42 U.S.C. § 1591b — Community facilities or services by local

Page 4847 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1591b § 1591a. Construction by private enterprise In order to assure that private enterprise shall be afforded full opportunity to provide the de- fense housing needed wherever possible, in any area which the President, pursuant to the au- thority contained in section 1591 of this title, has declared to be a critical defense housing area— (a) Publication of number of units needed first, the number of permanent dwelling units (including information as to types, rent- als, and general locations) needed for defense workers and military personnel in such crit- ical defense housing area shall be publicly an- nounced and printed in the Federal Register by the Secretary of Housing and Urban Devel- opment; (b) Suspension of credit restrictions second, residential credit restrictions under the Defense Production Act of 1950, as amend- ed [50 U.S.C. 4501 et seq.], (1) as to housing to be sold at $12,000 or less per unit or to be rented at $85 or less per unit per month, shall be suspended with respect to the number and types of housing units at the sales prices or rentals which the President determines to be needed in such area for defense workers or military personnel, and (2) as to all other housing, shall be relaxed in such manner and to such extent as the President determines to be necessary and appropriate to obtain the production of such housing needed in such area for defense workers or military per- sonnel; (c) Mortgage insurance third, the mortgage insurance aids provided under title II of this Act shall be made avail- able to obtain the production of housing need- ed in such area for defense workers or military personnel; and (d) Construction by Government as conditional fourth, no permanent housing shall be con- structed by the Federal Government under the provisions of subchapter IX of this chapter ex- cept to the extent that private builders or eli- gible mortgagees have not, within a period of not less than ninety days (as the Secretary of Housing and Urban Development shall specify) following public announcement of the avail- ability of such mortgage insurance aids under title II of this Act, indicated through bona fide applications (which meet the requirements as to types, rentals, or sales prices, and general locations) for exceptions from such residential credit restrictions or for mortgage insurance or guaranty that they will provide the housing determined to be needed in such area for de- fense workers and military personnel and pub- licly announced as provided by subsection (a) of this section. (Sept. 1, 1951, ch. 378, title I, § 102, 65 Stat. 294; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Editorial Notes REFERENCES IN TEXT The Defense Production Act of 1950, referred to in subsec. (b), is act Sept. 8, 1950, ch. 932, 64 Stat. 798, which is classified to chapter 55 (§ 4501 et seq.) of Title 50, War and National Defense. For complete classifica- tion of this Act to the Code, see Tables. This Act, referred to in subsecs. (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 sections 371, 1430, 1702, 1706, 1715c, 1715f, 1716, and 1743 of Title 12. For complete classification of this Act to the Code, see Short Title of 1951 Amendment note set out under section 1501 of this title and Tables. 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. § 1591b. Community facilities or services by local agencies 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 de- fense housing area— (a) Certification of necessity for loan no loan shall be made pursuant to sub- chapter 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 execu- tive officer of the appropriate political sub- division certifies, and the Secretary of Hous- ing 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 mainte- nance, 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 oper- ated and maintained, as the case may be, without the imposition of an increased exces- sive tax burden or an unusual or excessive in- crease 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 oper- ate 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. Page 4848 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1591c For the purposes of this section, the term ‘‘chief executive officer of the appropriate polit- ical subdivision’’ shall mean appropriate prin- cipal executive officer or governing body having primary responsibility with respect to the com- munity facility or service involved, but shall not, in any case, mean any public housing au- thority, or its governing body, or any of its offi- cers, acting in such capacity. (Sept. 1, 1951, ch. 378, title I, § 103, 65 Stat. 294; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) 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. § 1591c. Expiration date; exception After June 30, 1953, no construction of perma- nent housing may be begun under subchapter IX of this chapter. After July 31, 1954, (a) no mort- gage may be insured under title IX of the Na- tional Housing Act, as amended [12 U.S.C. 1750 et seq.] (except (i) pursuant to a commitment to insure issued on or before such date or (ii) after July 31, 1954, and until August 1, 1955, during such period, or for such project or projects, as the President may designate hereunder or (iii) pursuant to a commitment to insure issued pur- suant to the preceding clause (ii)), (b) no agree- ment may be made to extend assistance for the provision of community facilities or services under subchapter IX of this chapter, and no con- struction of temporary housing or community facilities by the United States may be begun under such subchapter, except after July 31, 1954, and until August 1, 1955, during such pe- riod, or for such project or projects, as the President may designate hereunder: Provided, That to the extent necessary to assure the ade- quate completion of any facilities for which prior agreements have been made under sub- chapter IX, the Secretary of Housing and Urban Development may, at any time after July 31, 1954, enter into amendatory agreements under such subchapter involving the expenditure of ad- ditional Federal funds within the balance avail- able therefor on or before such date, (c) no loan may be made or obligations purchased by the Secretary of Housing and Urban Development under section 1701g–1 of title 12 (except pursuant to a commitment issued on or before June 30, 1953, or to refinance an existing loan or existing obligations held under such section by said Sec- retary on June 30, 1953). (Sept. 1, 1951, ch. 378, title I, § 104, 65 Stat. 295; June 30, 1953, ch. 170, § 16, 67 Stat. 125; June 29, 1954, ch. 410, § 3, 68 Stat. 320; Aug. 2, 1954, ch. 649, title I, § 129, 68 Stat. 609; June 30, 1955, ch. 251, § 2, 69 Stat. 225; Aug. 11, 1955, ch. 783, title I, § 105, 69 Stat. 637; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Editorial Notes REFERENCES IN TEXT The National Housing Act, referred to in text, is act June 27, 1934, ch. 847, 48 Stat. 1246. Title IX of the Na- tional Housing Act is title IX of act June 27, 1934, ch. 847, as added by act Sept. 1, 1951, ch. 378, title II, § 201, 65 Stat. 295, which is classified generally to subchapter X (§ 1750 et seq.) of chapter 13 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables. Section 1701g–1 of title 12, referred to in text, has been omitted from the Code. AMENDMENTS 1955—Act Aug. 11, 1955, inserted item (iii) in cl. (a). Act June 30, 1955, substituted ‘‘August 1, 1955’’ for ‘‘July 1, 1955’’ in two places in second sentence. 1954—Act Aug. 2, 1954, gave President standby author- ity to use mortgage insurance authority under title IX of the National Housing Act and the provisions in sub- chapter IX of this chapter for Federal aid in providing defense housing and community facilities and services in critical defense areas, in substitution for provisions under which authority for new projects under these two programs would have expired on June 30, 1954, and au- thorized the Housing and Home Finance Administrator to enter into amendatory agreements after June 30, 1954, to provide additional Federal assistance with re- spect to defense community facilities undertaken on or before such date where he finds it necessary to do so to assure the adequate completion of such facilities. Act June 29, 1954, substituted ‘‘July 31, 1954’’ for ‘‘June 30, 1954’’ at beginning of second sentence. 1953—Act June 30, 1953, inserted sentence prohibiting the beginning of permanent housing construction under subchapter IX of this chapter, after June 30, 1953; sub- stituted ‘‘June 30, 1954’’ for ‘‘June 30, 1953’’ at beginning of present second sentence and ‘‘temporary housing’’ for ‘‘housing’’ in cl. (b) of present second sentence; struck a former cl. (c) out of existing second sentence which provided that (after June 30, 1953) no land might be acquired by the Housing and Home Finance Admin- istrator under subchapter X of this chapter; and redes- ignated cl. (d) as (c). 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. § 1591d. Powers as cumulative and additional Except as may be otherwise expressly provided in this Act, all powers and authorities conferred by this Act shall be cumulative and additional to and not in derogation of any powers and au- thorities otherwise existing. (Sept. 1, 1951, ch. 378, title VI, § 618, 65 Stat. 317.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act Sept. 1, 1951, ch. 378, 65 Stat. 293, known as the Defense Housing and Community Facilities and Services Act of 1951. For complete classification of this Act to the Code, see Short Title of 1951 Amendment note set out under sec- tion 1501 of this title and Tables. CODIFICATION Section constitutes the first sentence of section 618 of act Sept. 1, 1951. Remainder of section 618 is set out in Separability note under section 1591 of this title. SUBCHAPTER IX—DEFENSE HOUSING AND COMMUNITY FACILITIES AND SERVICES Statutory Notes and Related Subsidiaries REVOLVING FUND Establishment of revolving fund under which to ac- count for assets and liabilities in connection with com-