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42 U.S.C. § 5171 — Federal facilities

submitted 52 years ago by Pub. L. 93-288 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 208 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President may let a federal agency urgently repair, rebuild, restore, or replace a federal facility damaged or destroyed by a major disaster before specific legislation, an appropriation, or committee approval. Agencies may transfer available funds for the work and must address natural hazards through appropriate mitigation measures.

(a) Repair, reconstruction, restoration, or replacement of United States facilities. The President may authorize a federal agency to repair, reconstruct, restore, or replace a United States-owned facility under that agency’s jurisdiction if a major disaster damaged or destroyed it. The President must determine that the work is so important and urgent that it reasonably cannot wait for specific authorizing legislation, an appropriation for the work, or congressional committee approval.

(b) Availability of agency funds. To carry out this section, the agency may begin the repair, reconstruction, restoration, or replacement despite a lack or shortage of funds appropriated for it if the shortage can be fixed by legally transferring funds appropriated to that agency for another purpose.

(c) Steps to reduce hazards. When carrying out this section, federal agencies must evaluate the natural hazards to which the facilities are exposed and take appropriate action to reduce those hazards. This includes safe land-use and construction practices and must follow standards prescribed by the President.

the actual law source: uscode.house.gov ↗public domain
(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.

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.)

history & why it existsrecord from the source credit
  • 1974Enacted · Pub. L. 93-288 · 88 Stat. 153
  • 1988Amended · Pub. L. 100-707 · 102 Stat. 4696

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-288 on 1974-05-22.

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