H. R. 3058—65
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 2006 under such clause (ii) because the areas in the 
State outside of the metropolitan statistical areas that qualify 
under clause (i) in fiscal year 2006 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 cumu-
lative 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 854(c)(1)(A) in fiscal year 2006, in proportion 
to AIDS cases among cities and States that qualify under clauses 
(i) and (ii) of such section and States deemed eligible under sub-
section (a). 
(c) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2006 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 ‘‘metropoli-
tan division’’) of the New York-Newark-Edison, NY-NJ-PA Metro-
politan Statistical Area, shall be adjusted by the Secretary of 
Housing and Urban Development by: (1) allocating to the City 
of Jersey City, New Jersey, the proportion 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 proportion 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 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 Bergen County and Passaic County, New Jersey, and adjusting 
for the proportion 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. 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 2006 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 
three year period. 
SEC. 304. (a) During fiscal year 2006, in the provision of rental 
assistance under section 8(o) of the United States Housing Act 
of 1937 (42 U.S.C. 1437f(o)) in connection with a program to dem-
onstrate the economy and effectiveness of providing such assistance 
for use in assisted living facilities that is carried out in the counties 
of the State of Michigan notwithstanding paragraphs (3) and 
(18)(B)(iii) of such section 8(o), a family residing in an assisted
H. R. 3058—66
living facility in any such county, on behalf of which a public 
housing agency provides assistance pursuant to section 8(o)(18) 
of such Act, may be required, at the time the family initially 
receives such assistance, to pay rent in an amount exceeding 40 
percent of the monthly adjusted income of the family by such 
a percentage or amount as the Secretary of Housing and Urban 
Development determines to be appropriate. 
SEC. 305. Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title 
III of this Act shall be made on a competitive basis and in accord-
ance with section 102 of the Department of Housing and Urban 
Development Reform Act of 1989. 
SEC. 306. Funds of the Department of Housing and Urban 
Development subject to the Government Corporation Control Act 
or section 402 of the Housing Act of 1950 shall be available, without 
regard to the limitations on administrative expenses, for legal serv-
ices on a contract or fee basis, and for utilizing and making payment 
for services and facilities of the Federal National Mortgage Associa-
tion, Government National Mortgage Association, Federal Home 
Loan Mortgage Corporation, Federal Financing Bank, Federal 
Reserve banks or any member thereof, Federal Home Loan banks, 
and any insured bank within the meaning of the Federal Deposit 
Insurance Corporation Act, as amended (12 U.S.C. 1811–1831). 
SEC. 307. Unless otherwise provided for in this Act or through 
a reprogramming of funds, no part of any appropriation for the 
Department of Housing and Urban Development shall be available 
for any program, project or activity in excess of amounts set forth 
in the budget estimates submitted to Congress. 
SEC. 308. Corporations and agencies of the Department of 
Housing and Urban Development which are subject to the Govern-
ment Corporation Control Act, as amended, are hereby authorized 
to make such expenditures, within the limits of funds and borrowing 
authority available to each such corporation or agency and in accord-
ance with law, and to make such contracts and commitments with-
out regard to fiscal year limitations as provided by section 104 
of such Act as may be necessary in carrying out the programs 
set forth in the budget for 2006 for such corporation or agency 
except as hereinafter provided: Provided, That collections of these 
corporations and agencies may be used for new loan or mortgage 
purchase commitments only to the extent expressly provided for 
in this Act (unless such loans are in support of other forms of 
assistance provided for in this or prior appropriations Acts), except 
that this proviso shall not apply to the mortgage insurance or 
guaranty operations of these corporations, or where loans or mort-
gage purchases are necessary to protect the financial interest of 
the United States Government. 
SEC. 309. None of the funds provided in this title for technical 
assistance, training, or management improvements may be obli-
gated or expended unless HUD provides to the Committees on 
Appropriations a description of each proposed activity and a detailed 
budget estimate of the costs associated with each program, project 
or activity as part of the Budget Justifications. For fiscal year 
2006, HUD shall transmit this information to the Committees by 
March 15, 2006 for 30 days of review. 
SEC. 310. The Secretary of Housing and Urban Development 
shall provide quarterly reports to the House and Senate Committees
H. R. 3058—67
on Appropriations regarding all uncommitted, unobligated, recap-
tured and excess funds in each program and activity within the 
jurisdiction of the Department and shall submit additional, updated 
budget information to these Committees upon request. 
SEC. 311. Notwithstanding any other provision of law, in fiscal 
year 2006, in managing and disposing of any multifamily property 
that is owned or held by the Secretary of Housing and Urban 
Development, the Secretary shall maintain any rental assistance 
payments under section 8 of the United States Housing Act of 
1937 that are attached to any dwelling units in the property. 
To the extent the Secretary determines that such a multifamily 
property owned or held by the Secretary is not feasible for continued 
rental assistance payments under such section 8, based on consider-
ation of the costs of maintaining such payments for that property 
or other factors, the Secretary may, in consultation with the tenants 
of that property, contract for project-based rental assistance pay-
ments with an owner or owners of other existing housing properties, 
or provide other rental assistance. 
SEC. 312. (a) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2006 under section 854(c) of the 
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City 
of Wilmington, Delaware, on behalf of the Wilmington, Delaware-
Maryland-New Jersey Metropolitan Division (hereafter ‘‘metropoli-
tan division’’), shall be adjusted by the Secretary of Housing and 
Urban Development by allocating to the State of New Jersey the 
proportion of the metropolitan division’s amount that is based on 
the number of cases of AIDS reported in the portion of the metropoli-
tan division that is located in New Jersey, and adjusting for the 
proportion 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. The State of New Jersey shall use amounts 
allocated to the State under this subsection to carry out eligible 
activities under section 855 of the AIDS Housing Opportunity Act 
(42 U.S.C. 12904) in the portion of the metropolitan division that 
is located in New Jersey. 
(b) Notwithstanding any other provision of law, the Secretary 
of Housing and Urban Development shall allocate to Wake County, 
North Carolina, the amounts that otherwise would be allocated 
for fiscal year 2006 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North 
Carolina, on behalf of the Raleigh-Cary, North Carolina Metropoli-
tan Statistical Area. Any amounts allocated to Wake County shall 
be used to carry out eligible activities under section 855 of such 
Act (42 U.S.C. 12904) within such metropolitan statistical area. 
(c) Notwithstanding section 854(c) of the AIDS Housing Oppor-
tunity Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban 
Development may adjust the allocation of the amounts that other-
wise would be allocated for fiscal year 2006 under section 854(c) 
of such Act, upon the written request of an applicant, in conjunction 
with the State(s), for a formula allocation on behalf of a metropoli-
tan statistical area, to designate the State or States in which 
the metropolitan statistical area is located as the eligible grantee(s) 
of the allocation. In the case that a metropolitan statistical area 
involves more than one State, such amounts allocated to each 
State shall be in proportion to the number of cases of AIDS reported 
in the portion of the metropolitan statistical area located in that 
State. Any amounts allocated to a State under this section shall
H. R. 3058—68
be used to carry out eligible activities within the portion of the 
metropolitan statistical area located in that State. 
SEC. 313. Notwithstanding any other provision of law, for this 
fiscal year and every fiscal year thereafter, funds appropriated 
for housing for the elderly, as authorized by section 202 of the 
Housing Act of 1959, as amended, and for supportive housing for 
persons with disabilities, as authorized by section 811 of the Cran-
ston-Gonzalez National Affordable Housing Act, shall be available 
for the cost of maintaining and disposing of such properties that 
are acquired or otherwise become the responsibility of the Depart-
ment. 
SEC. 314. The Secretary of Housing and Urban Development 
shall submit an annual report no later than August 30, 2006 and 
annually thereafter to the House and Senate Committees on Appro-
priations regarding the number of Federally assisted units under 
lease and the per unit cost of these units to the Department of 
Housing and Urban Development. 
SEC. 315. The Department of Housing and Urban Development 
shall submit the Department’s fiscal year 2007 congressional budget 
justifications to the Committees on Appropriations of the House 
of Representatives and the Senate using the identical structure 
provided under this Act and only in accordance with the direction 
specified in the report accompanying this Act. 
SEC. 316. That incremental vouchers previously made available 
under the heading ‘‘Housing Certificate Fund’’ or renewed under 
the heading, ‘‘Tenant-Based Rental Assistance,’’ for non-elderly dis-
abled families shall, to the extent practicable, continue to be pro-
vided to non-elderly disabled families upon turnover. 
SEC. 317. A public housing agency or such other entity that 
administers Federal housing assistance in the States of Alaska, 
Iowa, and Mississippi shall not be required to include a resident 
of public housing or a recipient of assistance provided under section 
8 of the United States Housing Act of 1937 on the board of directors 
or a similar governing board of such agency or entity as required 
under section (2)(b) of such Act. Each public housing agency or 
other entity that administers Federal housing assistance under 
section 8 in the States of Alaska, Iowa and Mississippi shall estab-
lish an advisory board of not less than 6 residents of public housing 
or recipients of section 8 assistance to provide advice and comment 
to the public housing agency or other administering entity on issues 
related to public housing and section 8. Such advisory board shall 
meet not less than quarterly. 
SEC. 318. (a) Notwithstanding any other provision of law, sub-
ject to the conditions listed in subsection (b), for fiscal years 2006 
and 2007, the Secretary may authorize the transfer of project-
based assistance, debt and statutorily required low-income and 
very low-income use restrictions, associated with one multifamily 
housing project to another multifamily housing project. 
(b) The transfer authorized in subsection (a) is subject to the 
following conditions: 
(1) the number of low-income and very low-income units 
and the net dollar amount of Federal assistance provided by 
the transferring project shall remain the same in the receiving 
project; 
(2) the transferring project shall, as determined by the 
Secretary, be either physically obsolete or economically non-
viable;