123STA T . 3 097PUBLIC LA W 111 – 117 —DE C.1 6, 2009 onAp p r opr iat ion s r eg ar d ing a l l u n c o m mitted , uno b ligated, recap - tured and e x cess f unds in eac h program and acti v it yw ithin the j urisdiction of the D epartment and shall submit additional, updated budget information to these C ommittees upon re q uest .SEC . 209 . ( a )N otwithstanding any other provision of law, the amount allocated for fiscal year 20 1 0 under section 854 (c) of the A I DS H ousing O pportunity Act (42 U .S.C. 1290 3 (c)), to the City of W ilmington, Delaware, on behalf of the Wilmington, Delaware- M aryland-New J ersey Metropolitan Division (hereafter ‘ ‘metropoli- tan division ’ ’), 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 metropoli- tan 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. T he 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 allocate to Wa k e County, North Carolina, the amounts that otherwise would be 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 R aleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina Metropoli- 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 Oppor- tunity Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development may adjust the allocation of the amounts that other- wise would be allocated for fiscal year 2010 under section 854(c) of such Act, upon the written request of an applicant, in conjunction with the State(s), for a formula allocation on behalf of a metropoli- tan statistical area, to designate the State or States in which the metropolitan statistical area is located 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 P resident’s formal budget request for fiscal year 2011, as well as the Department of Housing and Urban Develop- ment’s congressional budget justifications to be submitted to the Committees on Appropriations of the House of Representatives and the Senate, shall use the identical account and sub-account struc- ture provided under this Act. SEC. 211. A public housing agency or such other entity that administers F ederal housing assistance for the Housing Authority of the county of L os Angeles, California, 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 193 7 on the board of directors Sta t elis ti ng.Bud get r e q uest. No rt hC arolina. AID S. Ne wJ erse y .
