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for what projects or activities funding will be used: Pro-
vided further, That following the initial approval of this 
plan, the Secretary may amend the plan with the approval 
of the House and Senate Committees on Appropriations. 
GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT 
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1988 (42 U.S.C. 1437 note) shall be rescinded or in the 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rescinded or remitted to the Treasury shall be used by 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authority or cash recaptured and not rescinded or remitted 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. 
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HR 5850 PCS 
SEC. 202. None of the amounts made available under 
this Act may be used during fiscal year 2011 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. 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 2011 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 2011 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 
2011 do not have the number of cases of acquired 
immunodeficiency syndrome (AIDS) required under 
such clause. 
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HR 5850 PCS 
(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 2011, 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 2011 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 
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HR 5850 PCS 
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 2011 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-
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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 
on administrative expenses, for legal services on a contract 
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. 1811–1). 
SEC. 206. 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. 207. Corporations and agencies of the Depart-
ment of Housing and Urban Development which are sub-
ject to the Government Corporation Control Act, are here-
by authorized to make such expenditures, within the limits 
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HR 5850 PCS 
of funds and borrowing authority available to each such 
corporation or agency and in accordance with law, and to 
make such contracts and commitments without 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 2011 for such corporation or agen-
cy except as hereinafter provided: Provided, That collec-
tions 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 pro-
viso 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 in-
terest of the United States Government. 
SEC. 208. 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 
Department and shall submit additional, updated budget 
information to these Committees upon request. 
SEC. 209. (a) Notwithstanding any other provision 
of law, the amount allocated for fiscal year 2011 under 
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HR 5850 PCS 
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 ‘‘metropolitan di-
vision’’), 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 metropolitan 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 allo-
cate to Wake County, North Carolina, the amounts that 
otherwise would be allocated for fiscal year 2011 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-
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HR 5850 PCS 
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 Opportunity Act (42 U.S.C. 12903(c)), the Sec-
retary of Housing and Urban Development may adjust the 
allocation of the amounts that otherwise would be allo-
cated for fiscal year 2011 under section 854(c) of such 
Act, upon the written request of an applicant, in conjunc-
tion with the State(s), for a formula allocation on behalf 
of a metropolitan statistical area, to designate the State 
or States in which the metropolitan statistical area is lo-
cated 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 be used to carry out eligible activities within 
the portion of the metropolitan statistical area located in 
that State. 
SEC. 210. The President’s formal budget request for 
fiscal year 2012, as well as the Department of Housing 
and Urban Development’s congressional budget justifica-
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HR 5850 PCS 
tions to be submitted to the Committees on Appropriations 
of the House of Representatives and the Senate, shall use 
the identical account and sub-account structure provided 
under this Act. 
SEC. 211. A public housing agency or such other enti-
ty that administers Federal housing assistance for the 
Housing Authority of the county of Los Angeles, Cali-
fornia, 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 direc-
tors 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 for the Housing Au-
thority of the county of Los Angeles, California and the 
States of Alaska, Iowa and Mississippi that chooses not 
to include a resident of Public Housing or a recipient of 
section 8 assistance on the board of directors or a similar 
governing board shall establish an advisory board of not 
less than six 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 advi-
sory board shall meet not less than quarterly. 
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HR 5850 PCS 
SEC. 212. (a) Notwithstanding any other provision 
of law, subject to the conditions listed in subsection (b), 
for fiscal years 2011 and 2012, the Secretary of Housing 
and Urban Development may authorize the transfer of 
some or all project-based assistance, debt and statutorily 
required low-income and very low-income use restrictions, 
associated with one or more multifamily housing project 
to another multifamily housing project or projects. 
(b) The transfer authorized in subsection (a) is sub-
ject to the following conditions: 
(1) The number of low-income and very low-in-
come units and the net dollar amount of Federal as-
sistance provided by the transferring project shall 
remain the same in the receiving project or projects. 
(2) The transferring project shall, as deter-
mined by the Secretary, be either physically obsolete 
or economically non-viable. 
(3) The receiving project or projects shall meet 
or exceed applicable physical standards established 
by the Secretary. 
(4) The owner or mortgagor of the transferring 
project shall notify and consult with the tenants re-
siding in the transferring project and provide a cer-
tification of approval by all appropriate local govern-
mental officials. 
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HR 5850 PCS 
(5) The tenants of the transferring project who 
remain eligible for assistance to be provided by the 
receiving project or projects shall not be required to 
vacate their units in the transferring project or 
projects until new units in the receiving project are 
available for occupancy. 
(6) The Secretary determines that this transfer 
is in the best interest of the tenants. 
(7) If either the transferring project or the re-
ceiving project or projects meets the condition speci-
fied in subsection (c)(2)(A), any lien on the receiving 
project resulting from additional financing obtained 
by the owner shall be subordinate to any FHA-in-
sured mortgage lien transferred to, or placed on, 
such project by the Secretary. 
(8) If the transferring project meets the re-
quirements of subsection (c)(2)(E), the owner or 
mortgagor of the receiving project or projects shall 
execute and record either a continuation of the exist-
ing use agreement or a new use agreement for the 
project where, in either case, any use restrictions in 
such agreement are of no lesser duration than the 
existing use restrictions. 
(9) Any financial risk to the FHA General and 
Special Risk Insurance Fund, as determined by the 
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HR 5850 PCS 
Secretary, would be reduced as a result of a transfer 
completed under this section. 
(10) The Secretary determines that Federal li-
ability with regard to this project will not be in-
creased. 
(c) For purposes of this section— 
(1) the terms ‘‘low-income’’ and ‘‘very low-in-
come’’ shall have the meanings provided by the stat-
ute and/or regulations governing the program under 
which the project is insured or assisted; 
(2) the term ‘‘multifamily housing project’’ 
means housing that meets one of the following con-
ditions— 
(A) housing that is subject to a mortgage 
insured under the National Housing Act; 
(B) housing that has project-based assist-
ance attached to the structure including 
projects undergoing mark to market debt re-
structuring under the Multifamily Assisted 
Housing Reform and Affordability Housing Act; 
(C) housing that is assisted under section 
202 of the Housing Act of 1959 as amended by 
section 801 of the Cranston-Gonzales National 
Affordable Housing Act; 
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