II 109th CONGRESS 1st Session S. 1980 IN THE SENATE OF THE UNITED STATES November 9, 2005 Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To provide habitable living quarters for teachers, administrators, and other school staff, and their households, in rural areas of Alaska located in or near Alaska Native villages.

1.

Short title

This Act may be cited as the Rural Teacher Housing Act of 2005.

2.

Findings and purpose

(a)

Findings

Congress finds that— (1)housing for teachers, administrators, other school staff, and the households of such staff in remote and rural areas of the State of Alaska is often substandard, if available at all; (2)teachers, administrators, other school staff, and the households of such staff are often forced to find alternate shelter, sometimes even in school buildings; and (3)rural school districts in the State of Alaska face increased challenges, including meeting the requirements of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), 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 the households of such staff in rural areas of the State of Alaska located in or near Alaska Native villages.

3.

Definitions

In this Act: (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 a successor authority). (2)

Elementary school

The term elementary school has the meaning given the 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 1 or more schools in a qualified community. (4)

Native village

(A)

In general

The term Native village has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (B)

Inclusion

The term Native village includes the Metlakatla Indian Community of the Annette Islands Reserve. (5)

Other school staff

The term other school staff means— (A)pupil services personnel; (B)librarians; (C)career guidance and counseling personnel; (D)education aides; and (E)other instructional and administrative school personnel. (6)

Qualified community

The term qualified community means a home rule city or a 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 located outside the boundaries of such a city, that, as determined by the Alaska Housing Finance Corporation— (A)has a population of not greater than 6,500 individuals; (B)is located in or near a Native village; and (C)is not connected by road or railroad to the municipality of Anchorage, Alaska, excluding any connection— (i)by the Alaska Marine Highway System created under the laws of the State of Alaska; or (ii)that requires travel by road through Canada. (7)

Secondary school

The term secondary school has the meaning given the 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 Housing and Urban Development. (9)

Teacher

The term teacher means an individual who— (A)is employed as a teacher in a public elementary school or secondary school; and (B)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 the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103). (11)

Village corporation

(A)

In general

The term Village Corporation has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (B)

Inclusions

The term Village Corporation includes, as defined in section 3 of that Act (43 U.S.C. 1602)— (i)Urban Corporations; and (ii)Group Corporations.

4.

Rural teacher housing program

(a)

In general

The Secretary shall provide funds to the Alaska Housing Finance Corporation in accordance with regulations promulgated under section 5 for use in accordance with subsection (b). (b)

Use of Funds

(1)

In general

The Alaska Housing Finance Corporation shall use funds provided under subsection (a) to provide grants and loans to eligible school districts for use in accordance with paragraph (2). (2)

Use of funds by eligible school districts

An eligible school district shall use a grant or loan under paragraph (1) for— (A)the construction of new housing units in a qualified community; (B)the purchase and rehabilitation of existing structures to be used as housing units in a qualified community; (C)the rehabilitation of housing units in a qualified community; (D)the leasing of housing units in a qualified community; (E)purchasing or leasing real property on which housing units will be constructed, purchased, or rehabilitated in a qualified community; (F)the repayment of a loan to— (i)construct, purchase, or rehabilitate housing units; (ii)purchase real property on which housing units will be constructed, purchased, or rehabilitated in a qualified community; or (iii)carry out an activity described in subparagraph (G); and (G)any other activity normally associated with the construction, purchase, or rehabilitation of housing units, or the purchase or lease of real property on which housing units will be constructed, purchased, or rehabilitated, in a qualified community, including— (i)connecting housing units to a utility; (ii)preparing construction sites; (iii)transporting any equipment or material necessary for the construction or rehabilitation of housing units to and from the site on which the housing units are or will be constructed; and (iv)carrying out an environmental assessment and remediation of a construction site or a site on which housing units are located. (c)

Ownership of Housing and Land

(1)

In general

Any housing unit constructed, purchased, or rehabilitated, and any real property purchased, using a grant or loan provided under this section shall be considered to be owned, as the Secretary determines to be appropriate, by— (A)the affected eligible school district; (B)the affected municipality, as defined under the laws of the State of Alaska; (C)the affected Village Corporation; (D)the Metlakatla Indian Community of the Annette Islands Reserve; or (E)a tribally designated housing entity. (2)

Transfer of ownership

Ownership of a housing unit or real property under paragraph (1) may be transferred between the entities described in that paragraph. (d)

Occupancy of Housing Units

(1)

In general

Except as provided in paragraphs (2) and (3), each housing unit constructed, purchased, rehabilitated, or leased using a grant or loan under this section shall be occupied by— (A)(i)a teacher; (ii)an administrator; or (iii)other school staff; and (B)the household of an individual described in subparagraph (A), if any. (2)

Nonsession months

A housing unit constructed, purchased, rehabilitated, or leased using a grant or loan under this section may be occupied by an individual other an individual described in paragraph (1) only during a period in which school is not in session. (3)

Temporary occupants

A vacant housing unit constructed, purchased, rehabilitated, or leased using a grant or loan under this section may be occupied by a contractor or guest of an eligible school district for a period to be determined by the Alaska Housing Finance Corporation, by regulation. (e)

Compliance With Law

An eligible school district that receives a grant or loan under this section shall ensure that each housing unit constructed, purchased, rehabilitated, or leased using the grant or loan complies with applicable laws (including regulations and ordinances). (f)

Program Policies

(1)

In general

The Alaska Housing Finance Corporation, in consultation with any appropriate eligible school district, shall establish policies governing the administration of grants and loans under this section, including a method of ensuring that funds are made available on an equitable basis to eligible school districts. (2)

Revisions

Not less frequently than once every 3 years, the Alaska Housing Finance Corporation, in consultation with any appropriate eligible school district, shall take into consideration revisions to the policies established under paragraph (1).

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.

6.

Authorization of appropriations

(a)

In General

There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act for each of fiscal years 2007 through 2016. (b)

Administrative expenses

Each of the Secretary and the Alaska Housing Finance Corporation shall use not more than 5 percent of funds appropriated during a fiscal year to pay administrative expenses incurred in carrying out this Act.