Sec. 203. Liability
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/bill/116/hr/1326/ih/section-203A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to subsection (c), any individual or entity that destroys, causes the loss of, or injures any system resource, or that causes the Secretary to carry out any action to prevent, minimize, or abate destruction or loss of, or injuries or risk to, any system resource, shall be liable to the United States for any response costs or damages resulting from the destruction, loss, or injury. Any instrumentality (including a vessel, vehicle, aircraft, or other equipment or mechanism) that destroys, causes the loss of, or injures any system resource, or that causes the Secretary to carry out any action to prevent, minimize, or abate destruction or loss of, or injury or risk to, a system resource shall be liable in rem to the United States for any response costs or damages resulting from the destruction, loss, or injury, to the same extent that an individual or entity is liable under subsection (a).
An individual or entity shall not be liable under this section, if the individual or entity can establish that— the destruction or loss of, or injury to, the system resource was caused solely by an act of God or an act of war; or the individual or entity exercised due care; and the destruction or loss of, or injury to, the system resource was caused solely by an act or omission of a third party, other than an employee or agent of the individual or entity. The liability established by this section shall be in addition to any other liability arising under Federal or State law.