RECOVERY BY RESPONSIBLE PARTY.

SEC. 1008. RECOVERY BY RESPONSIBLE PARTY. (a) In General.—The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under section 1013 only if the responsible party demonstrates that— (1) the responsible party is entitled to a defense to liability under section 1003; or (2) the responsible party is entitled to a limitation of liability under section 1004. (b) Extent of Recovery.—A responsible party who is entitled to a limitation of liability may assert a claim under section 1013 only to the extent that the sum of the removal costs and damages incurred by the responsible party plus the amounts paid by the responsible party, or by the guarantor on behalf of the responsible party, for claims asserted under section 1013 exceeds the amount to which the total of the liability under section 1002 and removal costs and damages incurred by, or on behalf of, the responsible party is limited under section 1004. [33 U.S.C. 2708]