---
kind: "section"
citation: "42 U.S.C. § 5171"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5171"
heading: "Federal facilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/5171"
units:
  - "Chapter 68 — Disaster Relief"
  - "Subchapter IV — Major Disaster Assistance Programs"
---

# §5171. Federal facilities

- (a) **Repair, reconstruction, restoration, or replacement of United States facilities—** The President may authorize any [Federal agency](/usc/42/5122.md?p=9) to repair, reconstruct, restore, or replace any facility owned by the [United States](/usc/42/5122.md?p=3) and under the jurisdiction of such [agency](/usc/42/8262.md?p=1) which is damaged or destroyed by any [major disaster](/usc/42/5122.md?p=2) 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](/usc/42/8262.md?p=1) for another purpose.
- (c) **Steps for mitigation of hazards—** In implementing this section, [Federal agencies](/usc/42/5122.md?p=9) shall evaluate the natural [hazards](/usc/42/5195a.md?p=a-1) to which these [facilities](/usc/42/5195a.md?p=a-6) are exposed and shall take appropriate action to mitigate such [hazards](/usc/42/5195a.md?p=a-1), including safe land-use and [construction](/usc/42/300s–3.md?p=7) [practices](/usc/42/17061.md?p=19), in accordance with standards prescribed by the President.

## Source credit

(Pub. L. 93–288, title IV, § 405, formerly § 401, May 22, 1974, 88 Stat. 153; renumbered § 405, Pub. L. 100–707, title I, § 106(a)(2), Nov. 23, 1988, 102 Stat. 4696.)

## Notes

### 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.