IIB
110th CONGRESS
1st Session
H. R. 3067
IN THE SENATE OF THE UNITED STATES
July 31, 2007
Received
August 3, 2007
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.
Short title
This Act may be cited as the
Small Public Housing Authority
Act
.
Public housing agency plans for certain small public housing agencies
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:
Exemption of certain small phas from filing requirement
In general
Notwithstanding paragraph (1) or any other provision of this Act—
the requirement under paragraph (1) shall not apply to any qualified small public housing agency; and
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 subsection.
Civil rights certification
Notwithstanding
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 (16)
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
.
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:
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.
The agency—
is not designated pursuant to section 6(j)(2) as a troubled public housing agency; and
has not, within the preceding 12 months, been assigned a failing or below passing score under the section 8 management assessment program of the Secretary.
.
Resident participation
Section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c–1) is amended—
in subsection (e), by inserting after paragraph (3) the following:
Qualified small public housing agencies
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 pursuant to subsection (b)(3)(A) from the requirement 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 resident advisory boards for the agency, in any determinations and actions of the agency regarding establishing goals, objectives, and policies of the agency.
Applicability of waiver authority
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)
.
Public hearings
; and
in subsection (f) (as so designated by the amendment made by paragraph (1) of this subsection), by adding at the end the following new paragraph:
Qualified small public housing agencies
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 annually, conduct a public hearing to discuss the goals, objectives, and policies of the agency, and any changes to such goals, objectives, and policies, and to invite public comment regarding such issues.
Availability of information and notice
Not later than 45 days before the date of such a hearing, the qualified small public housing agency shall—
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 public at the principal office of the public housing agency during normal business hours; and
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.
.
Amendments and modifications to plans
Subsection (g) of section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c–1(g)) is amended by adding at the end the following new paragraph:
Qualified small public housing agencies
Except to the extent that this subsection applies to annual public housing agency plans, nothing in this section may be construed to exempt a qualified small public housing agency from the requirements under this subsection.
.
Passed the House of Representatives July 30, 2007.
Lorraine C. Miller,
Clerk.