Page:United States Statutes at Large Volume 123.djvu/990

 123STA T .970PUBLIC LA W 111 –8—M A R .11, 2009 pur p ose o fachi e v i ng or preven t ing action by a G overn m ent officia l or entity , or a court of competent j uris d iction .SEC . 203 . ( a )N ot w ithstanding section 854 (c)( 1 )( A ) of the A ID S H ousing O pportunity Act (42 U .S. C . 12 9 03(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 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 2009 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 2009 do not have the number of cases of acquired immunodeficiency syndrome (AIDS) required under such clause. (b) T he 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 Y ork, New York, on behalf of the New York- W ayne-White P lains, New York-New J ersey 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 in the portion of the metropolitan area or division that is located in B ergen 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. NewJ e rs e y.G r ant s. AIDS .