Title 42The Public Health and WelfareRelease 119-73

§1591b Community facilities or services by local agencies

Title 42 › Chapter CHAPTER 9— - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE › Subchapter SUBCHAPTER VIII— - CRITICAL DEFENSE HOUSING AREAS › § 1591b

Last updated Apr 6, 2026|Official source

Summary

Require that when the President names an area a critical defense housing area under section 1591, local agencies should use local money to provide the community facilities and services needed for national defense whenever possible. Loans under the programs in subchapter IX can only be made if the local area's top official certifies, and the Secretary of Housing and Urban Development finds, that the facilities or equipment cannot otherwise be provided in time. Grants or payments under subchapter IX for providing or running facilities or services can only be made if the local official certifies, and HUD finds, they cannot be provided or kept operating without causing excessive taxes or an unusual big jump in the local government's debt limit. The federal government will not directly provide, run, or maintain these local facilities unless the local agency clearly cannot do so itself, even with its own staff and the loans or grants available under subchapter IX.

Full Legal Text

Title 42, §1591b

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

In order to assure that community facilities or services required in connection with national defense activities shall, wherever possible, be provided by the appropriate local agencies with local funds, in any area which the President, pursuant to the authority contained in section 1591 of this title, has declared to be a critical defense housing area—
(a)no loan shall be made pursuant to subchapter IX of this chapter for the provision of community facilities or equipment therefor required in connection with national defense activities in such area unless the chief executive officer of the appropriate political subdivision certifies, and the Secretary of Housing and Urban Development finds, that such facilities or equipment could not otherwise be provided when needed;
(b)no grant or other payment shall be made pursuant to subchapter IX of this chapter for the provision, or for the operation and maintenance, of community facilities or equipment therefor, or for the provision of community services, required in connection with national defense activities in such area unless the chief executive officer of the appropriate political subdivision certifies, and the Secretary of Housing and Urban Development finds, that such community facilities or services cannot otherwise be provided when needed, or operated and maintained, as the case may be, without the imposition of an increased excessive tax burden or an unusual or excessive increase in the debt limit of the appropriate local agency; and
(c)no community facilities or services shall be provided, and no community facilities shall be maintained and operated, by the United States directly except where the appropriate local agency is demonstrably unable to provide such facilities and services, or to maintain or operate such community facilities and services adequately with its own personnel, with loans, grants, or payments authorized to be made pursuant to subchapter IX of this chapter.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

For

Transfer of Functions

to Secretary of Housing and Urban Development, see note set out under section 1581 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1591b

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73