H. R. 2673—370
recaptured in this account, to remain available until expended:
Provided, That of the amounts made available under this heading,
$15,171,481,762 and the aforementioned recaptures shall be avail-
able 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) $17,635,130,745 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 contracts 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 Emer-
gency Low Income Housing Preservation Act of 1987 or the
Low-Income Housing Preservation and Resident Homeowner-
ship Act of 1990, and for renewals of expiring section 8 tenant-
based annual contributions contracts (including amendments
and renewals of enhanced vouchers under any provision 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 sec-
tion 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 compli-
ance with any applicable program obligation deadlines) based
on the total number of unit months which were under lease
as reported on the most recent end-of-year financial statement
submitted by the public housing agency to the Department,
or as adjusted by such additional information submitted by
the public housing agency to the Secretary as of August 1,
2003 (subject to verification), and by applying an inflation
factor based on local or regional factors to the actual per unit
cost: Provided 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;
(2) $136,846,017 for a central fund to be allocated by the
Secretary for amendments to section 8 tenant-based annual
contributions contracts for such purposes set forth in this para-
graph: Provided, That subject to the following proviso, the
Secretary may use amounts made available in such fund, as
necessary, for an increase in the total number of unit months
under lease as compared to the number of unit months under
lease as of August 1, 2003, provided for by the annual contribu-
tions 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 para-
graph (1) under this heading for the renewal of expiring section
8 tenant-based annual contributions contracts, and if such
agency has expended 50 percent of the amounts available to
such agency in its annual contributions contract reserve
account, the Secretary may only make available amounts as
are necessary from amounts available from such central fund
H. R. 2673—371
to fund additional leased units under the preceding proviso
within thirty days of a request from such agency: 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: Provided further, That the Sec-
retary 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 accordance with the
directions specified in the report accompanying this Act;
(3) $206,495,000 for section 8 rental assistance for reloca-
tion and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescis-
sions 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 pursuant to a request
from a law enforcement or prosecution 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
protection assistance, including replacement and relocation
assistance;
(4) $48,000,000 for family self-sufficiency coordinators
under section 23 of the Act;
(5) not to exceed $1,242,000,000 for administrative and
other expenses of public housing agencies in administering
the section 8 tenant-based rental assistance program, of which
up to $50,000,000 shall be available to the Secretary to allocate
to public housing agencies that need additional funds to admin-
ister their section 8 programs: Provided, That not to exceed
$1,192,000,000 of the amount provided in this paragraph shall
be allocated on a pro rata basis to public housing agencies
based on the amount public housing agencies were eligible
to receive in fiscal year 2003 without regard to the reduction
required for excess administrative fee balances: Provided fur-
ther, That, amounts under this paragraph shall be distributed
according to the requirements of this paragraph and notwith-
standing any other provision of law: Provided further, That
none of the funds provided in this Act or any other Act may
be used to supplement the amounts provided in this paragraph:
Provided further, That all such administrative fee amounts
provided under this paragraph shall be only for activities
related to the provision of rental assistance under section 8,
including related development activities;
(6) $100,000,000 for contract administrators for section 8
project-based assistance; and
(7) not less than $3,010,000 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, 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
H. R. 2673—372
because the funding provided under one such paragraph other-
wise would be depleted and as a result, the maximum utiliza-
tion of section 8 tenant-based assistance with the funds appro-
priated for this purpose by this Act would not be feasible:
Provided further, That prior to undertaking the transfer of
funds in excess of 10 percent from any paragraph pursuant
to the previous proviso, the Secretary shall notify the Chairman
and Ranking Member of the Subcommittees on Veterans Affairs
and Housing and Urban Development, and Independent Agen-
cies of the Committees on Appropriations of the House of Rep-
resentatives 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 provided to non-elderly dis-
abled families upon turnover: Provided further, That, hereafter,
the Secretary shall require public housing agencies to submit
accounting data for funds disbursed under this heading in
this Act and prior Acts by source and purpose of such funds:
Provided further, That $2,844,000,000 is rescinded from unobli-
gated balances remaining from funds appropriated 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 September
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 not-
withstanding 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 and the Assistant Secretary
for Public and Indian Housing any authority under paragraph (2)
of section 9(j) regarding the extension of the time periods under
such section: Provided further, That for purposes of such section
9(j), 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 of
the total amount provided under this heading, up to $50,000,000
shall be for carrying out activities under section 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 condi-
tions in connection with rental assistance under section 8 of the
Act: Provided further, That of the total amount provided under
H. R. 2673—373
this heading, up to $500,000 shall be for lease adjustments to
section 23 projects, and no less than $10,610,000 shall be trans-
ferred to the Working Capital Fund for the development of and
modifications to information technology systems which serve pro-
grams 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 further, That of the total amount
provided under this heading, 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
resulting from emergencies and natural disasters in fiscal year
2004: Provided further, That of the total amount provided under
this heading, $55,000,000 shall be for supportive services, service
coordinators and congregate services as authorized by section 34
of the Act and the Native American Housing Assistance and Self-
Determination Act of 1996: Provided further, That of the total
amount provided under this heading, $15,000,000 shall be for
Neighborhood Networks grants for activities authorized in section
9(d)(1)(E) of the United States Housing Act of 1937, as amended:
Provided further, That notwithstanding any other provision of law,
amounts made available in the previous proviso shall be awarded
to public housing agencies on a competitive basis.
The first proviso under this heading in the Departments of
Veterans Affairs and Housing and Urban Development, and Inde-
pendent Agencies Appropriations Act, 2003, is amended by striking
‘‘1998, 1999’’.
PUBLIC HOUSING OPERATING FUND
For 2004 payments to public housing agencies for the operation
and management of public housing, as authorized by section 9(e)
of the United States Housing Act of 1937, as amended (42 U.S.C.
1437g(e)), $3,600,000,000: Provided, That of the total amount pro-
vided under this heading, $10,000,000 shall be for programs, as
determined appropriate by the Attorney General, which assist in
the investigation, prosecution, and prevention of violent crimes
and drug offenses in public and federally-assisted low-income
housing, including Indian housing, which shall be administered
by the Department of Justice through a reimbursable agreement
with the Department of Housing and Urban Development: Provided
further, That, in fiscal year 2004 and all fiscal years hereafter,
no amounts under this heading in any appropriations Act may
be used for payments to public housing agencies for the costs
of operation and management of public housing for any year prior
to the current year of such Act: 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.
REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance
grants to projects as authorized by section 24 of the United States
Housing Act of 1937, as amended, $150,000,000, to remain available
until September 30, 2005, of which the Secretary may use up
to $4,000,000 for technical assistance and contract expertise, to
be provided directly or indirectly by grants, contracts or cooperative