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II
113th CONGRESS
1st Session
S. 386
IN THE SENATE OF THE UNITED STATES
February 26, 2013
Mr. Begich introduced
the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and
Forestry
A BILL
To amend the Consolidated Farm and Rural Development Act
to provide and improve housing in rural areas for educators, public safety
officers, and medical providers, and their households, and for other
purposes.
1.
Short
title
This Act may be cited as
the Rural Educator and American
Community Housing Act of 2013.
2.
Housing for
educators, public safety officers, and medical providers
Section 306(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)) is amended by adding at the end the
following:
(26)
Grants and
loan guarantees to provide housing for educators, public safety officers, and
medical providers
(A)
Definitions
In
this paragraph:
(i)
Educator
The
term educator means an individual who—
(I) is employed
full-time as a teacher, principal, or administrator by—
(aa) a
public elementary school or secondary school that provides direct services to
students in grades prekindergarten through grade 12, or a Head Start program;
and
(bb) meets the
appropriate teaching certification or licensure requirements of the State for
the position in which the individual is employed; or
(II) is employed
full-time as a librarian, a career guidance or counseling provider, an
education aide, or in another instructional or administrative position for a
public elementary school or secondary school.
(ii)
Medical
provider
The term medical provider means—
(I) a licensed doctor
of medicine or osteopathy;
(II) an American
Indian, Alaska Native, or Native Hawaiian recognized as a traditional healing
practitioner;
(III) a health care
provider that—
(aa) is
licensed or certified under Federal or State law, as applicable; and
(bb) is
providing services that are eligible for coverage under a plan under the
Federal Employees Health Benefits Program under chapter 89 of title 5, United
States Code;
(IV) a provider
authorized under section 119 of the Indian Health Care Improvement Act (25
U.S.C. 1616l); or
(V) any other
individual that the Secretary determines is capable of providing health care
services.
(iii)
Public safety
officer
The term public safety officer means an
individual who is employed full-time—
(I) as a law
enforcement officer by a law enforcement agency of the Federal Government, a
State, a unit of general local government, or an Indian tribe; or
(II) as a firefighter
by a fire department of the Federal Government, a State, a unit of general
local government, or an Indian tribe.
(iv)
Qualified
community
The term qualified community means any
open country, or any place, town, village, or city—
(I) that is not part
of or associated with an urban area; and
(II) that—
(aa) has a population
of not more than 2,500; or
(bb) (AA) has a population of
not more than 10,000; and
(BB) is not accessible by a motor vehicle, as
defined in section 30102 of title 49, United States Code.
(v)
Qualified
housing
The term qualified housing means housing for
educators, public safety officers, or medical providers that is located in a
qualified community.
(vi)
Qualified
project
The term qualified project means—
(I) the construction,
modernization, renovation, or repair of qualified housing;
(II) the payment of
interest on bonds or other financing instruments (excluding instruments used
for refinancing) that are issued for the construction, modernization,
renovation, or repair of qualified housing;
(III) the repayment
of a loan used—
(aa) for the
construction, modernization, renovation, or repair of qualified housing;
or
(bb) to
purchase real property on which qualified housing will be constructed;
(IV) purchasing or
leasing real property on which qualified housing will be constructed,
renovated, modernized, or repaired; or
(V) any other
activity normally associated with the construction, modernization, renovation,
or repair of qualified housing, as determined by the Secretary.
(vii)
Educational
service agency, elementary school, local educational agency, secondary school,
State educational agency
The terms educational service
agency, elementary school, local educational
agency, secondary school, and State educational
agency have the meanings given those terms in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(B)
Grants
The
Secretary may make a grant to an applicant to carry out a qualified
project.
(C)
Loan
guarantees
The Secretary may guarantee a loan made to an
applicant for the construction, modernization, renovation, or repair of
qualified housing.
(D)
Financing
mechanisms
The Secretary may make payments of interest on bonds,
loans, or other financial instruments (other than financial instruments used
for refinancing) that are issued to an applicant for a qualified
project.
(E)
Application
An
applicant that desires a grant, loan guarantee, or payment of interest under
this paragraph shall submit to the Secretary an application that—
(i) indicates whether
the qualified housing for which the grant, loan guarantee, or payment of
interest is sought is located in a qualified community;
(ii) identifies the
applicant;
(iii) indicates
whether the applicant prefers to receive a grant, loan guarantee, or payment of
interest under this paragraph;
(iv) describes how
the applicant would ensure the adequate maintenance of qualified housing
assisted under this paragraph;
(v) demonstrates a
need for qualified housing in a qualified community, which may include a
deficiency of affordable housing, a deficiency of habitable housing, or the
need to modernize, renovate, or repair housing;
(vi) describes the
expected impact of the grant, loan guarantee, or payment of interest on—
(I) educators, public
safety officers, and medical providers in a qualified community, including the
impact on recruitment and retention of educators, public safety officers, and
medical providers; and
(II) the economy of a
qualified community, including—
(aa) any plans to use
small business concerns for the construction, modernization, renovation, or
repair of qualified housing; and
(bb) the short- and
long-term impact on the rate of employment in the qualified community;
and
(vii) describes how
the applicant would ensure that qualified housing assisted under this paragraph
is used for educators, public safety officers, and medical providers.
(F)
Input from
State Director of Rural Development
The State Director of Rural
Development for a State may submit to the Secretary an evaluation of any
application for a qualified project in the State for which an application for
assistance under this paragraph is submitted and the Secretary shall take into
consideration the evaluation in determining whether to provide
assistance.
(G)
Priority
In
awarding grants and making loan guarantees and payments of interest under this
paragraph, the Secretary shall give priority to an applicant that is—
(i) a
State educational agency or local educational agency;
(ii) an educational
service agency;
(iii) a State or
local housing authority;
(iv) an Indian tribe
or tribal organization, as those terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b);
(v) a
tribally designated housing entity;
(vi) a local
government; or
(vii) a consortium of
any of the entities described in clauses (i) through (vi).
(H)
Limitation
The
Secretary may provide assistance to the same applicant under only 1 of
subparagraphs (B), (C), and (D).
(I)
Requirement
As
a condition of eligibility for a grant, loan guarantee, or payment of interest
under this paragraph, at least 1 named applicant shall be required to maintain
ownership of the qualified housing that is the subject of the grant, loan
guarantee, or payment of interest during the greater of—
(i) 15 years;
or
(ii) the period of
the loan for which a loan guarantee or payment of interest is made under this
paragraph.
(J)
Reporting
(i)
By
applicants
Not later than 2 years after the date on which an
applicant receives a grant, loan guarantee, or payment of interest under this
paragraph, the applicant shall submit to the Secretary a report that—
(I) describes how the
grant, loan guarantee, or payment of interest was used; and
(II) contains an
estimate of the number of jobs created or maintained by use of the grant, loan
guarantee, or payment of interest.
(ii)
By
GAO
Not later than 2 years after the date of enactment of this
paragraph, the Comptroller General of the United States shall submit to
Congress a report evaluating the program under this paragraph.
(K)
Authorization
of appropriations
(i)
In
general
There is authorized to be appropriated to the Secretary
$50,000,0000 for fiscal year 2013, and each fiscal year thereafter.
(ii)
Availability
Any
amounts appropriated to carry out this paragraph shall remain available for
obligation by the Secretary during the 3-year period beginning on the date of
the appropriation.
(iii)
Use of
funds
Of any amounts appropriated for a fiscal year to carry out
this paragraph, the Secretary shall use—
(I) not less than 50
percent to make grants under this paragraph;
(II) not more than 5
percent to carry out national activities under this paragraph, including
providing technical assistance and conducting outreach to qualified
communities; and
(III) any amounts not
expended in accordance with subclauses (I) and (II) to make loan guarantees and
payments of interest under this
paragraph.
.