[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1905 Reported in Senate (RS)]






                                                       Calendar No. 806
108th CONGRESS
  2d Session
                                S. 1905

                          [Report No. 108-414]

  To provide habitable living quarters for teachers, administrators, 
   other school staff, and their households in rural areas of Alaska 
               located in or near Alaska Native Villages.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 20, 2003

 Ms. Murkowski (for herself and Mr. Campbell) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

                           November 17, 2004

              Reported by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To provide habitable living quarters for teachers, administrators, 
   other school staff, and their households in rural areas of Alaska 
               located in or near Alaska Native Villages.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Rural Teacher Housing Act 
of 2003''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) housing for teachers, administrators, other 
        school staff, and their households in remote and rural areas of 
        Alaska is often substandard, if available at all;</DELETED>
        <DELETED>    (2) as a consequence, teachers, administrators, 
        other school staff, and their households are often forced to 
        find alternate shelter, sometimes even in school buildings; 
        and</DELETED>
        <DELETED>    (3) rural school districts in Alaska are facing 
        increased challenges, including meeting the mandates of the No 
        Child Left Behind Act, in recruiting employees due to the lack 
        of affordable, quality housing.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this Act is to provide 
habitable living quarters for teachers, administrators, other school 
staff, and their households in rural areas of Alaska located in or near 
Alaska Native Villages.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act, the following definitions shall 
apply:</DELETED>
        <DELETED>    (1) Alaska housing finance corporation.--The term 
        ``Alaska Housing Finance Corporation'' means the State housing 
        authority for the State of Alaska, created under the laws of 
        the State of Alaska, or any successor thereto.</DELETED>
        <DELETED>    (2) Elementary school.--The term ``elementary 
        school'' has the meaning given that term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).</DELETED>
        <DELETED>    (3) Eligible school district.--The term ``eligible 
        school district'' means a public school district (as defined 
        under the laws of the State of Alaska) located in the State of 
        Alaska that operates one or more schools in a qualified 
        community.</DELETED>
        <DELETED>    (4) Native village.--The term ``Native Village''--
        </DELETED>
                <DELETED>    (A) has the meaning given that term in 
                section 3 of the Alaska Native Claims Settlement Act 
                (43 U.S.C 1602); and</DELETED>
                <DELETED>    (B) includes the Metlakatla Indian 
                Community of the Annette Islands Reserve.</DELETED>
        <DELETED>    (5) Other school staff.--The term ``other school 
        staff'' means pupil services personnel, librarians, career 
        guidance and counseling personnel, education aides, and other 
        instructional and administrative school personnel.</DELETED>
        <DELETED>    (6) Qualified community.--</DELETED>
                <DELETED>    (A) In general.--The term ``qualified 
                community'' means a home rule or general law city 
                incorporated under the laws of the State of Alaska, or 
                an unincorporated community (as defined under the laws 
                of the State of Alaska) in the State of Alaska situated 
                outside the limits of such a city, with respect to 
                which, the Alaska Housing Finance Corporation has 
                determined that the city or unincorporated community--
                </DELETED>
                        <DELETED>    (i) has a population of 6,500 or 
                        fewer individuals;</DELETED>
                        <DELETED>    (ii) is situated within or near a 
                        Native Village, as determined by the Alaska 
                        Housing Finance Corporation; and</DELETED>
                        <DELETED>    (iii) is not connected by road or 
                        railroad to the municipality of Anchorage, 
                        Alaska.</DELETED>
                <DELETED>    (B) Connected by road.--In this paragraph, 
                the term ``connected by road'' does not include a 
                connection by way of the Alaska Marine Highway System, 
                created under the laws of the State of Alaska, or a 
                connection that requires travel by road through 
                Canada.</DELETED>
        <DELETED>    (7) Secondary school.--The term ``secondary 
        school'' has the meaning given that term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).</DELETED>
        <DELETED>    (8) Secretary.--The term ``Secretary'' means the 
        Secretary of Housing and Urban Development.</DELETED>
        <DELETED>    (9) Teacher.--The term ``teacher'' means an 
        individual who is employed as a teacher in a public elementary 
        or secondary school, and meets the teaching certification or 
        licensure requirements of the State of Alaska.</DELETED>
        <DELETED>    (10) Tribally designated housing entity.--The term 
        ``tribally designated housing entity'' has the meaning given 
        that term in section 4 of the Native American Housing 
        Assistance and Self-Determination Act of 1996 (25 U.S.C. 
        4103).</DELETED>
        <DELETED>    (11) Village corporation.--The term ``Village 
        Corporation'' has the meaning given that term in section 3 of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1602), and 
        includes urban and group corporations, as defined in that 
        section.</DELETED>

<DELETED>SEC. 4. RURAL TEACHER HOUSING PROGRAM.</DELETED>

<DELETED>    (a) Grants and Loans Authorized.--The Secretary shall 
provide funds to the Alaska Housing Finance Corporation in accordance 
with the regulations promulgated under section 5, to be used as 
provided under subsection (b).</DELETED>
<DELETED>    (b) Use of Funds.--</DELETED>
        <DELETED>    (1) In general.--Funds received pursuant to 
        subsection (a) shall be used by the Alaska Housing Finance 
        Corporation to make grants or loans to eligible school 
        districts, to be used as provided in paragraph (2).</DELETED>
        <DELETED>    (2) Use of funds by eligible school districts.--
        Grants or loans received by an eligible school district 
        pursuant to paragraph (1) shall be used for--</DELETED>
                <DELETED>    (A) the construction of new housing units 
                within a qualified community;</DELETED>
                <DELETED>    (B) the purchase and rehabilitation of 
                existing structures to be used as housing units within 
                a qualified community;</DELETED>
                <DELETED>    (C) the rehabilitation of housing units 
                within a qualified community;</DELETED>
                <DELETED>    (D) the leasing of housing units within a 
                qualified community;</DELETED>
                <DELETED>    (E) purchasing or leasing real property on 
                which housing units will be constructed, purchased, or 
                rehabilitated within a qualified community;</DELETED>
                <DELETED>    (F) the repayment of a loan used for the 
                purposes of constructing, purchasing, or rehabilitating 
                housing units, or for purchasing real property on which 
                housing units will be constructed, purchased, or 
                rehabilitated, within a qualified community, or any 
                activity under subparagraph (G);</DELETED>
                <DELETED>    (G) any other activities normally 
                associated with the construction, purchase, or 
                rehabilitation of housing units within a qualified 
                community, including--</DELETED>
                        <DELETED>    (i) connecting housing units to 
                        various utilities;</DELETED>
                        <DELETED>    (ii) preparation of construction 
                        sites;</DELETED>
                        <DELETED>    (iii) transporting all equipment 
                        and materials necessary for the construction or 
                        rehabilitation of housing units to and from the 
                        site on which such housing units exist or will 
                        be constructed; and</DELETED>
                        <DELETED>    (iv) environmental assessment and 
                        remediation of construction sites or sites 
                        where housing units exist; and</DELETED>
                <DELETED>    (H) the funding of any remaining costs for 
                the construction, purchase, or rehabilitation of 
                housing units within a qualified community, the 
                purchase of real property within a qualified community, 
                or any activity listed under subparagraph (G) that is 
                not financed by loans or other sources of 
                funding.</DELETED>
<DELETED>    (c) Ownership of Housing and Land.--</DELETED>
        <DELETED>    (1) In general.--All housing units constructed, 
        purchased, or rehabilitated, or real property purchased, with 
        grant or loan funds provided under this Act, or with respect to 
        which funds under this Act have been expended, shall be owned 
        by the relevant eligible school district, municipality (as 
        defined under the laws of the State of Alaska), Village 
        Corporation, the Metlakatla Indian Community of the Annette 
        Islands Reserve, or a tribally designated housing entity. 
        Ownership of housing units and real property may be transferred 
        between such entities.</DELETED>
<DELETED>    (d) Occupancy of Housing Units.--</DELETED>
        <DELETED>    (1) In general.--Except as provided under 
        paragraphs (2) and (3), each housing unit constructed, 
        purchased, rehabilitated, or leased with grant or loan funds 
        under this Act, or with respect to which funds awarded under 
        this Act have been expended, shall be provided to teachers, 
        administrators, other school staff, and members of their 
        households.</DELETED>
        <DELETED>    (2) Non-session months.--A housing unit 
        constructed, purchased, rehabilitated, or leased with grant or 
        loan funds under this Act, or with respect to which funds 
        awarded under this Act have been expended, may be occupied by 
        individuals other than teachers, administrators, other school 
        staff, or members of their household, only during those times 
        in which school is not in session.</DELETED>
        <DELETED>    (3) Temporary occupants.--A vacant housing unit 
        constructed, purchased, rehabilitated, or leased with grant or 
        loan funds under this Act, or with respect to which funds 
        awarded under this Act have been expended, may be occupied by a 
        contractor or guest of an eligible school district for a 
        maximum period of time, to be determined by the Alaska Housing 
        Finance Corporation.</DELETED>
<DELETED>    (e) Compliance With Law.--Each eligible school district 
receiving a grant or loan under this Act shall ensure that all housing 
units constructed, purchased, rehabilitated, or leased with such grant 
or loan funds, or with respect to which funds awarded under this Act 
have been expended, meet all applicable laws, regulations, and 
ordinances.</DELETED>
<DELETED>    (f) Program Policies.--</DELETED>
        <DELETED>    (1) In general.--The Alaska Housing Finance 
        Corporation, after consulting with eligible school districts, 
        shall establish policies governing the administration of grant 
        and loan funds made available under this Act. Such policies 
        shall include a methodology for ensuring that funds provided 
        under this Act are made available on an equitable basis to 
        eligible school districts.</DELETED>
        <DELETED>    (2) Revisions.--Not less than every 3 years, the 
        Alaska Housing Finance Corporation shall, in consultation with 
        eligible school districts, consider revisions to the policies 
        established under paragraph (1).</DELETED>

<DELETED>SEC. 5. REGULATIONS.</DELETED>

<DELETED>    Not later than 1 year after the date of enactment of this 
Act, the Secretary shall promulgate such regulations as are necessary 
to carry out this Act.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--There are authorized to be appropriated 
to the Department of Housing and Urban Development such sums as are 
necessary for each of the fiscal years 2005 through 2014, to carry out 
this Act.</DELETED>
<DELETED>    (b) Limitation.--The Secretary and the Alaska Housing 
Finance Corporation shall each use not more than 5 percent of the funds 
appropriated in any fiscal year to carry out this Act for 
administrative expenses associated with the implementation of this 
Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Teacher Housing Act of 2004''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) housing for teachers, administrators, other school 
        staff, and their households in remote and rural areas of Alaska 
        is often substandard, if available at all;
            (2) as a consequence, teachers, administrators, other 
        school staff, and their households are often forced to find 
        alternate shelter, sometimes even in school buildings; and
            (3) rural school districts in Alaska are facing increased 
        challenges, including meeting the mandates of the No Child Left 
        Behind Act, in recruiting employees due to the lack of 
        affordable, quality housing.
    (b) Purpose.--The purpose of this Act is to provide habitable 
living quarters for teachers, administrators, other school staff, and 
their households in rural areas of Alaska located in or near Alaska 
Native Villages.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Alaska housing finance corporation.--The term ``Alaska 
        Housing Finance Corporation'' means the State housing authority 
        for the State of Alaska, created under the laws of the State of 
        Alaska, or any successor thereto.
            (2) Elementary school.--The term ``elementary school'' has 
        the meaning given that term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (3) Eligible school district.--The term ``eligible school 
        district'' means a public school district (as defined under the 
        laws of the State of Alaska) located in the State of Alaska 
        that operates one or more schools in a qualified community.
            (4) Native village.--The term ``Native Village''--
                    (A) has the meaning given that term in section 3 of 
                the Alaska Native Claims Settlement Act (43 U.S.C 
                1602); and
                    (B) includes the Metlakatla Indian Community of the 
                Annette Islands Reserve.
            (5) Other school staff.--The term ``other school staff'' 
        means pupil services personnel, librarians, career guidance and 
        counseling personnel, education aides, and other instructional 
        and administrative school personnel.
            (6) Qualified community.--
                    (A) In general.--The term ``qualified community'' 
                means a home rule or general law city incorporated 
                under the laws of the State of Alaska, or an 
                unincorporated community (as defined under the laws of 
                the State of Alaska) in the State of Alaska situated 
                outside the limits of such a city, with respect to 
                which, the Alaska Housing Finance Corporation has 
                determined that the city or unincorporated community--
                            (i) has a population of 6,500 or fewer 
                        individuals;
                            (ii) is situated within or near a Native 
                        Village, as determined by the Alaska Housing 
                        Finance Corporation; and
                            (iii) is not connected by road or railroad 
                        to the municipality of Anchorage, Alaska.
                    (B) Connected by road.--In this paragraph, the term 
                ``connected by road'' does not include a connection by 
                way of the Alaska Marine Highway System, created under 
                the laws of the State of Alaska, or a connection that 
                requires travel by road through Canada.
            (7) Secondary school.--The term ``secondary school'' has 
        the meaning given that term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (9) Teacher.--The term ``teacher'' means an individual who 
        is employed as a teacher in a public elementary or secondary 
        school, and meets the teaching certification or licensure 
        requirements of the State of Alaska.
            (10) Tribally designated housing entity.--The term 
        ``tribally designated housing entity'' has the meaning given 
        that term in section 4 of the Native American Housing 
        Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
            (11) Village corporation.--The term ``Village Corporation'' 
        has the meaning given that term in section 3 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1602), and includes 
        urban and group corporations, as defined in that section.

SEC. 4. RURAL TEACHER HOUSING PROGRAM.

    (a) Grants and Loans Authorized.--The Secretary shall provide funds 
to the Alaska Housing Finance Corporation in accordance with the 
regulations promulgated under section 5, to be used as provided under 
subsection (b).
    (b) Use of Funds.--
            (1) In general.--Funds received pursuant to subsection (a) 
        shall be used by the Alaska Housing Finance Corporation to make 
        grants or loans to eligible school districts, to be used as 
        provided in paragraph (2).
            (2) Use of funds by eligible school districts.--Grants or 
        loans received by an eligible school district pursuant to 
        paragraph (1) shall be used for--
                    (A) the construction of new housing units within a 
                qualified community;
                    (B) the purchase and rehabilitation of existing 
                structures to be used as housing units within a 
                qualified community;
                    (C) the rehabilitation of housing units within a 
                qualified community;
                    (D) the leasing of housing units within a qualified 
                community;
                    (E) purchasing or leasing real property on which 
                housing units will be constructed, purchased, or 
                rehabilitated within a qualified community;
                    (F) the repayment of a loan used for the purposes 
                of constructing, purchasing, or rehabilitating housing 
                units, or for purchasing real property on which housing 
                units will be constructed, purchased, or rehabilitated, 
                within a qualified community, or any activity under 
                subparagraph (G);
                    (G) any other activities normally associated with 
                the construction, purchase, or rehabilitation of 
                housing units within a qualified community, including--
                            (i) connecting housing units to various 
                        utilities;
                            (ii) preparation of construction sites;
                            (iii) transporting all equipment and 
                        materials necessary for the construction or 
                        rehabilitation of housing units to and from the 
                        site on which such housing units exist or will 
                        be constructed; and
                            (iv) environmental assessment and 
                        remediation of construction sites or sites 
                        where housing units exist; and
                    (H) the funding of any remaining costs for the 
                construction, purchase, or rehabilitation of housing 
                units within a qualified community, the purchase of 
                real property within a qualified community, or any 
                activity listed under subparagraph (G) that is not 
                financed by loans or other sources of funding.
    (c) Ownership of Housing and Land.--
            (1) In general.--All housing units constructed, purchased, 
        or rehabilitated, or real property purchased, with grant or 
        loan funds provided under this Act, or with respect to which 
        funds under this Act have been expended, shall be owned by the 
        relevant eligible school district, municipality (as defined 
        under the laws of the State of Alaska), Village Corporation, 
        the Metlakatla Indian Community of the Annette Islands Reserve, 
        or a tribally designated housing entity. Ownership of housing 
        units and real property may be transferred between such 
        entities.
    (d) Occupancy of Housing Units.--
            (1) In general.--Except as provided under paragraphs (2) 
        and (3), each housing unit constructed, purchased, 
        rehabilitated, or leased with grant or loan funds under this 
        Act, or with respect to which funds awarded under this Act have 
        been expended, shall be provided to teachers, administrators, 
        other school staff, and members of their households.
            (2) Non-session months.--A housing unit constructed, 
        purchased, rehabilitated, or leased with grant or loan funds 
        under this Act, or with respect to which funds awarded under 
        this Act have been expended, may be occupied by individuals 
        other than teachers, administrators, other school staff, or 
        members of their household, only during those times in which 
        school is not in session.
            (3) Temporary occupants.--A vacant housing unit 
        constructed, purchased, rehabilitated, or leased with grant or 
        loan funds under this Act, or with respect to which funds 
        awarded under this Act have been expended, may be occupied by a 
        contractor or guest of an eligible school district for a 
        maximum period of time, to be determined by the Alaska Housing 
        Finance Corporation.
    (e) Compliance With Law.--Each eligible school district receiving a 
grant or loan under this Act shall ensure that all housing units 
constructed, purchased, rehabilitated, or leased with such grant or 
loan funds, or with respect to which funds awarded under this Act have 
been expended, meet all applicable laws, regulations, and ordinances.
    (f) Program Policies.--
            (1) In general.--The Alaska Housing Finance Corporation, 
        after consulting with eligible school districts, shall 
        establish policies governing the administration of grant and 
        loan funds made available under this Act. Such policies shall 
        include a methodology for ensuring that funds provided under 
        this Act are made available on an equitable basis to eligible 
        school districts.
            (2) Revisions.--Not less than every 3 years, the Alaska 
        Housing Finance Corporation shall, in consultation with 
        eligible school districts, consider revisions to the policies 
        established under paragraph (1).

SEC. 5. REGULATIONS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall promulgate such regulations as are necessary to carry 
out this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Department of Agriculture to carry out this Act such sums as are 
necessary for fiscal years 2006 through 2015.
    (b) Limitation.--The Secretary and the Alaska Housing Finance 
Corporation shall each use not more than 5 percent of the funds 
appropriated in any fiscal year to carry out this Act for 
administrative expenses associated with the implementation of this Act.




                                                       Calendar No. 806

108th CONGRESS

  2d Session

                                S. 1905

                          [Report No. 108-414]

_______________________________________________________________________

                                 A BILL

  To provide habitable living quarters for teachers, administrators, 
   other school staff, and their households in rural areas of Alaska 
               located in or near Alaska Native Villages.

_______________________________________________________________________

                           November 17, 2004

                       Reported with an amendment