---
kind: "section"
citation: "5 U.S.C. § 8173"
title: "5"
title_heading: "Government Organization and Employees"
number: "8173"
heading: "Liability under this subchapter exclusive"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8173"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 81 — Compensation for Work Injuries"
  - "Subchapter II — Employees of Nonappropriated Fund Instrumentalities"
---

# §8173. Liability under this subchapter exclusive


The liability of the [United States](/usc/5/7103.md?p=a-18) or of a nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality described by [section 2105(c) of this title](/usc/5/2105.md?p=c), with respect to the disability or death resulting from [injury](/usc/5/8101.md?p=5), as defined by section 2(2) of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 902(2)](/usc/33/902.md?p=2)), of an [employee](/usc/5/8101.md?p=1) referred to by sections [8171](/usc/5/8171.md) and [8172](/usc/5/8172.md) of this title, shall be determined as provided by this subchapter. This liability is exclusive and instead of all other liability of the [United States](/usc/5/7103.md?p=a-18) or the instrumentality to the [employee](/usc/5/8101.md?p=1), his legal representative, spouse, [dependents](/usc/5/8951.md?p=2), next of kin, and any other [person](/usc/5/7103.md?p=a-1) otherwise entitled to recover damages from the [United States](/usc/5/7103.md?p=a-18) or the instrumentality because of the disability or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen’s [compensation](/usc/5/8101.md?p=12) statute or under a Federal tort liability statute.


## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 556; Pub. L. 103–337, div. A, title X, § 1070(d)(8)(B), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104–106, div. A, title XV, § 1505(b)(2), Feb. 10, 1996, 110 Stat. 514.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 150k–1(c). | July 18, 1958, Pub. L. 85–538, § 1 “Sec. 2(c)”, 72 Stat. 397. |

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

### Editorial Notes

### Amendments

1996—Pub. L. 104–106 substituted “(33 U.S.C. 902(2))” for “(33 U.S.C. 2(2))”.

1994—Pub. L. 103–337 substituted “section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 2(2))” for “section 902(2) of title 33”.