Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Veterans Affairs and Housing and Urban
Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fis-
cal year ending September 30, 2004, and for other pur-
poses, namely:
TITLE I—DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION, PENSION AND BURIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation benefits to or on
behalf of veterans and a pilot program for disability ex-
aminations as authorized by law (38 U.S.C. 107, chapters
11, 13, 18, 51, 53, 55, and 61); pension benefits to or
on behalf of veterans as authorized by law (38 U.S.C.
chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur-
ial benefits, emergency and other officers’ retirement pay,
adjusted-service credits and certificates, payment of pre-
miums due on commercial life insurance policies guaran-
teed under the provisions of article IV of the Soldiers’ and
Sailors’ Civil Relief Act of 1940 (50 U.S.C. App. 540 et
seq.) and for other benefits as authorized by law (38
U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 53,
55, and 61; 50 U.S.C. App. 540–548; 43 Stat. 122, 123;
45 Stat. 735; 76 Stat. 1198), $29,845,127,000, to remain
available until expended: Provided, That not to exceed
$17,617,000 of the amount appropriated under this head-
ing shall be reimbursed to ‘‘General operating expenses’’
and ‘‘Medical services for priority 1–6 veterans’’ for nec-
essary expenses in implementing those provisions author-
ized in the Omnibus Budget Reconciliation Act of 1990,
and in the Veterans’ Benefits Act of 1992 (38 U.S.C.
chapters 51, 53, and 55), the funding source for which
is specifically provided as the ‘‘Compensation, pension and
burial benefits’’ appropriation: Provided further, That such
sums as may be earned on an actual qualifying patient
basis, shall be reimbursed to ‘‘Medical facilities revolving
fund’’ to augment the funding of individual medical facili-
ties for nursing home care provided to pensioners as au-
thorized.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation
benefits to or on behalf of veterans as authorized by law
(38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53,
55, and 61), $2,529,734,000, to remain available until ex-
pended: Provided, That expenses for rehabilitation pro-
gram services and assistance which the Secretary is au-
thorized to provide under section 3104(a) of title 38,
United States Code, other than under subsection (a)(1),
(2), (5), and (11) of that section, shall be charged to this
account.
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life
insurance, servicemen’s indemnities, service-disabled vet-
erans insurance, and veterans mortgage life insurance as
authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72
Stat. 487, $29,017,000, to remain available until ex-
pended.
VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct and guaranteed loans, such
sums as may be necessary to carry out the program, as
authorized by 38 U.S.C. chapter 37, subchapters I–III,
as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended:
Provided further, That during fiscal year 2004, within the
resources available, not to exceed $300,000 in gross obli-
gations for direct loans are authorized for specially adapt-
ed housing loans, 38 U.S.C. 3711(i).
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $154,850,000,
which may be transferred to and merged with the appro-
priation for ‘‘General operating expenses’’.
EDUCATION LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $1,000, as authorized
by 38 U.S.C. 3698, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act
of 1974, as amended: Provided further, That these funds
are available to subsidize gross obligations for the prin-
cipal amount of direct loans not to exceed $3,400.
In addition, for administrative expenses necessary to
carry out the direct loan program, $70,000, which may
be transferred to and merged with the appropriation for
‘‘General operating expenses’’.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $52,000, as authorized
by 38 U.S.C. chapter 31, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act
of 1974, as amended: Provided further, That funds made
available under this heading are available to subsidize
gross obligations for the principal amount of direct loans
not to exceed $3,938,000.
In addition, for administrative expenses necessary to
carry out the direct loan program, $300,000, which may
be transferred to and merged with the appropriation for
‘‘General operating expenses’’.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the direct
loan program authorized by 38 U.S.C. chapter 37, sub-
chapter V, as amended, $571,000, which may be trans-
ferred to and merged with the appropriation for ‘‘General
operating expenses’’: Provided, That no new loans in ex-
cess of $40,000,000 may be made in fiscal year 2004.
GUARANTEED TRANSITIONAL HOUSING LOANS FOR
HOMELESS VETERANS PROGRAM ACCOUNT
For the administrative expenses to carry out the
guaranteed transitional housing loan program authorized
by 38 U.S.C. chapter 37, subchapter VI, not to exceed
$350,000 of the amounts appropriated by this Act for
‘‘General operating expenses’’ and ‘‘Medical services for
priority 1–6 veterans) may be expended.
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES FOR PRIORITY 1–6 VETERANS
For necessary expenses for furnishing, as authorized
by law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs other
than veterans described in paragraphs (7) and (8) of sec-
tion 1705(a) of title 38, United States Code, including
care and treatment in facilities not under the jurisdiction
of the department and including medical supplies and
equipment and salaries and expenses of health-care em-
ployees hired under title 38, United States Code, and aid
to State homes as authorized by section 1741 of title 38,
United States Code; $15,779,220,000, plus reimburse-
ments: Provided, That of the funds made available under
this heading, not less than $200,000,000 is for the equip-
ment object classification, which amount shall not become
available for obligation until August 1, 2004, and shall
remain available until September 30, 2005: Provided fur-
ther, That of the funds made available under this heading,
not to exceed $700,000,000 shall be available until Sep-
tember 30, 2005.
MEDICAL SERVICES FOR PRIORITY 7–8 VETERANS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for furnishing, as authorized
by law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs who
are veterans described in paragraphs (7) and (8) of section
1705(a) of title 38, United States Code, including care
and treatment in facilities not under the jurisdiction of
the Department and including medical supplies and equip-
ment and salaries and expenses of health-care employees
hired under title 38, United States Code, and aid to State
homes as authorized by section 1741 of title 38, United
et seq.); $4,854,000,000, of which $300,000,000 shall be
available until September 30, 2005, plus reimbursements:
Provided, That funds available under this heading may be
transferred to ‘‘Medical Services for Priority 1–6 Vet-
erans’’ or to ‘‘Medical Services for Priority 7–8 Veterans’’
after notice of the amount and purpose of the transfer
is provided to the Committees on Appropriations of the
Senate and House of Representatives and a period of 30
days has elapsed.
MEDICAL FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the maintenance and op-
eration of hospitals, nursing homes, and domiciliary facili-
ties and other necessary facilities for the Veterans Health
Administration; for administrative expenses in support of
planning, design, project management, real property ac-
quisition and disposition, construction and renovation of
any facility under the jurisdiction or for the use of the
department; for oversight, engineering and architectural
activities not charged to project costs; for repairing, alter-
ing, improving or providing facilities in the several hos-
pitals and homes under the jurisdiction of the department,
not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials;
for leases of facilities; and for laundry and food services,
$4,000,000,000: Provided, That of the funds made avail-
able under this heading, not less than $80,000,000 is for
the land and structures object classification, which amount
shall not become available for obligation until August 1,
2004, and shall remain available until September 30,
2005: Provided further, That funds available under this
heading may be transferred to ‘‘Medical Services for Pri-
ority 1–6 Veterans’’ or to ‘‘Medical Services for Priority
7–8 Veterans’’ after notice of the amount and purpose of
the transfer is provided to the Committees on Appropria-
tions of the Senate and House of Representatives and a
period of 30 days has elapsed.
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department
of Veterans Affairs, not otherwise provided for, including
administrative expenses in support of department-wide
capital planning, management and policy activities, uni-
forms or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of pas-
senger motor vehicles; and reimbursement of the General
Services Administration for security guard services, and
the Department of Defense for the cost of overseas em-
ployee mail, $1,283,272,000: Provided, That expenses for
services and assistance authorized under 38 U.S.C.
3104(a)(1), (2), (5), and (11) that the Secretary deter-
mines are necessary to enable entitled veterans: (1) to the
maximum extent feasible, to become employable and to ob-
tain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged
to this account: Provided further, That the Veterans Bene-
fits Administration shall be funded at not less than
$1,005,000,000: Provided further, That of the funds made
available under this heading, not to exceed $66,000,000
shall be available for obligation until September 30, 2005:
Provided further, That from the funds made available
under this heading, the Veterans Benefits Administration
may purchase up to two passenger motor vehicles for use
in operations of that Administration in Manila, Phil-
ippines: Provided further, That travel expenses for this ac-
count shall not exceed $17,082,000.
NATIONAL CEMETERY ADMINISTRATION
For necessary expenses of the National Cemetery Ad-
ministration for operations and maintenance, not other-
wise provided for, including uniforms or allowances there-
for; cemeterial expenses as authorized by law; purchase
of one passenger motor vehicle for use in cemeterial oper-
ations; 
and 
hire 
of 
passenger 
motor 
vehicles,
$144,223,000, to remain available until September 30,
2005.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $61,750,000, to remain
available until September 30, 2005.
CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending and improving
any of the facilities under the jurisdiction or for the use
of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102,
8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
United States Code, including planning, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees pro-
vided under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, where the estimated cost of a project is
$4,000,000 or more or where funds for a project were
made available in a previous major project appropriation,
$274,690,000, to remain available until expended, of
which $173,000,000 shall be for Capital Asset Realign-
ment for Enhanced Services (CARES) activities; and of
which $10,000,000 shall be to make reimbursements as
provided in 41 U.S.C. 612 for claims paid for contract
disputes: Provided, That except for advance planning ac-
tivities, including needs assessments which may or may
not lead to capital investments, and other capital asset
management related activities, such as portfolio develop-
ment and management activities, and investment strategy
studies funded through the advance planning fund and the
planning and design activities funded through the design
fund and CARES funds, including needs assessments
which may or may not lead to capital investments, none
of the funds appropriated under this heading shall be used
for any project which has not been approved by the Con-
gress in the budgetary process: Provided further, That
funds provided in this appropriation for fiscal year 2004,
for each approved project (except those for CARES activi-
ties referenced above) shall be obligated: (1) by the award-
ing of a construction documents contract by September
30, 2004; and (2) by the awarding of a construction con-
tract by September 30, 2004: Provided further, That the
Secretary of Veterans Affairs shall promptly report in
writing to the Committees on Appropriations any ap-
proved major construction project in which obligations are
not incurred within the time limitations established above:
Provided further, That no funds from any other account
except the ‘‘Parking revolving fund’’, may be obligated for
constructing, altering, extending, or improving a project
which was approved in the budget process and funded in
this account until one year after substantial completion
and beneficial occupancy by the Department of Veterans
Affairs of the project or any part thereof with respect to
that part only.
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving
any of the facilities under the jurisdiction or for the use
of the Department of Veterans Affairs, including planning
and assessments of needs which may lead to capital invest-
ments, architectural and engineering services, mainte-
nance or guarantee period services costs associated with
equipment guarantees provided under the project, services
of claims analysts, offsite utility and storm drainage sys-
tem construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406, 8102,
8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title
38, United States Code, where the estimated cost of a
project is less than $4,000,000, $252,144,000, to remain
available until expended, along with unobligated balances
of previous ‘‘Construction, minor projects’’ appropriations
which are hereby made available for any project where the
estimated cost is less than $4,000,000, of which
$35,000,000 shall be for Capital Asset Realignment for
Enhanced Services (CARES) activities: Provided, That
from amounts appropriated under this heading, additional
amounts may be used for CARES activities upon notifica-
tion of and approval by the Committees on Appropria-
tions: Provided further, That funds in this account shall
be available for: (1) repairs to any of the nonmedical facili-
ties under the jurisdiction or for the use of the Depart-
ment which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.
PARKING REVOLVING FUND
For the parking revolving fund as authorized by 38
U.S.C. 8109, income from fees collected, to remain avail-
able until expended, which shall be available for all author-
ized expenses except operations and maintenance costs,
which will be funded from ‘‘Medical facilities’’.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE
FACILITIES
For grants to assist States to acquire or construct
State nursing home and domiciliary facilities and to re-
model, modify or alter existing hospital, nursing home and
domiciliary facilities in State homes, for furnishing care
to veterans as authorized by 38 U.S.C. 8131–8137,
$102,100,000, to remain available until expended.
GRANTS FOR THE CONSTRUCTION OF STATE VETERANS
CEMETERIES
For grants to aid States in establishing, expanding,
or improving State veterans cemeteries as authorized by
38 U.S.C. 2408, $32,000,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. Any appropriation for fiscal year 2004 for
‘‘Compensation, pension and burial benefits’’, ‘‘Readjust-
ment benefits’’, and ‘‘Veterans insurance and indemnities’’
may be transferred to any other of the mentioned appro-
priations.
SEC. 102. Appropriations available to the Depart-
ment of Veterans Affairs for fiscal year 2004 for salaries
and expenses shall be available for services authorized by
5 U.S.C. 3109 hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances
therefore, as authorized by 5 U.S.C. 5901–5902.
SEC. 103. No appropriations in this Act for the De-
partment of Veterans Affairs (except the appropriations
for ‘‘Construction, major projects’’, ‘‘Construction, minor
projects’’, and the ‘‘Parking revolving fund’’) shall be
available for the purchase of any site for or toward the
construction of any new hospital or home.
SEC. 104. No appropriations in this Act for the De-
partment of Veterans Affairs shall be available for hos-
pitalization or examination of any persons (except bene-
ficiaries entitled under the laws bestowing such benefits
to veterans, and persons receiving such treatment under
5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless re-
imbursement of cost is made to the Medical care collec-
tions fund account at such rates as may be fixed by the
Secretary of Veterans Affairs.
SEC. 105. Appropriations available to the Depart-
ment of Veterans Affairs for fiscal year 2004 for ‘‘Com-
pensation, pension and burial benefits’’, ‘‘Readjustment
benefits’’, and ‘‘Veterans insurance and indemnities’’ shall
be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year
2003.
SEC. 106. Appropriations accounts available to the
Department of Veterans Affairs for fiscal year 2004 shall
be available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from title X
of the Competitive Equality Banking Act, Public Law
100–86, except that if such obligations are from trust
fund accounts they shall be payable from ‘‘Compensation,
pension and burial benefits’’.
SEC. 107. Notwithstanding any other provision of
law, during fiscal year 2004, the Secretary of Veterans
Affairs shall, from the National Service Life Insurance
Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur-
ance Fund (38 U.S.C. 1923), and the United States Gov-
ernment Life Insurance Fund (38 U.S.C. 1955), reim-
burse the ‘‘General operating expenses’’ account for the
cost of administration of the insurance programs financed
through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated
in an insurance program in fiscal year 2004 that are avail-
able for dividends in that program after claims have been
paid and actuarially determined reserves have been set
aside: Provided further, That if the cost of administration
of an insurance program exceeds the amount of surplus
earnings accumulated in that program, reimbursement
shall be made only to the extent of such surplus earnings:
Provided further, That the Secretary shall determine the
cost of administration for fiscal year 2004 which is prop-
erly allocable to the provision of each insurance program
and to the provision of any total disability income insur-
ance included in such insurance program.
SEC. 108. Notwithstanding any other provision of
law, the Department of Veterans Affairs shall continue the
Franchise Fund pilot program authorized to be estab-
lished by section 403 of Public Law 103–356 until Octo-
ber 1, 2004: Provided, That the Franchise Fund, estab-
lished by title I of Public Law 104–204 to finance the
operations of the Franchise Fund pilot program, shall con-
tinue until October 1, 2004.
SEC. 109. Amounts deducted from enhanced-use
lease proceeds to reimburse an account for expenses in-
curred by that account during a prior fiscal year for pro-
viding enhanced-use lease services, may be obligated dur-
ing the fiscal year in which the proceeds are received.
SEC. 110. Funds available in any Department of Vet-
erans Affairs appropriation for fiscal year 2004 or funds
for salaries and other administrative expenses shall also
be available to reimburse the Office of Resolution Manage-
ment and the Office of Employment Discrimination Com-
plaint Adjudication for all services provided at rates which
will recover actual costs but not exceed $29,318,000 for
the Office of Resolution Management and $3,010,000 for
the Office of Employment and Discrimination Complaint
Adjudication: Provided, That payments may be made in
advance for services to be furnished based on estimated
costs: Provided further, That amounts received shall be
credited to ‘‘General operating expenses’’ for use by the
office that provided the service.
SEC. 111. No appropriations in this Act for the De-
partment of Veterans Affairs shall be available to enter
into any new lease of real property if the estimated annual
rental is more than $300,000 unless the Secretary submits
a report which the Committees on Appropriations of the
Congress approve within 30 days following the date on
which the report is received.
SEC. 112. No appropriations in this Act for the De-
partment of Veterans Affairs shall be available for hos-
pitalization or treatment of any person by reason of eligi-
bility under section 1710(a)(3) of title 38, United States
Code, unless that person has disclosed to the Secretary
of Veterans Affairs, in such form as the Secretary may
require—
(1) current, accurate third-party reimbursement
information for purposes of section 1729 of such
title; and
(2) annual income information for purposes of
section 1722 of such title.
SEC. 113. Of the amounts provided in this Act,
$25,000,000 shall be for information technology initiatives
to support the enterprise architecture of the Department
of Veterans Affairs.
SEC. 114. Notwithstanding any other provision of
law, the Secretary of Veterans Affairs may establish a pri-
ority for treatment for veterans who have service-con-
nected disability, who are lower-income veterans, or who
have special needs.
SEC. 115. (a) The Secretary of Veterans Affairs shall
conduct by contract a program of recovery audits for the
fee basis and other medical services contracts with respect
to payments for hospital care. Notwithstanding section
3302(b) of title 31, United States Code, amounts col-
lected, by setoff or otherwise, as the result of such audits
shall be available, without fiscal year limitation, for the
purposes for which funds are appropriated under ‘‘Medical
services for priority 7–8 veterans’’ and the purposes of
paying a contractor a percent of the amount collected as
a result of an audit carried out by the contractor.
(b) All amounts so collected under subsection (a) with
respect to a designated health care region (as that term
is defined in section 1729A(d)(2) of title 38, United States
Code) shall be allocated, net of payments to the con-
tractor, to that region.
SEC. 116. Amounts made available for Medical Serv-
ices are available—
(1) for furnishing veterans provided Medical
Services with recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and
other expenses incidental to funerals and burials for
beneficiaries receiving care in the department.
SEC. 117. Balances in excess of $1,500,000,000 in
the Medical Care Collections Fund as of August 1, 2004
shall be transferred to ‘‘Medical services for priority 7–
8 veterans’’ for the purposes under that heading to be
available until expended.
SEC. 118. Amounts made available for fiscal year
2004 under the ‘‘Medical services for priority 1–6 vet-
erans’’ and ‘‘Medical services for priority 7–8 veterans’’
accounts may be transferred between either account to the
extent necessary to implement the restructuring of the
Veterans Health Administration accounts after notice of
the amount and purpose of the transfer is provided to the
Committees on Appropriations of the Senate and House
of Representatives and a period of 30 days has elapsed:
Provided, That the limitation on transfers is ten percent
in fiscal year 2004.
SEC. 119. The Department of Veterans Affairs med-
ical center in Houston, Texas, shall after the date of the
enactment of this Act be known as designated as the ‘‘Mi-
chael E. DeBakey Department of Veterans Affairs Med-
ical Center’’. Any reference in any law, regulation, map,
document, record, or other paper of the United States to
such medical center shall be considered to be a reference
to the Michael E. DeBakey Department of Veterans Af-
fairs Medical Center.
SEC. 120. The Secretary of Veterans Affairs shall
maximize, to the greatest extent possible, sharing agree-
ments for services, programs and facilities with the De-
partment of Defense, particularly in areas where facilities
and/or targeted populations are in close proximity: Pro-
vided, That the Secretary of Veterans Affairs shall submit
a report to the Committees on Appropriations no later
than December 1, 2003, detailing restrictive regulations,
policies, and regulatory redundancies that inhibit resource
sharing, and provide milestone dates to address each iden-
tified issue.
TITLE II—DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
PUBLIC AND INDIAN HOUSING
HOUSING CERTIFICATE FUND
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
For activities and assistance under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et
seq.) (‘‘the Act’’ herein), not otherwise provided for,
$18,430,606,000 (increased by $150,000,000), and
amounts that are recaptured in this account, to remain
available until expended: Provided, That of the amounts
made available under this heading, $14,230,606,000 (in-
creased by $150,000,000) and the aforementioned recap-
tures shall be available on October 1, 2003 and
$4,200,000,000 shall be available on October 1, 2004:
Provided further, That amounts made available under this
heading are provided as follows:
(1) 
$16,295,578,000 
(increased 
by
$150,000,000) for expiring or terminating section 8
project-based subsidy contracts (including section 8
moderate rehabilitation contracts), for amendments
to section 8 project-based subsidy contracts, for con-
tracts entered into pursuant to section 441 of the
McKinney-Vento Homeless Assistance Act, for the
renewal of section 8 contracts for units in projects
that are subject to approved plans of action under
the Emergency Low Income Housing Preservation
Act of 1987 or the Low-Income Housing Preserva-
tion and Resident Homeownership Act of 1990, and
for renewals of expiring section 8 tenant-based an-
nual contributions contracts (including amendments
and renewals of enhanced vouchers under any provi-
sion of law authorizing such assistance under section
8(t) of the Act (42 U.S.C. 1437f(t))): Provided,
That notwithstanding any other provision of law, the
Secretary shall renew expiring section 8 tenant-
based annual contributions contracts for each public
housing agency, (including for agencies participating
in the Moving to Work demonstration, unit months
representing section 8 tenant-based assistance funds
committed by the public housing agency for specific
purposes, other than reserves, that are authorized
pursuant to any agreement and conditions entered
into under such demonstration, and utilized in com-
pliance with any applicable program obligation dead-
lines) based on the total number of unit months
which were under lease as reported on the most re-
cent end-of-year financial statement submitted by
the public housing agency to the Department, ad-
justed by such additional information submitted by
the public housing agency to the Secretary which the
Secretary determines to be timely and reliable re-
garding the total number of unit months under lease
at the time of renewal of the annual contributions
contract, and by applying an inflation factor based
on local or regional factors to the actual per unit
cost as reported on such statement: Provided further,
That none of the funds made available in this para-
graph may be used to support a total number of unit
months under lease which exceeds a public housing
agency’s authorized level of units under contract;
(2) $568,503,000 for a central fund to be allo-
cated by the Secretary for amendments to section 8
tenant-based annual contributions contracts for such
purposes set forth in this paragraph: Provided, That
subject to the following proviso, the Secretary may
use amounts made available in such fund, as nec-
essary, for contract amendments resulting from a
significant increase in the per unit cost of vouchers
or an increase in the total number of unit months
under lease as compared to the per unit cost or the
total number of unit months provided for by the an-
nual contributions contract: Provided further, That if
a public housing agency, at any point in time during
their fiscal year, has obligated the amounts made
available to such agency pursuant to paragraph (1)
under this heading for the renewal of expiring sec-
tion 8 tenant-based annual contributions contracts,
and if such agency has expended fifty percent of the
amounts available to such agency in its annual con-
tributions contract reserve account, the Secretary
shall make available such amounts as are necessary
from amounts available from such central fund to
fund amendments under the preceding proviso with-
in thirty days of a request from such agency: Pro-
vided further, That none of the funds made available
in this paragraph may be used to support a total
number of unit months under lease which exceeds a
public housing agency’s authorized level of units
under contract: Provided further, That the Secretary
shall provide quarterly reports to the Committees on
Appropriations of the House and the Senate on the
obligation of funds provided in this paragraph in ac-
cordance with the directions specified in the report
accompanying this Act;
(3) $206,495,100 for section 8 rental assistance
for relocation and replacement of housing units that
are demolished or disposed of pursuant to the Omni-
bus Consolidated Rescissions and Appropriations Act
of 1996 (Public Law 104–134), conversion of section
23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act,
relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursu-
ant to a request from a law enforcement or prosecu-
tion agency, enhanced vouchers under any provision
of law authorizing such assistance under section 8(t)
of the Act (42 U.S.C.1437f(t)), and tenant protec-
tion assistance, including replacement and relocation
assistance;
(4) $48,000,000 for family self-sufficiency coor-
dinators under section 23 of the Act;
(5) not to exceed $1,209,020,000 for adminis-
trative and other expenses of public housing agencies
in administering the section 8 tenant-based rental
assistance program: Provided, That, notwithstanding
any other provision of law or regulation, the Sec-
retary shall allocate funds provided in this para-
graph among public housing agencies in a manner
prescribed by the Secretary: Provided further, That
none of the funds provided in this Act or any other
Act may be used to supplement the amounts pro-
vided in this paragraph: Provided further, That,
hereafter, the Secretary shall recapture any funds
provided under this heading in this Act or any other
Act for administrative fees and other expenses from
a public housing agency which are in excess of the
amounts expended by such agency for the section 8
tenant-based rental assistance program and not oth-
erwise needed to maintain an administrative fee re-
serve account balance of not to exceed five percent:
Provided further, That all such administrative fee
amounts provided under this paragraph shall be only
for activities directly related to the provision of rent-
al assistance under section 8;
(6) $100,000,000 for contract administrators
for section 8 project-based assistance; and
(7) not less than $3,010,000 shall be trans-
ferred to the Working Capital Fund for the develop-
ment of and modifications to information technology
systems which serve programs or activities under
‘‘Public and Indian Housing’’: Provided, That the
Secretary may transfer up to 15 percent of funds
provided under paragraphs (1), (2) or (5), herein to
paragraphs (1) or (2), if the Secretary determines
that such action is necessary because the funding
provided under one such paragraph otherwise would
be depleted and as a result, the maximum utilization
of section 8 tenant-based assistance with the funds
appropriated for this purpose by this Act would not
be feasible: Provided further, That prior to under-
taking the transfer of funds in excess of 10 percent
from any paragraph pursuant to the previous pro-
viso, the Secretary shall notify the Chairman and
Ranking Member of the Subcommittees on Veterans
Affairs and Housing and Urban Development, and
Independent Agencies of the Committees on Appro-
priations of the House of Representatives and the
Senate and shall not transfer any such funds until
30 days after such notification: Provided further,
That incremental vouchers previously made available
under this heading for non-elderly disabled families
shall, to the extent practicable, continue to be pro-
vided to non-elderly disabled families upon turnover:
Provided further, That $1,372,000,000 is rescinded
from unobligated balances remaining from funds ap-
propriated to the Department of Housing and Urban
Development under this heading or the heading
‘‘Annual contributions for assisted housing’’ or any
other heading for fiscal year 2003 and prior years,
to be effected by the Secretary no later than Sep-
tember 30, 2004: Provided further, That any such
balances governed by reallocation provisions under
the statute authorizing the program for which the
funds were originally appropriated shall be available
for the rescission: Provided further, That any obli-
gated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be
cancelled.
PUBLIC HOUSING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
For the Public Housing Capital Fund Program to
carry out capital and management activities for public
housing agencies, as authorized under section 9 of the
United States Housing Act of 1937, as amended (42
U.S.C. 1437g) (the ‘‘Act’’) $2,712,255,000, to remain
available until September 30, 2007: Provided, That of the
total amount provided under this heading, in addition to
amounts 
otherwise 
allocated 
under 
this 
heading,
$429,000,000 shall be allocated for such capital and man-
agement activities only among public housing agencies
that have obligated all assistance for the agency for fiscal
years 2001 and 2002 made available under this same
heading in accordance with the requirements under para-
graphs (1) and (2) of section 9(j) of such Act: Provided
further, That notwithstanding any other provision of law
or regulation, during fiscal year 2004, the Secretary may
not delegate to any Department official other than the
Deputy Secretary any authority under paragraph (2) of
such section 9(j) regarding the extension of the time peri-
ods under such section for obligation of amounts made
available for fiscal year 1998, 1999, 2000, 2001, 2002,
2003, or 2004: Provided further, That with respect to any
amounts made available under the Public Housing Capital
Fund for fiscal year 1999, 2000, 2001, 2002, 2003, or
2004 that remain unobligated in violation of paragraph
(1) of such section 9(j) or unexpended in violation of para-
graph (5)(A) of such section 9(j), the Secretary shall re-
capture any such amounts and reallocate such amounts
among public housing agencies determined under section
6(j) of the Act to be high-performing: Provided further,
That for purposes of this heading, the term ‘‘obligate’’
means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays,
immediately or in the future: Provided further, That if the
Secretary issues a regulation for effect implementing sec-
tion 9(j) of the United States Housing Act of 1937 (42
U.S.C. 1437g(j)), the first and third provisos under this
heading shall cease to be effective: Provided further, That
of the total amount provided under this heading, up to
$51,000,000 shall be for carrying out activities under sec-
tion 9(h) of such Act, of which $13,000,000 shall be for
the provision of remediation services to public housing
agencies identified as ‘‘troubled’’ under the Section 8
Management Assessment Program and for surveys used
to calculate local Fair Market Rents and assess housing
conditions in connection with rental assistance under sec-
tion 8 of the Act: Provided further, That of the total
amount provided under this heading, up to $500,000 shall
be for lease adjustments to section 23 projects, and no
less than $10,610,000 shall be transferred to the Working
Capital Fund for the development of and modifications to
information technology systems which serve programs or
activities under ‘‘Public and Indian housing’’: Provided
further, That no funds may be used under this heading
for the purposes specified in section 9(k) of the United
States Housing Act of 1937, as amended: Provided fur-
ther, That of the total amount provided under this head-
ing, up to $40,000,000 shall be available for the Secretary
of Housing and Urban Development to make grants to
public housing agencies for emergency capital needs re-
ing the filing or maintaining of a non-frivolous legal ac-
tion, that is engaged in solely for the purpose of achieving
or preventing action by a Government official or entity,
or a court of competent jurisdiction.
SEC. 203. (a) Notwithstanding section 854(c)(1)(A)
of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)(1)(A)), from any amounts made available under
this title for fiscal year 2004 that are allocated under such
section, the Secretary of Housing and Urban Development
shall allocate and make a grant, in the amount determined
under subsection (b), for any State that—
(1) received an allocation in a prior fiscal year
under clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for
fiscal year 2004 under such clause (ii) because the
areas in the State outside of the metropolitan statis-
tical areas that qualify under clause (i) in fiscal year
2004 do not have the number of cases of acquired
immunodeficiency syndrome (AIDS) required under
such clause.
(b) The amount of the allocation and grant for any
State described in subsection (a) shall be an amount based
on the cumulative number of AIDS cases in the areas of
that State that are outside of metropolitan statistical
areas that qualify under clause (i) of such section