II 

109TH CONGRESS 

2D SESSION S. 2707 

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

housing agencies from the requirement of preparing an annual public 

housing agency plan. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2006 

Mr. SUNUNU (for himself and Mrs. DOLE) introduced the following bill; which 

was read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

A BILL 

To amend the United States Housing Act of 1937 to exempt 

qualified 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Authorities Paperwork Reduction Act’’. 


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1 SEC. 2. PUBLIC HOUSING AGENCY PLANS FOR CERTAIN 

2 QUALIFIED PUBLIC HOUSING AGENCIES. 

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

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

5 amended by adding at the end the following: 

6 ‘‘(3) EXEMPTION OF CERTAIN PHAS FROM FIL7 ING 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 public 

12 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 public housing agen18 cy, to the extent such reference applies to 

19 the requirement to submit an annual pub20 lic housing agency plan under this sub21 section. 

22 ‘‘(B) CIVIL RIGHTS CERTIFICATION.—Not23 withstanding that qualified public housing agen24 cies are exempt under subparagraph (A) from 

25 the requirement under this section to prepare 

26 and submit an annual public housing plan, each 


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1 qualified public housing agency shall, on an an2 nual basis, make the certification described in 

3 paragraph (16) of subsection (d), except that 

4 for purposes of such qualified public housing 

5 agencies, such paragraph shall be applied by 

6 substituting ‘the public housing program of the 

7 agency’ for ‘the public housing agency plan’. 

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

9 section, the term ‘qualified public housing agen10 cy’ means a public housing agency that— 

11 ‘‘(i) administers— 

12 ‘‘(I) 500 or fewer public housing 

13 dwelling units; or 

14 ‘‘(II) any number of vouchers 

15 under section 8(o) of the United 

16 States Housing Act of 1937 (42 

17 U.S.C. 1437f(o)); and 

18 ‘‘(ii) is not designated under section 

19 6(j)(2) as a troubled public housing agen20 cy.’’. 

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

22 United States Housing Act of 1937 (42 U.S.C. 1437c– 

23 1) is amended— 

24 (1) in subsection (e), by inserting after para25 graph (3) the following: 


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1 ‘‘(4) QUALIFIED PUBLIC HOUSING AGENCIES.— 

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

3 subparagraph (B), nothing in this section may 

4 be construed to exempt a qualified public hous5 ing agency from the requirement under para6 graph (1) to establish 1 or more resident advi7 sory boards. Notwithstanding that qualified 

8 public housing agencies are exempt under sub9 section (b)(3)(A) from the requirement under 

10 this section to prepare and submit an annual 

11 public housing plan, each qualified public hous12 ing agency shall consult with, and consider the 

13 recommendations of the resident advisory 

14 boards for the agency, at the annual public 

15 hearing required under subsection (f)(5), re16 garding any changes to the goals, objectives, 

17 and policies of that agency. 

18 ‘‘(B) APPLICABILITY OF WAIVER AUTHOR19 ITY.—Paragraph (3) shall apply to qualified 

20 public housing agencies, except that for pur21 poses of such qualified public housing agencies, 

22 subparagraph (B) of such paragraph shall be 

23 applied by substituting ‘the functions described 

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

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


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1 ‘‘(f) PUBLIC HEARINGS.—’’; and 

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

3 amendment made by paragraph (1)), by adding at 

4 the end the following: 

5 ‘‘(5) QUALIFIED PUBLIC HOUSING AGENCIES.— 

6 ‘‘(A) REQUIREMENT.—Notwithstanding 

7 that qualified public housing agencies are ex8 empt under subsection (b)(3)(A) from the re9 quirement under this section to conduct a pub10 lic hearing regarding the annual public housing 

11 plan of the agency, each qualified public hous12 ing agency shall annually conduct a public hear13 ing— 

14 ‘‘(i) to discuss any changes to the 

15 goals, objectives, and policies of the agen16 cy; and 

17 ‘‘(ii) to invite public comment regard18 ing such changes. 

19 ‘‘(B) AVAILABILITY OF INFORMATION AND

20 NOTICE.—Not later than 45 days before the 

21 date of any hearing described in subparagraph 

22 (A), a qualified public housing agency shall— 

23 ‘‘(i) make all information relevant to 

24 the hearing and any determinations of the 

25 agency regarding changes to the goals, obVerDate Aug 31 2005 17:29 May 06, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2707.IS S2707

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1 jectives, and policies of the agency to be 

2 considered at the hearing available for in3 spection by the public at the principal of4 fice of the public housing agency during 

5 normal business hours; and 

6 ‘‘(ii) publish a notice informing the 

7 public that— 

8 ‘‘(I) the information is available 

9 as required under clause (i); and 

10 ‘‘(II) a public hearing under sub11 paragraph (A) will be conducted.’’ 

Æ 


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