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Union Calendar No. 191 

109TH CONGRESS 

1ST SESSION H. R. 3422 

[Report No. 109–342] 

To amend the United States Housing Act of 1937 to exempt small public 

housing agencies from the requirement of preparing an annual public 

housing agency plan. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2005 

Mr. NEUGEBAUER introduced the following bill; which was referred to the 

Committee on Financial Services 

DECEMBER 13, 2005 

Additional sponsors: Mr. PAUL and Mr. PETERSON of Minnesota 

DECEMBER 13, 2005 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the United States Housing Act of 1937 to exempt 

small public housing agencies from the requirement of 

preparing an annual public housing agency plan. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Small Public Housing 

3 Authority Act’’. 

4 SEC. 2. PUBLIC HOUSING AGENCY PLANS FOR CERTAIN 

5 SMALL PUBLIC HOUSING AGENCIES. 

6 Section 5A(b) of the United States Housing Act of 

7 1937 (42 U.S.C. 1437c–1(b)) is amended by adding at 

8 the end the following new paragraph: 

9 ‘‘(3) EXEMPTION OF CERTAIN SMALL PHAS

10 FROM FILING REQUIREMENT.— 

11 ‘‘(A) IN GENERAL.—Notwithstanding para12 graph (1) or any other provision of this Act— 

13 ‘‘(i) the requirement under paragraph 

14 (1) shall not apply to any qualified small 

15 public housing agency; and 

16 ‘‘(ii) any reference in this section or 

17 any other provision of law to a ‘public 

18 housing agency’ shall not be considered to 

19 refer to any qualified small public housing 

20 agency, to the extent such reference ap21 plies to the requirement to submit a public 

22 housing agency plan under this subsection. 

23 ‘‘(B) DEFINITION.—For purposes of this 

24 paragraph, the term ‘qualified small public 

25 housing agency’ means a public housing agency 

26 that meets all of the following requirements: 
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1 ‘‘(i) The sum of (I) the number of 

2 public housing dwelling units administered 

3 by the agency, and (II) the number of 

4 vouchers under section 8(o) of the United 

5 States Housing Act of 1937 (42 U.S.C. 

6 1437f(o)) administered by the agency, is 

7 250 or fewer. 

8 ‘‘(ii) The agency is not designated 

9 pursuant to section 6(j)(2) as a troubled 

10 public housing agency. 

11 ‘‘(iii) The agency provides assurances 

12 satisfactory to the Secretary that notwith13 standing the inapplicability of the require14 ments under this section relating to resi15 dent advisory boards and public hearings 

16 and notice, residents of public housing ad17 ministered by the agency will have an ade18 quate and comparable opportunity for par19 ticipation and notice regarding establish20 ment of the goals, objectives, and policies 

21 of the public housing agency.’’. 

22 SECTION 1. SHORT TITLE. 

23 This Act may be cited as the ‘‘Small Public Housing 

24 Authority Act’’. 
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1 SEC. 2. PUBLIC HOUSING AGENCY PLANS FOR CERTAIN 

2 SMALL PUBLIC HOUSING AGENCIES. 

3 (a) IN GENERAL.—Section 5A(b) of the United States 

4 Housing Act of 1937 (42 U.S.C. 1437c–1(b)) is amended 

5 by adding at the end the following new paragraph: 

6 ‘‘(3) EXEMPTION OF CERTAIN SMALL PHAS FROM

7 FILING REQUIREMENT.— 

8 ‘‘(A) IN GENERAL.—Notwithstanding para9 graph (1) or any other provision of this Act— 

10 ‘‘(i) the requirement under paragraph 

11 (1) shall not apply to any qualified small 

12 public housing agency; and 

13 ‘‘(ii) except as provided in subsection 

14 (e)(4)(B), any reference in this section or 

15 any other provision of law to a ‘public 

16 housing agency’ shall not be considered to 

17 refer to any qualified small public housing 

18 agency, to the extent such reference applies 

19 to the requirement to submit an annual 

20 public housing agency plan under this sub21 section. 

22 ‘‘(B) CIVIL RIGHTS CERTIFICATION.—Not23 withstanding that qualified small public housing 

24 agencies are exempt pursuant to subparagraph 

25 (A) from the requirement under this section to 

26 prepare and submit an annual public housing 
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1 plan, each qualified small public housing agency 

2 shall, on an annual basis, make the certification 

3 described in paragraph (15) of subsection (d) of 

4 this section, except that for purposes of such 

5 small public housing agencies, such paragraph 

6 shall be applied by substituting ‘the public hous7 ing program of the agency’ for ‘the public hous8 ing agency plan’. 

9 ‘‘(C) DEFINITION.—For purposes of this sec10 tion, the term ‘qualified small public housing 

11 agency’ means a public housing agency that 

12 meets all of the following requirements: 

13 ‘‘(i) The sum of (I) the number of pub14 lic housing dwelling units administered by 

15 the agency, and (II) the number of vouchers 

16 under section 8(o) of the United States 

17 Housing Act of 1937 (42 U.S.C. 1437f(o)) 

18 administered by the agency, is 250 or fewer. 

19 ‘‘(ii) The agency is not designated pur20 suant to section 6(j)(2) as a troubled public 

21 housing agency.’’. 

22 (b) RESIDENT PARTICIPATION.—Section 5A of the 

23 United States Housing Act of 1937 (42 U.S.C. 1437c–1) 

24 is amended— 
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1 (1) in subsection (e), by inserting after para2 graph (3) the following: 

3 ‘‘(4) QUALIFIED SMALL PUBLIC HOUSING AGEN4 CIES.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), nothing in this section may 

7 be construed to exempt a qualified small public 

8 housing agency from the requirement under 

9 paragraph (1) to establish one or more resident 

10 advisory boards. Notwithstanding that qualified 

11 small public housing agencies are exempt pursu12 ant to subsection (b)(3)(A) from the requirement 

13 under this section to prepare and submit an an14 nual public housing plan, each qualified small 

15 public housing agency shall consult with, and 

16 consider the recommendations of the resident ad17 visory boards for the agency, in any determina18 tions and actions of the agency regarding estab19 lishing goals, objectives, and policies of the agen20 cy. 

21 ‘‘(B) APPLICABILITY OF WAIVER AUTHOR22 ITY.—Paragraph (3) shall apply to qualified 

23 small public housing agencies, except that for 

24 purposes of such small public housing agencies, 

25 subparagraph (B) of such paragraph shall be ap-
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1 plied by substituting ‘the functions described in 

2 the second sentence of paragraph (4)(A)’ for ‘the 

3 functions described in paragraph (2)’. 

4 ‘‘(f) PUBLIC HEARINGS.—’’; and 

5 (2) in subsection (f) (as so designated by the 

6 amendment made by paragraph (1) of this sub7 section), by adding at the end the following new para8 graph: 

9 ‘‘(5) QUALIFIED SMALL PUBLIC HOUSING AGEN10 CIES.— 

11 ‘‘(A) REQUIREMENT.—Notwithstanding that 

12 qualified small public housing agencies are ex13 empt pursuant to subsection (b)(3)(A) from the 

14 requirement under this section to conduct a pub15 lic hearing regarding the annual public housing 

16 plan of the agency, each qualified small public 

17 housing agency shall, not less than annually, 

18 conduct a public hearing to discuss the goals, ob19 jectives, and policies of the agency, and any 

20 changes to such goals, objectives, and policies, 

21 and to invite public comment regarding such 

22 issues. 

23 ‘‘(B) AVAILABILITY OF INFORMATION AND

24 NOTICE.—Not later than 45 days before the date 
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1 of such a hearing, the qualified small public 

2 housing agency shall— 

3 ‘‘(i) make all information relevant to 

4 the hearing and any determinations of the 

5 agency regarding the goals, objectives, and 

6 policies of the agency to be considered at the 

7 hearing available for inspection by the pub8 lic at the principal office of the public hous9 ing agency during normal business hours; 

10 and 

11 ‘‘(ii) publish a notice informing the 

12 public that (I) the information is available 

13 as required under clause (i), and (II) a 

14 public hearing under subparagraph (A) will 

15 be conducted.’’. 

Union Calendar No. 191 

109TH CONGRESS 

1ST SESSION H. R. 3422 

[Report No. 109–342] 

A BILL 

To amend the United States Housing Act of 1937 

ing agency plan. requirement of preparing an annual public housto exempt small public housing agencies from the 

DECEMBER 13, 2005 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,