118 STAT. 372 PUBLIC LAW 108–199—JAN. 23, 2004 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 Deadline. Contracts.
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