109TH CONGRESS 
1ST SESSION H. R. 3422
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.
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 ‘‘Small Public Housing 
Authority Act’’. 
SEC. 2. PUBLIC HOUSING AGENCY PLANS FOR CERTAIN 
SMALL PUBLIC HOUSING AGENCIES. 
(a) IN GENERAL.—Section 5A(b) of the United 
States Housing Act of 1937 (42 U.S.C. 1437c–1(b)) is 
amended by adding at the end the following new para-
graph: 
‘‘(3) EXEMPTION
OF
CERTAIN
SMALL
PHAS 
FROM FILING REQUIREMENT.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1) or any other provision of this Act—
‘‘(i) the requirement under paragraph 
(1) shall not apply to any qualified small 
public housing agency; and 
‘‘(ii) except as provided in subsection 
(e)(4)(B), any reference in this section or 
any other provision of law to a ‘public 
housing agency’ shall not be considered to 
refer to any qualified small public housing 
agency, to the extent such reference ap-
plies to the requirement to submit an an-
nual public housing agency plan under this 
subsection.
‘‘(B) CIVIL RIGHTS CERTIFICATION.—Not-
withstanding that qualified small public housing 
agencies are exempt pursuant to subparagraph 
(A) from the requirement under this section to 
prepare and submit an annual public housing 
plan, each qualified small public housing agency 
shall, on an annual basis, make the certification 
described in paragraph (15) of subsection (d) of 
this section, except that for purposes of such 
small public housing agencies, such paragraph 
shall be applied by substituting ‘the public 
housing program of the agency’ for ‘the public 
housing agency plan’. 
‘‘(C) DEFINITION.—For purposes of this 
section, the term ‘qualified small public housing 
agency’ means a public housing agency that 
meets all of the following requirements: 
‘‘(i) The sum of (I) the number of 
public housing dwelling units administered 
by the agency, and (II) the number of 
vouchers under section 8(o) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437f(o)) administered by the agency, is 
250 or fewer.
‘‘(ii) The agency is not designated 
pursuant to section 6(j)(2) as a troubled 
public housing agency.’’. 
(b) RESIDENT PARTICIPATION.—Section 5A of the 
United States Housing Act of 1937 (42 U.S.C. 1437c-1) 
is amended—
(1) in subsection (e), by inserting after para-
graph (3) the following: 
‘‘(4) QUALIFIED
SMALL
PUBLIC
HOUSING 
AGENCIES.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), nothing in this section may 
be construed to exempt a qualified small public 
housing agency from the requirement under 
paragraph (1) to establish one or more resident 
advisory boards. Notwithstanding that qualified 
small public housing agencies are exempt pur-
suant to subsection (b)(3)(A) from the require-
ment under this section to prepare and submit 
an annual public housing plan, each qualified 
small public housing agency shall consult with, 
and consider the recommendations of the resi-
dent advisory boards for the agency, in any de-
terminations and actions of the agency regard-
ing establishing goals, objectives, and policies of 
the agency. 
‘‘(B) APPLICABILITY OF WAIVER AUTHOR-
ITY.—Paragraph (3) shall apply to qualified 
small public housing agencies, except that for 
purposes of such small public housing agencies, 
subparagraph (B) of such paragraph shall be 
applied by substituting ‘the functions described 
in the second sentence of paragraph (4)(A)’ for 
‘the functions described in paragraph (2)’. 
‘‘(f) PUBLIC HEARINGS.—’’; and 
(2) in subsection (f) (as so designated by the 
amendment made by paragraph (1) of this sub-
section), by adding at the end the following new 
paragraph: 
‘‘(5) QUALIFIED
SMALL
PUBLIC
HOUSING 
AGENCIES.—
‘‘(A) 
REQUIREMENT.—Notwithstanding 
that qualified small public housing agencies are 
exempt pursuant to subsection (b)(3)(A) from 
the requirement under this section to conduct a 
public hearing regarding the annual public 
housing plan of the agency, each qualified small 
public housing agency shall, not less than annu-
ally, conduct a public hearing to discuss the