123STA T . 3 095PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 orinthecas eo f cash , sha l l b ere m itte d to the T reas u r y , and such amounts of bud g et authority or cash reca p tured and not rescis - sion or remitted to the Treasury shall be used by S tate housing finance agencies or local go v ernments or local housing agencies w ith pro j ects approved by the Secretary of H ousing and U rban D evelopment for which settlement occurred after J anuary 1 ,1 9 9 2 , in accordance with such section .N otwithstanding the previous sen- tence, the Secretary may award up to 1 5 percent of the budget authority or cash recaptured and not rescission or remitted to the Treasury to provide project owners with incentives to refinance their project at a lower interest rate. S EC . 2 0 2. None of the amounts made available under this A ct may be used during fiscal year 2010 to investigate or prosecute under the F air Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a G overnment official or entity, or a court of competent jurisdiction. SEC. 20 3 . ( a ) Notwithstanding section 8 5 4 (c)(1)(A) of the A I DS Housing O pportunity Act (42 U.S. C . 12903(c)(1)(A)), from any amounts made available under this title for fiscal year 2010 that are allocated under such section, the Secretary of Housing and Urban Development shall allocate and ma k e 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 2010 under such clause (ii) because the areas in the State outside of the metropolitan statistical areas that q ualify under clause (i) in fiscal year 2010 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 2010, 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 2010 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of New Y ork, New York, on behalf of the New York- W ayne-White P lains, New York-New Jersey M etropolitan Division (hereafter ‘ ‘metropoli- tan division ’ ’) of the New York-Newark- E dison, 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 NewJ e rs e y.G r ant s. AIDS .
