§1591 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The President must officially declare an area a "critical defense housing area" before any powers under Titles II or III of the Act can be used there. To make that declaration, the President must find three things: a new defense plant or installation is being built, reactivated, or greatly expanded; a large number of defense workers or military personnel must move into the area; and there is a serious shortage (or imminent shortage) of housing or of needed community services that would interfere with the plant’s or installation’s work.

Title 42, §1591

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(a)Notwithstanding any other provisions of this Act, the authority contained in titles II or III of this Act shall not be exercised in any area unless the President shall have determined that such area is a critical defense housing area.

(b)No area shall be determined to be a critical defense housing area pursuant to this section unless the President finds that in such area all the following conditions exist:

(1)a new defense plant or installation has been or is to be provided, or an existing defense plant or installation has been or is to be reactivated or its operation substantially expanded;

(2)substantial in-migration of defense workers or military personnel is required to carry out activities at such plant or installation; and

(3)a substantial shortage of housing required for such defense workers or military personnel exists or impends which impedes or threatens to impede activities at such defense plant or installation, or that community facilities or services required for such defense workers or military personnel are not available or are insufficient, or both, as the case may be.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (a), (c), and (d), means act Sept. 1, 1951, ch. 378, 65 Stat. 293, known as the Defense Housing and Community Facilities and Services Act of 1951. Title II of this Act enacted subchapter X (§ 1750 et seq.) of chapter 13 of Title 12, Banks and Banking, and amended section 371, 1430, 1702, 1706, 1715c, 1715f, 1716, and 1743 of Title 12. Title III of this Act is classified generally to subchapter IX (§ 1592 et seq.) of this chapter. For complete classification of this Act to the Code, see

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of 1951 Amendment note set out under section 1501 of this title and Tables.

Amendments

1953—Subsec. (a). Act June 30, 1953, substituted “titles II or III” for “titles II, III, or IV”.

Statutory Notes and Related Subsidiaries

Inconsistent LawsAct Sept. 1, 1951, ch. 378, title VI, § 617, 65 Stat. 317, provided that: “Insofar as the provisions of any other law are inconsistent with the provisions of this Act [see

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of 1951 Amendment note set out under section 1501 of this title], the provisions of this Act shall be controlling.” SeparabilityAct Sept. 1, 1951, ch. 378, title VI, § 618, 65 Stat. 317, provided in second sentence that: “Notwithstanding any other evidence of the intention of Congress, it is hereby declared to be the controlling intent of Congress that if any provisions of this Act [see

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of 1951 Amendment note set out under section 1501 of this title], or the application thereof to any persons or circumstances, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act or its application to other persons and circumstances, but shall be confined in its operation to the provisions of this Act or the application thereof to the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.”

§1591 Determination of critical areas by President; requisite conditions

Summary

Title 42, §1591

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

Statutory Notes and Related Subsidiaries

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