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Title 42, The Public Health and WelfareRelease 119-110

§5171 Federal Facilities

Title 42 › CHAPTER 68 — DISASTER RELIEF › SUBCHAPTER IV — MAJOR DISASTER ASSISTANCE PROGRAMS › § 5171

Last updated Sep 22, 2026|Official source

Summary

The President can let a federal agency fix, rebuild, or replace U.S. buildings and facilities that a major disaster damaged or destroyed when the work is so urgent that it cannot wait for Congress to pass a law, approve it, or provide money. Agencies may start work even if they lack specific funds, by moving money from other agency accounts as allowed by law. Agencies must check what natural risks affect their facilities and take steps to reduce those risks, like safer siting and building methods, following standards the President sets.

Full Legal Text

Title 42, §5171

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Repair, reconstruction, restoration, or replacement of United States facilities
The President may authorize any Federal agency to repair, reconstruct, restore, or replace any facility owned by the United States and under the jurisdiction of such agency which is damaged or destroyed by any major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such importance and urgency that it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such purposes, or the obtaining of congressional committee approval.
(b)Availability of funds appropriated to agency for repair, reconstruction, restoration, or replacement of agency facilities
In order to carry out the provisions of this section, such repair, reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of funds appropriated to that agency for another purpose.
(c)Steps for mitigation of hazards
In implementing this section, Federal agencies shall evaluate the natural hazards to which these facilities are exposed and shall take appropriate action to mitigate such hazards, including safe land-use and construction practices, in accordance with standards prescribed by the President.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 405 of Pub. L. 93–288 was classified to section 5175 of this title prior to repeal by Pub. L. 100–707.

Reference

Citations & Metadata

Citation

42 U.S.C. § 5171

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110