IIB 

109TH CONGRESS 

1ST SESSION H. R. 3422 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 14, 2005 

Received; read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

AN ACT 

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

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

8 amended by adding at the end the following new para9 graph: 

10 ‘‘(3) EXEMPTION OF CERTAIN SMALL PHAS

11 FROM FILING REQUIREMENT.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding para13 graph (1) or any other provision of this Act— 

14 ‘‘(i) the requirement under paragraph 

15 (1) shall not apply to any qualified small 

16 public housing agency; and 

17 ‘‘(ii) except as provided in subsection 

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

19 any other provision of law to a ‘public 

20 housing agency’ shall not be considered to 

21 refer to any qualified small public housing 

22 agency, to the extent such reference ap23 plies to the requirement to submit an an24 nual public housing agency plan under this 

25 subsection. 
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1 ‘‘(B) CIVIL RIGHTS CERTIFICATION.—Not2 withstanding that qualified small public housing 

3 agencies are exempt pursuant to subparagraph 

4 (A) from the requirement under this section to 

5 prepare and submit an annual public housing 

6 plan, each qualified small public housing agency 

7 shall, on an annual basis, make the certification 

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

9 this section, except that for purposes of such 

10 small public housing agencies, such paragraph 

11 shall be applied by substituting ‘the public 

12 housing program of the agency’ for ‘the public 

13 housing agency plan’. 

14 ‘‘(C) DEFINITION.—For purposes of this 

15 section, the term ‘qualified small public housing 

16 agency’ means a public housing agency that 

17 meets all of the following requirements: 

18 ‘‘(i) The sum of (I) the number of 

19 public housing dwelling units administered 

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

21 vouchers under section 8(o) of the United 

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

23 1437f(o)) administered by the agency, is 

24 250 or fewer. 
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1 ‘‘(ii) The agency is not designated 

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

3 public housing agency.’’. 

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

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

6 is amended— 

7 (1) in subsection (e), by inserting after para8 graph (3) the following: 

9 ‘‘(4) QUALIFIED SMALL PUBLIC HOUSING

10 AGENCIES.— 

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

12 subparagraph (B), nothing in this section may 

13 be construed to exempt a qualified small public 

14 housing agency from the requirement under 

15 paragraph (1) to establish one or more resident 

16 advisory boards. Notwithstanding that qualified 

17 small public housing agencies are exempt pur18 suant to subsection (b)(3)(A) from the require19 ment under this section to prepare and submit 

20 an annual public housing plan, each qualified 

21 small public housing agency shall consult with, 

22 and consider the recommendations of the resi23 dent advisory boards for the agency, in any de24 terminations and actions of the agency regard-
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1 ing establishing goals, objectives, and policies of 

2 the agency. 

3 ‘‘(B) APPLICABILITY OF WAIVER AUTHOR4 ITY.—Paragraph (3) shall apply to qualified 

5 small public housing agencies, except that for 

6 purposes of such small public housing agencies, 

7 subparagraph (B) of such paragraph shall be 

8 applied by substituting ‘the functions described 

9 in the second sentence of paragraph (4)(A)’ for 

10 ‘the functions described in paragraph (2)’. 

11 ‘‘(f) PUBLIC HEARINGS.—’’; and 

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

13 amendment made by paragraph (1) of this sub14 section), by adding at the end the following new 

15 paragraph: 

16 ‘‘(5) QUALIFIED SMALL PUBLIC HOUSING

17 AGENCIES.— 

18 ‘‘(A) REQUIREMENT.—Notwithstanding 

19 that qualified small public housing agencies are 

20 exempt pursuant to subsection (b)(3)(A) from 

21 the requirement under this section to conduct a 

22 public hearing regarding the annual public 

23 housing plan of the agency, each qualified small 

24 public housing agency shall, not less than annu25 ally, conduct a public hearing to discuss the 
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1 goals, objectives, and policies of the agency, and 

2 any changes to such goals, objectives, and poli3 cies, and to invite public comment regarding 

4 such issues. 

5 ‘‘(B) AVAILABILITY OF INFORMATION AND

6 NOTICE.—Not later than 45 days before the 

7 date of such a hearing, the qualified small pub8 lic housing agency shall— 

9 ‘‘(i) make all information relevant to 

10 the hearing and any determinations of the 

11 agency regarding the goals, objectives, and 

12 policies of the agency to be considered at 

13 the hearing available for inspection by the 

14 public at the principal office of the public 

15 housing agency during normal business 

16 hours; and 

17 ‘‘(ii) publish a notice informing the 

18 public that (I) the information is available 

19 as required under clause (i), and (II) a 
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1 public hearing under subparagraph (A) will 

2 be conducted.’’. 

Passed the House of Representatives December 13, 

2005. 

Attest: KAREN L. HAAS, 

Clerk.