H. R. 1105—447 
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 statistical 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 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 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 sub-
section (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 ‘‘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 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.