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to the Treasury to provide project owners with incentives 
to refinance their project at a lower interest rate. 
SEC. 302. None of the amounts made available under 
this Act may be used during fiscal year 2006 to investigate 
or prosecute under the Fair Housing Act any otherwise 
lawful activity engaged in by one or more persons, includ-
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. 303. (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 2006 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 2006 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 
2006 do not have the number of cases of acquired
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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 
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 subsection (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 ‘‘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-
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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 
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 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 pe-
riod. 
SEC. 304. (a) During fiscal year 2006, in the provi-
sion of rental assistance under section 8(o) of the United
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States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con-
nection with a program to demonstrate the economy and 
effectiveness of providing such assistance for use in as-
sisted 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 living facility in any such county, on behalf 
of which a public housing agency provides assistance pur-
suant 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 percent-
age 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 com-
petitive basis and in accordance 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 Corpora-
tion Control Act or section 402 of the Housing Act of 
1950 shall be available, without regard to the limitations 
on administrative expenses, for legal services on a contract
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or fee basis, and for utilizing and making payment for 
services and facilities of the Federal National Mortgage 
Association, Government National Mortgage Association, 
Federal Home Loan Mortgage Corporation, Federal Fi-
nancing Bank, Federal Reserve banks or any member 
thereof, Federal Home Loan banks, and any insured bank 
within the meaning of the Federal Deposit Insurance Cor-
poration 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 ap-
propriation 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 Depart-
ment of Housing and Urban Development which are sub-
ject to the Government Corporation Control Act, as 
amended, are hereby authorized to make such expendi-
tures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in ac-
cordance with law, and to make such contracts and com-
mitments without regard to fiscal year limitations as pro-
vided 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 pro-
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vided: 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 mort-
gage insurance or guaranty operations of these corpora-
tions, or where loans or mortgage purchases are necessary 
to protect the financial interest of the United States Gov-
ernment. 
SEC. 309. None of the funds provided in this title 
for technical assistance, training, or management improve-
ments may be obligated 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 De-
velopment shall provide quarterly reports to the House 
and Senate Committees on Appropriations regarding all 
uncommitted, unobligated, recaptured and excess funds in 
each program and activity within the jurisdiction of the