Title 42The Public Health and WelfareRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

Require local governments to pay for needed community facilities and services near defense projects with their own money whenever possible in areas the President has named a "critical defense housing area" under section 1591. If the President names an area that way, the federal government will not make loans under subchapter IX for those facilities or equipment unless the local chief executive (for example, a mayor or county leader) certifies the community can’t get them in time and the Secretary of Housing and Urban Development agrees. Federal grants or payments under subchapter IX for building, running, or maintaining those facilities or for providing services also cannot be made unless the local chief executive certifies and the HUD Secretary finds they cannot be provided or run when needed without imposing an excessive tax burden or an unusual or excessive increase in the local agency’s debt limit. The United States will not directly provide, run, or maintain these community facilities or services unless the local agency clearly cannot do so itself or with the loans, grants, or payments allowed 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 5, 2026

Release point: 119-73not60