118 STAT. 374 PUBLIC LAW 108–199—JAN. 23, 2004 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this heading in this Act and prior Acts by source and purpose of such funds: Provided further, That $2,844,000,000 is rescinded from unobli gated balances remaining from funds appropriated to the Department of Housing and Urban Development under this heading or the heading ‘‘Annual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 Deadline. Records. Notification. Deadline.
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