Brooke Amendment Restoration Act

Summary: Brooke Amendment Restoration Act - Amends the following Acts with respect to certain housing program rental contributions:  (1) the United States Housing Act of 1937; (2) the Cranston-Gonzalez National Affordable Housing Act; (3) the Housing Act of 1959; (4) the National Housing Act; (5) the Housing and Urban-Rural Recovery Act of 1983; (6) the Stewart B. Mckinney Homeless Assistance Act; and (7) the Housing Act of 1949.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brooke Amendment Restoration Act''.

SEC. 2. DISCRETION FOR PUBLIC HOUSING AGENCIES TO ESTABLISH RENTAL 
              CONTRIBUTIONS OF LESS, BUT NOT MORE, THAN 30 PERCENT OF 
              ASSISTED FAMILIES' INCOMES.

    The third sentence of section 3(a)(1) of the United States Housing 
Act of 1937 (42 U.S.C. 1437a(a)(1)) is amended by inserting ``an amount 
(determined by the public housing agency) that does not exceed'' before 
``the highest of the following amounts''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Section 8 Vouchers.--Section 8(o) of the United States Housing 
Act of 1937 (42 U.S.C. 1437f(o)) is amended--
            (1) in paragraph (2), by inserting ``an amount (determined 
        by the public housing agency) that is not less than'' after 
        ``shall be''; and
            (2) in paragraph (11)(B)(ii), by inserting ``an amount 
        (determined by the public housing agency) that is not less 
        than'' after ``shall be''.
    (b) Section 8 Certificates.--Section 8(c)(3) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(c)(3)(A)) is amended--
            (1) in subparagraph (A), by striking the first sentence and 
        inserting the following new sentence: ``The amount of the 
        monthly assistance payment with respect to any dwelling unit 
        shall be the difference between the maximum monthly rent which 
        the contract provides that the owner is to receive for the unit 
        and (i) in the case of tenant-based assistance, the rent the 
        family is required by the public housing agency to pay pursuant 
        to section 3(a), and (ii) in the case of project-based 
        assistance, the maximum amount of rent authorized to be charged 
        under section 3(a) to the family.''; and
            (2) in subparagraph (B)(i), in the matter preceding 
        subclause (I), by striking ``that'' and inserting ``the maximum 
        amount''.
    (c) Section 8 Assistance for Manufactured Homes.--Section 8(j) of 
the United States Housing Act of 1937 (42 U.S.C. 1437f(j)) is amended--
            (1) in paragraph (2)(B), by striking ``to pay under'' and 
        inserting ``by the public housing agency (or in the case of 
        contracts under paragraph (1)(B), the Secretary) to pay 
        pursuant to''; and
            (2) in paragraph (3)(B), by striking ``to pay under'' and 
        inserting ``by the public housing agency (or in the case of 
        contracts under paragraph (1)(B), the Secretary) to pay 
        pursuant to''.
    (d) Section 8 Homeownership.--Section 8(y)(2)(A) of the United 
States Housing Act of 1937 (42 U.S.C. 1437f(y)(2)(A)) is amended by 
striking ``30 percent of the family's monthly adjusted income'' and 
inserting ``the amount the family is required by the public housing 
agency to pay pursuant to section 3(a)''.
    (e) Public Housing Homeownership and Management Opportunities.--
Section 21(b)(4)(B) of the United States Housing Act of 1937 (42 U.S.C. 
1437s(b)(4)(B)) is amended by striking ``required'' and inserting ``the 
maximum amount authorized''.
    (f) Documentation of Excessive Rent Burdens.--Section 550(b)(2) of 
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 1437f 
note) is amended by striking ``amount determined'' each place it 
appears and inserting ``maximum amount authorized''.
    (g) Public Housing Mixed-Income New Communities Strategy 
Demonstration.--Section 522(e)(4) of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 1437f note) is amended by striking 
``equal to'' and inserting ``not exceeding''.
    (h) Supportive Housing for Elderly Families.--Section 202(c) of the 
Housing Act of 1959 (12 U.S.C. 1701q(c)) is amended--
            (1) in paragraph (2)--
                    (A) in the first sentence, by striking ``any part 
                of the'';
                    (B) in the first sentence, by striking ``is not 
                met'' and inserting ``are not met''; and
                    (C) in the second sentence, by inserting before the 
                period at the end the following: ``, and shall be 
                determined assuming tenant rent contributions of the 
                maximum amount allowable under paragraph (3)''; and
            (2) in paragraph (3), by inserting ``an amount that does 
        not exceed'' before ``the highest''.
    (i) Supportive Housing for Persons With Disabilities.--Section 
811(d) of the Cranston-Gonzalez National Affordable Housing Act (42 
U.S.C. 8013(d)) is amended--
            (1) in paragraph (2)--
                    (A) in the first sentence, by striking ``any part 
                of the'';
                    (B) in the first sentence, by striking ``is not 
                met'' and inserting ``are not met''; and
                    (C) in the second sentence, by inserting before the 
                period at the end the following: ``, and shall be 
                determined assuming tenant rent contributions of the 
                maximum amount allowable under paragraph (3)''; and
            (2) in paragraph (3), by inserting ``an amount that does 
        not exceed'' before ``the higher''.
    (j) Grants for Community Residences for Persons With AIDS.--Section 
861(b)(1)(B) of the Cranston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 12910(b)(1)(B)) is amended--
            (1) in the matter preceding clause (i), by striking ``an 
        amount equal to the following'' and inserting ``the following 
        amount''; and
            (2) in clause (i), by striking ``the amount of rent'' and 
        inserting ``an amount that does not exceed the maximum amount 
        of rent authorized to be''.
    (k) HOME Program.--The second sentence of section 215(a)(3) of the 
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
12745(a)(3)) is amended by inserting ``an amount (determined by the 
participating jurisdiction that provides the assistance for the 
housing) that does not exceed'' after ``pay as rent''.
    (l) Section  236 Rental Assistance.--Section 236(f) of the National 
Housing Act (12 U.S.C. 1715z-1(f)) is amended--
            (1) in paragraph (1)--
                    (A) in the second sentence, by striking 
                ``represents'' and inserting ``does not exceed'';
                    (B) in the fourth sentence, by striking 
                ``represents'' and inserting ``does not exceed''; and
                    (C) in the fifth sentence, by striking clause (ii) 
                and inserting the following new clause:
            ``(ii) to permit a decrease of the amount otherwise charged 
        for rental for such dwelling units by such an amount as the 
        Secretary determines represents a proportionate decrease for 
        the utility charges to be paid by such tenant.''; and
            (2) in paragraph (2)--
                    (A) in the second sentence, by inserting ``that 
                would be'' before ``required''; and
                    (B) by inserting after subparagraph (C) the 
                following new sentence:
``Notwithstanding the amount of additional assistance payments 
determined under the preceding sentence, the amount of rent paid by the 
tenant may be established at an amount less than the highest of the 
amounts under subparagraphs (A), (B), and (C), and establishment of 
such rent shall not affect the amount of the additional assistance 
payments under this paragraph.''.
    (m) Tenant Rent Increases.--Section 206(d)(6) of the Housing and 
Urban-Rural Recovery Act of 1983 (42 U.S.C. 1437a note) is amended by 
striking ``an amount'' and all that follows through ``payment for the 
tenant'' and inserting ``the amount that the tenant pays for rent 
pursuant to''.
    (n) Shelter Plus Care Program for Homeless Families.--Section 458 
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11403e-2) 
is amended by striking ``in accordance with the provisions of'' and 
inserting ``by the recipient that does not exceed the maximum amount 
authorized under''.
    (o) Housing for Rural Homeless and Migrant Farm Workers.--Section 
516(k)(3)(D) of the Housing Act of 1949 (42 U.S.C. 1486(k)(3)(D)) is 
amended by striking ``in accordance with the provisions of'' and 
inserting ``by the recipient that does not exceed the maximum amount 
authorized under''.
    (p) Rural Housing Voucher Program.--The third sentence of section 
542(a) of the Housing Act of 1949 (42 U.S.C. 1490r(a)) is amended by 
inserting ``an amount that is not less than'' after ``shall be''.

SEC. 3. RULE OF CONSTRUCTION.

    (a) In General.--The amendments made by this Act may not be 
construed to authorize, result in, or require any increase in the 
amount of assistance provided by the Secretary of Housing and Urban 
Development--
            (1) to any public housing agency under any annual 
        contributions contract for tenant-based rental or homeownership 
        assistance under section 8 of the United States Housing Act of 
        1937; or
            (2) under any contract or other arrangement under any 
        program for housing assistance that is subject to any provision 
        so amended.
    (b) Exception for Public Housing.--Subsection (a) shall not apply 
to any amendment made by this Act that relates to assistance for public 
housing to the extent only that such amendment relates to assistance 
for such housing. To the extent that the amendment affects assistance 
for other housing, subsection (a) shall apply to the amendment.