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. ( 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 Pub. L. 93–288 , May 22, 1974 , 88 Stat. 143 . For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. Prior Provisions A prior section 305 of Pub. L. 93–288 was classified to section 5145 of this title prior to repeal by Pub. L. 100–707 . CFR Title Parts 44 80 , 201 , 204 , 206 , 207 , 208