LIABILITY.

SEC. 406. [16 U.S.C. 1421e] LIABILITY. (a) In General.—A person who is authorized to respond to a stranding or entanglement pursuant to an agreement entered into under section 112(c) is deemed to be an employee of the Government for purposes of chapter 171 of title 28, United States Code, with respect to actions of the person that are— (1) in accordance with the agreement; and (2) in the case of an unusual mortality event, in accordance with— (A) the contingency plan issued under section 404(b); (B) the instructions of an Onsite Coordinator designated under section 404(c); or (C) the best professional judgment of an Onsite Coordinator, in the case of any matter that is not covered by the contingency plan. (b) Limitation.—Subsection (a) does not apply to actions of a person described in that subsection that are grossly negligent or that constitute willful misconduct.