42 CFR § 38.7 - Nonliability.

---
identifier: "/us/cfr/t42/s38.7"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 38.7 - Nonliability."
title_number: 42
title_name: "Public Health"
section_number: "38.7"
section_name: "Nonliability."
chapter_name: "PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "C"
subchapter_name: "MEDICAL CARE AND EXAMINATIONS"
part_number: "38"
part_name: "DISASTER ASSISTANCE FOR CRISIS COUNSELING AND TRAINING"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "41 FR 52052, Nov. 26, 1976, unless otherwise noted."
cfr_part: "38"
---


# 38.7 Nonliability.

Attention is called to section 308 of the Act (42 U.S.C. 5148) 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.