---
kind: "section"
citation: "42 C.F.R. § 38.7"
title: "42"
number: "38.7"
heading: "Nonliability."
url: "https://uscodex.org/cfr/42/38.7"
---

# §38.7. Nonliability.


Attention is called to section 308 of the Act ([42 U.S.C. 5148](/usc/42/5148.md)) which provides that the Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of the Act.


## Notes

### Authority

Authority: Sec. 413, Pub. L. 93-288. The Disaster Relief Act of 1974, 88 Stat. 157, 42 U.S.C. 5183, E.O. 11795, 39 FR 25939, as amended by E.O. 11910, 41 FR 15681.

### Source

Source: 41 FR 52052, Nov. 26, 1976, unless otherwise noted.