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GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT 
(INCLUDING RESCISSION OF FUNDS) 
SEC. 201. Fifty percent of the amounts of budget au-
thority, or in lieu thereof 50 percent of the cash amounts 
associated with such budget authority, that are recaptured 
from projects described in section 1012(a) of the Stewart 
B. McKinney Homeless Assistance Amendments Act of 
1988 (42 U.S.C. 1437 note) shall be rescinded or in the 
case of cash, shall be remitted to the Treasury, and such 
amounts of budget authority or cash recaptured and not 
rescinded or remitted to the Treasury shall be used by 
State housing finance agencies or local governments or 
local housing agencies with projects approved by the Sec-
retary of Housing and Urban Development for which set-
tlement occurred after January 1, 1992, in accordance 
with such section. Notwithstanding the previous sentence, 
the Secretary may award up to 15 percent of the budget 
authority or cash recaptured and not rescinded or remitted 
to the Treasury to provide project owners with incentives 
to refinance their project at a lower interest rate. 
SEC. 202. None of the amounts made available under 
this Act may be used during fiscal year 2009 to investigate 
or prosecute under the Fair Housing Act any otherwise 
lawful activity engaged in by one or more persons, includ-
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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 2009 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 2009 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 
2009 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 
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854(c)(1)(A) in fiscal year 2009, in proportion to AIDS 
cases among cities and States that qualify under clauses 
(i) and (ii) of such section and States deemed eligible 
under subsection (a). 
(c) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2009 under section 854(c) 
of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)), to the City of New York, New York, on behalf 
of the New York-Wayne-White Plains, New York-New 
Jersey Metropolitan Division (hereafter ‘‘metropolitan di-
vision’’) of the New York-Newark-Edison, NY-NJ-PA 
Metropolitan Statistical Area, shall be adjusted by the 
Secretary of Housing and Urban Development by: (1) allo-
cating to the City of Jersey City, New Jersey, the propor-
tion of the metropolitan area’s or division’s amount that 
is based on the number of cases of AIDS reported in the 
portion of the metropolitan area or division that is located 
in Hudson County, New Jersey, and adjusting for the pro-
portion of the metropolitan division’s high incidence bonus 
if this area in New Jersey also has a higher than average 
per capita incidence of AIDS; and (2) allocating to the 
City of Paterson, New Jersey, the proportion of the metro-
politan area’s or division’s amount that is based on the 
number of cases of AIDS reported in the portion of the 
metropolitan area or division that is located in Bergen 
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County and Passaic County, New Jersey, and adjusting 
for the proportion of the metropolitan division’s high inci-
dence bonus if this area in New Jersey also has a higher 
than average per capita incidence of AIDS. The recipient 
cities shall use amounts allocated under this subsection 
to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in 
their respective portions of the metropolitan division that 
is located in New Jersey. 
(d) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2009 under section 854(c) 
of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)) to areas with a higher than average per capita 
incidence of AIDS, shall be adjusted by the Secretary on 
the basis of area incidence reported over a 3 year period. 
SEC. 204. Except as explicitly provided in law, any 
grant, cooperative agreement or other assistance made 
pursuant to title II of this Act shall be made on a competi-
tive basis and in accordance with section 102 of the De-
partment of Housing and Urban Development Reform Act 
of 1989 (42 U.S.C. 3545). 
SEC. 205. Funds of the Department of Housing and 
Urban Development subject to the Government Corpora-
tion Control Act or section 402 of the Housing Act of 
1950 shall be available, without regard to the limitations 
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