Title 42, The Public Health and WelfareRelease 119-110

§1591b Community Facilities or Services by Local Agencies

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

Last updated Sep 22, 2026|Official source

Summary

Require local governments to provide community facilities or services for national defense with local money when possible in areas the President has named a critical defense housing area under section 1591. In those areas, no loan under subchapter IX can be made for needed facilities or equipment unless the main local executive (the chief executive officer of the appropriate political subdivision) certifies, and the Secretary of Housing and Urban Development finds, that the facilities or equipment cannot be provided in time any other way. No grant or payment under subchapter IX for providing, operating, or maintaining such facilities or services can be made unless the same local chief executive certifies, and the HUD Secretary finds, that they cannot be provided or run when needed without creating an excessive tax burden or an unusual large increase in the local agency’s debt limit. The United States will not directly provide, operate, or maintain these facilities unless the local agency clearly cannot do so with its own staff or with loans, grants, or payments allowed under subchapter IX. The term chief executive officer of the appropriate political subdivision means the main executive officer or governing body responsible for the facility or service, but does not mean a public housing authority or its officers acting in that role.

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)Certification of necessity for loan
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)Certification of necessity for grants or other payments
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)Maintenance and operation of facilities
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.
For the purposes of this section, the term “chief executive officer of the appropriate political subdivision” shall mean appropriate principal executive officer or governing body having primary responsibility with respect to the community facility or service involved, but shall not, in any case, mean any public housing authority, or its governing body, or any of its officers, acting in such capacity.

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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110