I
105TH CONGRESS
1ST SESSION
H. R. 1014
To amend the United States Housing Act of 1937 to authorize public housing
agencies to establish rental payment amounts for assisted families that
do not discourage members of such families from obtaining employment,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 11, 1997
Mr. FRANK of Massachusetts (for himself, Mr. KENNEDY of Massachusetts,
Mr. GONZALEZ, Mr. JACKSON of Illinois, Mr. GUTIERREZ, Mr. SCHUMER,
Mr. STARK, Mr. MCDERMOTT, Mr. KLECZKA, Mrs. CARSON, Mr. LA-
FALCE, Mr. KANJORSKI, Mr. HINCHEY, Ms. ROYBAL-ALLARD, Mr. WATT
of North Carolina, and Ms. NORTON) introduced the following bill; which
was referred to the Committee on Banking and Financial Services
A BILL
To amend the United States Housing Act of 1937 to author-
ize public housing agencies to establish rental payment
amounts for assisted families that do not discourage
members of such families from obtaining employment,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 pub-
lic 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 dif-
ference 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 assist-
ance, 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 maxi-
mum amount of rent authorized to be charged under
section 3(a) to the family.’’; and
(2) in subparagraph (B)(i), in the matter pre-
ceding subclause (I), by striking ‘‘that’’ and insert-
ing ‘‘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
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 per-
cent of the family’s monthly adjusted income’’ and insert-
ing ‘‘the amount the family is required by the public hous-
ing agency to pay pursuant to section 3(a)’’.
(e) PUBLIC HOUSING HOMEOWNERSHIP AND MAN-
AGEMENT 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 BUR-
DENS.—Section 550(b)(2) of the Cranston-Gonzalez Na-
tional 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 COMMU-
NITIES 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 FAMI-
LIES.—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 be-
fore the period at the end the following: ‘‘, and
shall be determined assuming tenant rent con-
tributions 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 DIS-
ABILITIES.—Section 811(d) of the Cranston-Gonzalez Na-
tional 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 be-
fore the period at the end the following: ‘‘, and
shall be determined assuming tenant rent con-
tributions 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 PER-
SONS WITH AIDS.—Section 861(b)(1)(B) of the Cran-
ston-Gonzalez National Affordable Housing Act (42
U.S.C. 12910(b)(1)(B)) is amended—
(1) in the matter preceding clause (i), by strik-
ing ‘‘an amount equal to the following’’ and insert-
ing ‘‘the following amount’’; and
(2) in clause (i), by striking ‘‘the amount of
rent’’ and inserting ‘‘an amount that does not ex-
ceed the maximum amount of rent authorized to
be’’.
(k) HOME PROGRAM.—The second sentence of sec-
tion 215(a)(3) of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12745(a)(3)) is amended by
inserting ‘‘an amount (determined by the participating ju-
risdiction 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 other-
wise charged for rental for such dwelling units by
such an amount as the Secretary determines rep-
resents 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 amend-
ed by striking ‘‘in accordance with the provisions of’’ and
inserting ‘‘by the recipient that does not exceed the maxi-
mum 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 insert-
ing ‘‘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 re-
quire any increase in the amount of assistance provided
by the Secretary of Housing and Urban Development—
(1) to any public housing agency under any an-
nual 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 assist-
ance for other housing, subsection (a) shall apply to the
amendment.
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