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42 USC § 5148 - Nonliability of Federal Government

---
identifier: "/us/usc/t42/s5148"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 5148 - Nonliability of Federal Government"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "5148"
section_name: "Nonliability of Federal Government"
chapter_number: 68
chapter_name: "DISASTER RELIEF"
subchapter_number: "III"
subchapter_name: "MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 93–288, title III, § 305, formerly § 308, May 22, 1974, 88 Stat. 149; renumbered § 305, Pub. L. 100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691.)"
---

# § 5148. Nonliability of Federal Government

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 this chapter.

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**Source Credit**: (Pub. L. 93–288, title III, § 305, formerly § 308, May 22, 1974, 88 Stat. 149; renumbered § 305, Pub. L. 100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691.)

## Editorial Notes

### References in Text

This chapter, referred to in text, was in the original “this Act”, meaning , , . For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

### Prior Provisions

A prior  was classified to  prior to repeal by .