42 U.S.C. § 3538 — Rescheduling and refinancing of Federal

Page 5935 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3539 partment of Housing and Urban Development, the Secretary may not make lump-sum pay- ments to any displaced residential tenant, ex- cept where necessary to cover— (1) moving expenses; (2) a downpayment on the purchase of a re- placement residence, including a condo- minium unit or membership in a cooperative housing association; or (3) any incidental expenses related to para- graph (1) or (2). (Pub. L. 89–174, § 14, as added Pub. L. 102–550, title IX, § 922, Oct. 28, 1992, 106 Stat. 3884.) § 3538. Rescheduling and refinancing of Federal loans The Secretary of Housing and Urban Develop- ment is authorized to refinance any note or other obligation which is held by him in connec- tion with any loan made by the Department of Housing and Urban Development or its prede- cessor in interest, or which is included within the revolving fund for liquidating programs es- tablished by the Independent Offices Appropria- tion Act of 1955 [12 U.S.C. 1701g–5], where he finds such refinancing necessary because of the loss, destruction, or damage (as a result of a major disaster) to property or facilities securing such obligations. The Secretary may authorize a suspension in the payment of principal and in- terest charges on, and an additional extension in the maturity of, any such loan for a period not to exceed five years if he determines that such action is necessary to avoid severe financial hardship. (Pub. L. 91–606, title II, § 236(b), Dec. 31, 1970, 84 Stat. 1754.) Editorial Notes REFERENCES IN TEXT The Independent Offices Appropriation Act of 1955, re- ferred to in text, is act June 24, 1954, ch. 359, 68 Stat. 272. Provisions of the act which established the revolv- ing fund for liquidating programs are classified to sec- tion 1701g–5 of Title 12, Banks and Banking. For com- plete classification of this Act to the Code, see Tables. CODIFICATION Section was not enacted as part of the Department of Housing and Urban Development Act which comprises this chapter. Section was formerly classified to section 4455(b) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 31, 1970, see section 304 of Pub. L. 91–606, set out as an Effective Date of 1970 Amend- ment note under section 165 of Title 26, Internal Rev- enue Code. § 3539. Housing and Urban Development Disaster Assistance Fund The Secretary of Housing and Urban Develop- ment is authorized to establish a fund and to transfer to such fund from appropriations or funds available to the Department of Housing and Urban Development, such amounts as may be necessary to provide disaster assistance for which the Secretary has been requested by the President to make resources available pursuant to the authority of the Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.]. (Pub. L. 92–383, title IV, § 406, Aug. 14, 1972, 86 Stat. 553; 1973 Reorg. Plan No. 1, §§ 1, 3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089; Ex. Ord. No. 11749, § 2(1), Dec. 10, 1973, 38 F.R. 34177; Ex. Ord. No. 12148, § 4–201, July 20, 1979, 44 F.R. 43239; Pub. L. 100–707, title I, § 109(s), Nov. 23, 1988, 102 Stat. 4710.) Editorial Notes REFERENCES IN TEXT The Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, known as the Robert T. Stafford Disaster Re- lief and Emergency Assistance Act, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. CODIFICATION Section was not enacted as part of the Department of Housing and Urban Development Act which comprises this chapter. Section was formerly classified to section 4413a of this title. AMENDMENTS 1988—Pub. L. 100–707 substituted ‘‘Disaster Relief and Emergency Assistance Act’’ for ‘‘Disaster Relief Act of 1970 (84 Stat. 1744)’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TRANSFER OF FUNCTIONS ‘‘President’’ substituted in text for ‘‘Director of the Office of Emergency Preparedness’’ pursuant to section 1 of Reorganization Plan No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089, set out in the Appendix to Title 5, Government Organization and Employees. Previously, functions of Director of Office of Emer- gency Preparedness under Disaster Relief Act of 1970, transferred to President by Reorg. Plan No. 1 of 1973, had been transferred to Secretary of Housing and Urban Development by Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, which superseded Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175, which had provided for a similar transfer to Secretary of Housing and Urban Develop- ment. Both of these Executive Orders were subse- quently revoked, see Delegation of Functions note below.