42 U.S.C. § 1591 — Determination of critical areas by Presi-

Page 4846 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1591 fined in the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.]. (g) The term ‘‘United States Housing Act of 1937’’ [42 U.S.C. 1437 et seq.] means the provi- sions of that Act, including all amendments thereto, now or hereafter adopted, except provi- sions relating to the initial construction of a project or dwelling units. (Oct. 14, 1940, ch. 862, title VI, § 610, as added June 28, 1948, ch. 688, § 7, as added Apr. 20, 1950, ch. 94, title II, § 201, 64 Stat. 59; amended Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669; 1967 Reorg. Plan No. 3, § 402(432), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 948; Pub. L. 93–198, title IV, § 401, Dec. 24, 1973, 87 Stat. 785.) Editorial Notes REFERENCES IN TEXT Subchapters III and VI of this chapter, referred to in subsecs. (b) and (c), were comprised of sections 1531 to 1536 and 1571 to 1576, respectively, of this title and have been omitted from the Code. For further details, see note set out under section 1522 of this title. The provisions of Public Law 781, and Public Laws 9, 73, or 353, referred to in subsec. (b), are not classified to the Code. For further details, see note set out under section 1524 of this title. The United States Housing Act of 1937, referred to in subsecs. (d), (f), and (g), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS In subsec. (a), ‘‘Council of the District of Columbia’’ substituted for ‘‘District of Columbia Council’’ pursu- ant to Pub. L. 93–198, title IV, § 401, Dec. 24, 1973, 87 Stat. 785. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Council of District of Colum- bia, as provided by section 401 of Pub. L. 93–198. For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1581 of this title. Executive Documents TRANSFER OF FUNCTIONS Previously, reference to Board of Commissioners of District of Columbia had been changed to District of Columbia Council pursuant to section 402(432) of Reor- ganization Plan No. 3 of 1967, 32 F.R. 11669, eff. Nov. 3, 1967, set out in the Appendix to Title 5, Government Or- ganization and Employees, which transferred the regu- latory and other functions of Board of Commissioners relating to functions under this subchapter previously vested in Board of Commissioners pursuant to this sec- tion to District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing District of Colum- bia Council, see section 201 of the Reorg. Plan No. 3 of 1967. SUBCHAPTER VIII—CRITICAL DEFENSE HOUSING AREAS § 1591. Determination of critical areas by Presi- dent; requisite conditions (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 de- fense plant or installation has been or is to be reactivated or its operation substantially ex- panded; (2) substantial in-migration of defense work- ers or military personnel is required to carry out activities at such plant or installation; and (3) a substantial shortage of housing re- quired 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 fa- cilities or services required for such defense workers or military personnel are not avail- able or are insufficient, or both, as the case may be. (Sept. 1, 1951, ch. 378, title I, § 101, 65 Stat. 293; June 30, 1953, ch. 170, § 15, 67 Stat. 125.) 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 sub- chapter 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. 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 Short Title of 1951 Amendment note set out under section 1501 of this title and Tables. AMENDMENTS 1953—Subsec. (a). Act June 30, 1953, substituted ‘‘ti- tles II or III’’ for ‘‘titles II, III, or IV’’. Statutory Notes and Related Subsidiaries INCONSISTENT LAWS Act 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 Short Title of 1951 Amendment note set out under sec- tion 1501 of this title], the provisions of this Act shall be controlling.’’ SEPARABILITY Act 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 Short Title of 1951 Amendment note set out under section 1501 of this title], or the application thereof to any persons or cir- cumstances, shall be adjudged by any court of com- petent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act or its application to other persons and cir- cumstances, 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.’’ 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.