
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1591b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
        CHAPTER 9--HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE
 
             SUBCHAPTER VIII--CRITICAL DEFENSE HOUSING AREAS
 
Sec. 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 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.

(Sept. 1, 1951, ch. 378, title I, Sec. 103, 65 Stat. 294; Pub. L. 89-
174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669.)

                          Transfer of Functions

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

                  Section Referred to in Other Sections

    This section is referred to in sections 1592m, 1592o of this title.
