in that subsection. An assessment of the ability of the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986, to cover limited indemnity provided to a contractor for liabilities and expenses incidental to the containment or removal of oil arising out of the performance of a contract that is substantially identical to the terms contained in subsections (d)(2) through
(h)of section H.4 of the contract offered by the Coast Guard in the solicitation numbered DTCG89–98–A–68F953 and dated November 17, 1998.
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Sec. 330
Review and report on limited indemnity provisions in standby oil spill response contracts
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