IB 
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. 
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. 
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 paragraph: 
‘‘(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) 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 a public 
housing agency plan under this subsection. 
‘‘(B) DEFINITION.—For purposes of this 
paragraph, 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. 
‘‘(iii) The agency provides assurances 
satisfactory to the Secretary that notwith-
standing the inapplicability of the require-
ments under this section relating to resi-
dent advisory boards and public hearings 
and notice, residents of public housing ad-
ministered by the agency will have an ade-
quate and comparable opportunity for par-
ticipation and notice regarding establish-
ment of the goals, objectives, and policies 
of the public housing agency.’’. 
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 paragraph: 
‘‘(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 applies 
to the requirement to submit an annual 
public housing agency plan under this sub-
section. 
‘‘(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 hous-
ing program of the agency’ for ‘the public hous-
ing agency plan’. 
‘‘(C) DEFINITION.—For purposes of this sec-
tion, 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 pub-
lic 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 pur-
suant 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 AGEN-
CIES.— 
‘‘(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 pursu-
ant to subsection (b)(3)(A) from the requirement 
under this section to prepare and submit an an-
nual public housing plan, each qualified small 
public housing agency shall consult with, and 
consider the recommendations of the resident ad-
visory boards for the agency, in any determina-
tions and actions of the agency regarding estab-
lishing goals, objectives, and policies of the agen-
cy. 
‘‘(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 ap-
plied 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 para-
graph: 
‘‘(5) QUALIFIED SMALL PUBLIC HOUSING AGEN-
CIES.— 
‘‘(A) REQUIREMENT.—Notwithstanding that 
qualified small public housing agencies are ex-
empt pursuant to subsection (b)(3)(A) from the 
requirement under this section to conduct a pub-
lic hearing regarding the annual public housing 
plan of the agency, each qualified small public 
housing agency shall, not less than annually, 
conduct a public hearing to discuss the goals, ob-
jectives, and policies of the agency, and any 
changes to such goals, objectives, and policies, 
and to invite public comment regarding such 
issues. 
‘‘(B) AVAILABILITY
OF
INFORMATION
AND 
NOTICE.—Not later than 45 days before the date
of such a hearing, the qualified small public 
housing agency shall— 
‘‘(i) make all information relevant to 
the hearing and any determinations of the 
agency regarding the goals, objectives, and 
policies of the agency to be considered at the 
hearing available for inspection by the pub-
lic at the principal office of the public hous-
ing agency during normal business hours; 
and 
‘‘(ii) publish a notice informing the 
public that (I) the information is available 
as required under clause (i), and (II) a 
public hearing under subparagraph (A) will 
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 
to exempt small public housing agencies from the 
requirement of preparing an annual public hous-
ing agency plan. 
DECEMBER 13, 2005 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed