sation of such personnel shall not be reduced for one year after such transfer. (d) In any case where all the functions, powers, and duties of any office or agency are transferred pursuant to this subsection, such office or agency shall lapse. Any person who, on the effective date of this Act, held a position compensated in accordance with the General Schedule, and who, without a break in service, is appointed in an Office of Inspector General to a position having duties comparable to those performed immediately preceding such appointment shall continue to be compensated in the new position at not less than the rate provided for the previous position, for the duration of service in the new position. CONFORMING AND TECHNICAL AMENDMENTS SEC. 10. (a) Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following new paragraphs: "(122) Inspector General, Department of Health, Education, and Welfare. "(123) Inspector General, Department of Agriculture. "(124) Inspector General, Department of Housing and Urban Development. "(125) Inspector General, Department of Labor. "(126) Inspector General, Department of Transportation. (b) Section 5316 of title 5, United States Code, is amended by adding at the end thereof the following new paragraphs: "(144) Deputy Inspector General, Department of Health, Education, and Welfare. "(145) Inspector General, Department of Commerce. tion. "(148) Inspector General, Environmental Protection Agency. "(149) Inspector General, General Services Administration. "(150) Inspector General, National Aeronautics and Space Administration. "(151) Inspector General, Small Business Administration.". (c) Section 202 (e) of the Act of October 15, 1976 (Public Law 94-505, 42 U.S.C. 3522), is amended by striking out "section 6 (a) (1)” and "section 6(a) (2)" and inserting in lieu thereof "section 206 (a) (1)" and "section 206 (a) (2)", respectively. DEFINITIONS SEC. 11. As used in this Act (1) the term "head of the establishment" means the Secretary of Agriculture, Commerce, Housing and Urban Development, the Interior, Labor, or Transportation or the Administrator of Community Services, Environmental Protection, General Services, National Aeronautics and Space, Small Business, or Veterans' Affairs, as the case may be; (2) the term "establishment" means the Department of Agriculture, Commerce, Housing and Urban Development, the Interior, Labor, or Transportation or the Community Services Administration, the Environmental Protection Agency, the Gen eral Services Administration, the National Aeronautics and Spac Administration, the Small Business Administration, or the Vet erans' Administration, as the case may be; (3) the term "Inspector General" means the Inspector Genera of an establishment; (4) the term "Office" means the Office of Inspector General o an establishment; and (5) the term "Federal agency" means an agency as defined in section 552 (e) of title 5 (including an establishment as define in paragraph (2)), United States Code, but shall not be construe to include the General Accounting Office. EFFECTIVE DATE SEC. 12. The provisions of this Act and the amendments made b this Act shall take effect October 1, 1978. Approved October 12, 1978. §1 NATIONAL HOUSING ACT [Public Law 479, 73d Congress, 48 Stat. 1246, 12 U.S.C. 1701 et seq.] AN ACT To encourage improvement in housing standards and conditions, to provide a system of mutual mortgage insurance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Housing Act." TITLE I-HOUSING RENOVATION AND MODERNIZATION ADMINISTRATIVE PROVISIONS 1 SECTION 1. The 2 powers conferred by this Act shall be exercised by the Secretary of Housing and Urban Development (hereinafter referred to as the "Secretary"). In order to carry out the provisions of this title and titles II, III, V, VI, VII, VIII, IX, X, and XI, the Secretary may establish such agencies, accept and utilize such voluntary and uncompensated services, utilize such Federal officers and employees, and, with the consent of the State, such State and local officers and employees, and appoint such other officers and employees as he may find necessary, and may prescribe their authorities, duties and responsibilities. The Secretary may delegate any of the functions and powers conferred upon him under this title and titles II, III, V, VI, VII, VIII, IX, X, and XI, to such officers, agents, and employees as he may designate or appoint and may make such expenditures (including expenditures for personal services and rent at the seat of government and elsewhere for law books and books of reference, and for paper, printing, and binding) as are necessary to carry out the provisions of this title and titles Sec. 1(b) of Public Law 90-19, approved May 25, 1967, 81 Stat. 17, substituted this heading for "Creation of Federal Housing Administration." *Sec. 1 of Public Law 90-19, approved May 25, 1967, 81 Stat. 18, amended this sentence to read as set forth in the text. Prior to this amendment the sentence read as follows: The President is authorized to create a Federal Housing Administration, all of the powers of which shall be exercised by a Federal Housing Commissioner (hereinafter referred to as the Commissioner'), who shall be appointed by the President, by and with the advice and consent of the Senate." The Department of Housing and Urban Development Act, Public Law 89-174, effective November 9, 1965. 79 Stat. 667, established the Department of Housing and Urban Developent and provided in sec. 4 (a) that "There shall be in the Department a Federal Housing Commissioner, who shall be one of the Assistant Secretaries, who shall head a Federal Housing Administration within the Department, who shall have such duties and powers as may be prescribed by the Secretary, and who shall administer, under the supervision and direction of the Secretary, departmental programs relating to the private mortgage market." Sec. 5(a) of that act transferred to and vested in the Secretary of Housing and Urban Development all of the functions, powers and duties of the Federal Housing Administration and of the heads and other officers and offices of that Administration. See. 1 of Public Law 90-19, amended all provisions in the National Housing Act with respect to its administration to reflect this transfer. The changes are too numerous to be noted by separate footnotes. II, III, V, VI, VII, VIII, IX, X, and XI without regard to any other provisions of law governing the expenditure of public funds All such compensation, expenses, and allowances shall be paid out o funds made available by this Act: Provided, That, notwithstandin any other provisions of law except provisions of law hereafter enacte expressly in limitation hereof, all expenses of the Department of Hous ing and Urban Development in connection with the examination an insurance of loans or investments under any title of this Act, al properly capitalized expenditures, and other necessary expenses no attributable to general overhead in accordance with generall accepted accounting principles shall be considered nonadministrativ and payable from funds made available by this Act, except that, unles made pursuant to specific authorization by the Congress therefor, ex penditures made in any fiscal year pursuant to this proviso, other tha the payment of insurance claims and other than expenditures (in cluding services on a contract or fee basis, but not including othe personal services) in connection with the acquisition, protection, com pletion, operation, maintenance, improvement, or disposition of rea or personal property of the Department acquired under authority o this Act, shall not exceed 35 per centum of the income received by the Department of Housing and Urban Development from premium and fees during the preceding fiscal year. The Secretary shall, in carry ing out the provisions of this title and titles II, III, V, VI, VII, VIII IX, X, and XI be authorized, in his official capacity to sue and be sued in any court of competent jurisdiction, State or Federal. INSURANCE OF FINANCIAL INSTITUTIONS SEC. 2. (a) The Secretary is authorized and empowered upon such terms and conditions as he may prescribe, to insure banks, trust com panies, personal finance companies, mortgage companies, building and loan associations, installment lending companies, and other such financial institutions, which the Secretary finds to be qualified by experience or facilities and approves as eligible for credit insurance against losses which they may sustain as a result of loans and advances of credit, and purchases of obligations representing loans and advances of credit, made by them on and after July 1, 1939, and prior to October 1, 1979,1 for the purpose of (i) financing alterations, repairs and improvements upon or in connection with existing structures, or 1 Sec. 202 (a), Housing and Urban Development Act of 1965, Public Law 89-117, ap proved August 10, 1965, 79 Stat. 451, 465, substituted "October 1, 1969," for "October 1965,"; sec. 2(a) of Public Law 91-78, approved September 30, 1969, 83 Stat. 125, sub stituted "January 1, 1970" for "October 1, 1969,"; sec. 101(a), Housing and Urban Development Act of 1969, Public Law 91-152, approved December 2, 1969, 83 Stat. 379 substituted "October 1, 1970," for "January 1, 1970"; Sec. 1(a) of Public Law 91-432 approved October 2, 1970. 84 Stat. 886, substituted "November 1, 1970" for "October 1 1970"; Sec. 1(a) of Public Law 91-473, approved October 21, 1970, 84 Stat. 1064, sub stituted "December 1, 1970" for "November 1, 1970"; Sec. 1(a) of Public Law 91-525 approved December 1, 1970, 84 Stat. 1384, substituted "January 1, 1971" for "December 1970"; and sec. 101 (a), Housing and Urban Development Act of 1970, Public Law 91-609 approved December 31, 1970, 84 Stat. 1770, substituted "October 1, 1972" for "January 1 1971". Sec. 1(a) of Public Law 92-503, approved October 18, 1972, 86 Stat. 906, substituted "June 30, 1973" for "October 1, 1972". Sec. 1(a) of Public Law 93-85, approved August 10, 1973, 87 Stat. 220, substituted "October 1, 1973" for "June 30, 1973". Sec. 1(a) of Public Law 93-117, approved October 2, 1973, 87 Stat. 421, substituted "October 1, 1974 for "October 1, 1973". Sec. 316(a) of Housing and Community Development Act of 1974 Public Law 93-383. 88 Stat. 633, approved August 22, 1974, substituted "June 30, 1977" for "October 1, 1974"; Public Law 95-60, approved June 30, 1977, substituted "August 1977" for "June 30, 1977"; Public Law 95-80 approved July 31, 1977 substituted "Octo ber 1, 1977" for "August 1, 1977": Housing and Community Development Act of 1977. Public Law 95-128, approved October 12, 1977 substituted "October 1, 1978" for "October 1. 1979."; Housing and Community Development Amendments of 1978. Sec. 301(a), Public Law 95-557, 92 Stat. 2080, approved October 31, 1978, substituted "October 1, 1979 for "October 1, 1978." 2 mobile homes1 and the building of new structures, upon urban, suburban, or rural real property (including the restoration, rehabilitation, rebuilding, and replacement of such improvements which have been damaged or destroyed by earthquake, conflagration, tornado, hurricane, cyclone, flood, or other catastrophe), by the owners thereof or by lessees of such real property under a lease expiring not less than six months after the maturity of the loan or advance of credit; and 2 for the purpose of (ii) financing the purchase of a mobile home to be used by the owner as his principal residence or financing the purchase of a lot on which to place such home and paying expenses reasonably necessary for the appropriate preparation of such lot, including the installation of utility connections, sanitary facilities, and paving, and the construction of a suitable pad, or financing only the acquisition of such a lot either with or without such preparation by an owner of a mobile home; and for the purpose of financing the preservation of historic structures, and, as used in this section, the term "historic structures" means residential structures which are registered in the National Register of Historic Places or which are certified by the Secretary of the Interior to conform to National Register criteria; and the term "preservation" means restoration or rehabilitation undertaken for such purposes as are approved by the Secretary in regulations issued by him, after consulting with the Secretary of the Interior.* 5 In no case shall the insurance granted by the Secretary under this section to any such financial institution on loans, advances of credit, and purchases made by such financial institution for such purposes on and after July 1, 1939, exceed 10 per centum of the total amount of such loans, advances of credit, and purchases: Provided, That with respect to any loan, advance of credit, or purchase made after the effective date of the Housing Act of 1954, the amount of any claim for loss on any such individual loan, advance of credit, or purchase paid by the Secretary under the provisions of this section to a lending institution shall not exceed 90 per centum of such loss." After the effective date of the Housing Act of 1954, (i) the Secretary shall not enter into contracts for insurance pursuant to this section except with lending institutions which are subject to the inspection and supervision of a governmental agency required by law to make periodic examinations of their books and accounts, and which the 1Sec. 309 (e) of Housing and Community Development Act of 1974, Public Law 93-383, 88 Stat. 633, approved August 22, 1974, inserted the words "or mobile homes". Sec. 103(c) (2), Housing and Urban Development Act of 1969, Public Law 91-152, pproved December 24, 1969, 83 Stat. 379, 380, inserted "; and for the purpose of (11) ancing the purchase of a mobile home to be used by the owner as his principal residence". Sec. 309 (b) (2) of Housing and Community Development Act of 1974, Public Law -383, 88 Stat. 633, approved August 22, 1974, amended the first sentence of this sub section. *Sec. 4(a)(1) of Emergency Home Purchase Assistance Act of 1974, Public Law 93-449, Stat. 1364, approved October 18, 1974, amended the first sentence of this section. This proviso added by sec. 101(a), Housing Act of 1954, Public Law 560, 83d Conpress, approved August 2, 1954, 68 Stat. 590. See 101(b), Housing Act of 1954, Public Law 560, 83d Congress, approved August 2, 1954, 68 Stat. 590, provided that as used in this section 2(a) the "effective date of the Heusing Act of 1954" should mean "the first day after the first full calendar month followthe date of approval of the Housing Act of 1954" (August 2, 1954). Sec. 2(a) of Public Law 86-788, approved September 14, 1960, 74 Stat. 1027, 1028. deleted the last sentence of subsection (a) which read: "The aggregate amount of all , advances of credit, and obligations purchased, exclusive of financing charges, with pect to which insurance may be heretofore or hereafter granted under this section and tstanding at any one time shall not exceed $1,750,000,000. This paragraph added by sec. 101(a) of the Housing Act of 1954, Public Law 560, 83d Congress, approved August 2, 1954, 68 Stat. 590. Sec. 101(b) of the Housing Act of 1954, Public Law 560, 83d Congress, approved August 1954, 68 Stat. 590, provided that as used in this section 2(a) the "effective date of Housing Act of 1954" should mean "the first day after the first full calendar month following the date of approval of the Housing Act of 1954" (August 2, 1954). |