II 

112TH CONGRESS 

2D SESSION S. 3590 

To amend the Denali Commission Act of 1998 to reauthorize and modify 

the membership of the Denali Commission, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2012 

Mr. BEGICH (for himself and Ms. MURKOWSKI) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend the Denali Commission Act of 1998 to reauthorize 

and modify the membership of the Denali Commission, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Denali Commission 

5 Reauthorization Act of 2012’’. 

6 SEC. 2. ESTABLISHMENT OF COMMISSION. 

7 Section 303 of the Denali Commission Act of 1998 

8 (42 U.S.C. 3121 note; Public Law 105–277) is amend9 ed— 


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1 (1) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) MEMBERSHIP.— 

4 ‘‘(1) COMPOSITION.—The Commission shall be 

5 composed of 7 members with a Statewide perspective 

6 and knowledge regarding rural Alaska matters (in7 cluding transportation, health, education and train8 ing, energy, economic development, community and 

9 regional planning, design, construction, and mainte10 nance of rural infrastructure, workforce develop11 ment, and communication infrastructure and sys12 tems), of whom— 

13 ‘‘(A) 5 shall appointed by the Secretary of 

14 Commerce (referred to in this title as the ‘Sec15 retary’), of whom— 

16 ‘‘(i) 1 shall represent the views and 

17 perspectives of an organized labor or voca18 tional training group within the State of 

19 Alaska; 

20 ‘‘(ii) 1 shall represent the views and 

21 perspectives of Native Corporations (as de22 fined in section 3 of the Alaska Native 

23 Claims Settlement Act (43 U.S.C. 1602)); 


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1 ‘‘(iii) 1 shall have experience relating 

2 to project management and construction in 

3 rural Alaska; 

4 ‘‘(iv) 1 shall represent the views and 

5 perspectives of rural local government in6 terests in the State of Alaska; and 

7 ‘‘(v) 1 shall represent the views and 

8 perspectives of rural tribal interests in the 

9 State of Alaska; 

10 ‘‘(B) 1 shall be the Governor of the State 

11 of Alaska or an individual selected by the Sec12 retary from nominations submitted by the Gov13 ernor; and 

14 ‘‘(C) 1 shall be the Federal Cochairperson 

15 of the Commission, to be appointed by the Sec16 retary in accordance with paragraph (3). 

17 ‘‘(2) DATE OF APPOINTMENTS.—The appoint18 ments of the members of the Commission under sub19 paragraphs (A) and (B) of paragraph (1) shall be 

20 made by not later than 90 days after the date of en21 actment of the Denali Commission Reauthorization 

22 Act of 2012. 

23 ‘‘(3) FEDERAL COCHAIRPERSON.— 

24 ‘‘(A) RECOMMENDATIONS.—Not later than 

25 30 days after the date of appointment of the 


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1 members of the Commission described in para2 graph (2), those members shall submit to the 

3 Secretary recommendations for an individual to 

4 serve as Federal Cochairperson of the Commis5 sion under paragraph (1)(C). 

6 ‘‘(B) SELECTION.— 

7 ‘‘(i) IN GENERAL.—Not later than 60 

8 days after the date of receipt of the rec9 ommendations under subparagraph (A), 

10 the Secretary shall appoint an individual to 

11 serve as Federal Cochairperson of the 

12 Commission. 

13 ‘‘(ii) CONSIDERATION.—In appointing 

14 the Federal Cochairperson under clause 

15 (i), the Secretary may take into consider16 ation, but shall not be required to select, 

17 any individual recommended under sub18 paragraph (A). 

19 ‘‘(C) TREATMENT.—The Federal Cochair20 person shall be a nonvoting member of the 

21 Commission. 

22 ‘‘(D) VACANCY.— 

23 ‘‘(i) IN GENERAL.—Any vacancy in 

24 the position of Federal Cochairperson shall 


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1 be filled in the same manner as the origi2 nal appointment. 

3 ‘‘(ii) INTERIM FEDERAL COCHAIR4 PERSON.—Before vacating the position of 

5 Federal Cochairperson, the Federal Co6 chairperson shall appoint to serve as In7 terim Federal Cochairperson, for the pe8 riod beginning on the date on which the 

9 vacancy in the position of Federal Cochair10 person occurs and ending on the date on 

11 which a new Federal Cochairperson is ap12 pointed under clause (i), the staff member 

13 of the Commission with the most seniority. 

14 ‘‘(4) STATUS.—No member of the Commission 

15 (other than the Federal Cochairperson) shall be con16 sidered to be an employee of the Federal Govern17 ment for any purpose.’’; and 

18 (2) in subsection (c)— 

19 (A) in the first sentence, by striking ‘‘The 

20 Federal Cochairperson’’ and inserting the fol21 lowing: 

22 ‘‘(1) FEDERAL COCHAIRPERSON.—The Federal 

23 Cochairperson’’; and 

24 (B) by striking the second and third sen25 tences and inserting the following: 


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1 ‘‘(2) MEMBERS.— 

2 ‘‘(A) TERMS.—A member of the Commis3 sion shall be appointed for a term of 4 years, 

4 except that, of the members first appointed— 

5 ‘‘(i) the members appointed under 

6 clauses (ii) and (iv) of subsection (b)(1)(A) 

7 shall be appointed for terms of 3 years; 

8 and 

9 ‘‘(ii) the members appointed under 

10 clauses (i) and (iii) of subsection (b)(1)(A) 

11 shall be appointed for terms of 2 years. 

12 ‘‘(B) VACANCIES.— 

13 ‘‘(i) IN GENERAL.—A vacancy on the 

14 Commission— 

15 ‘‘(I) shall not affect the powers of 

16 the Commission; 

17 ‘‘(II) shall be filled in the manner 

18 in which the original appointment was 

19 made; and 

20 ‘‘(III) shall be subject to any 

21 conditions that applied with respect to 

22 the original appointment. 

23 ‘‘(ii) FILLING UNEXPIRED TERM.—An 

24 individual selected to fill a vacancy shall be 


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1 appointed for the unexpired term of the 

2 member replaced. 

3 ‘‘(C) EXPIRATION.—The term of any mem4 ber shall not expire before the date on which 

5 the successor of the member takes office.’’. 

6 SEC. 3. FUNDING REQUIREMENTS; DUTIES. 

7 (a) IN GENERAL.—Section 304 of the Denali Com8 mission Act of 1998 (42 U.S.C. 3121 note; Public Law 

9 105–277) is amended to read as follows: 

10 ‘‘SEC. 304. FUNDING REQUIREMENTS; DUTIES. 

11 ‘‘(a) COST SHARE.— 

12 ‘‘(1) IN GENERAL.—In carrying out any con13 struction project or activity under this Act, the Com14 mission shall require a cost share of— 

15 ‘‘(A) up to 50 percent of the total cost of 

16 the construction project or activity; or 

17 ‘‘(B) for a construction project or activity 

18 carried out in a distressed community (as deter19 mined by the department of labor and work20 force development of the State of Alaska or by 

21 the Commission), up to 20 percent of the total 

22 cost of the construction project or activity. 

23 ‘‘(2) PRECONSTRUCTION PROCEDURES.—The 

24 cost-share requirements under paragraph (1) shall 


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1 not apply with respect to preconstruction proce2 dures. 

3 ‘‘(b) PUBLIC COMMENTS.—The Commission mem4 bers and the Federal Cochairperson shall seek comments 

5 from rural Alaska communities and other stakeholder 

6 groups regarding rural development needs. 

7 ‘‘(c) DUTIES.—The members of the Commission 

8 shall— 

9 ‘‘(1) advise the Commission regarding coordi10 nated infrastructure planning (including annual and 

11 multiyear strategies) among and for— 

12 ‘‘(A) rural Alaska communities; 

13 ‘‘(B) the State of Alaska; 

14 ‘‘(C) Federal agencies; and 

15 ‘‘(D) other governmental and nongovern16 mental entities; 

17 ‘‘(2) establish a list of priorities of the Commis18 sion for rural Alaska communities on an annual 

19 basis, including funding recommendations and the 

20 means by which the recommendations— 

21 ‘‘(A) address multiyear strategies; and 

22 ‘‘(B) are coordinated with— 

23 ‘‘(i) rural Alaska communities; 

24 ‘‘(ii) the State of Alaska; 

25 ‘‘(iii) Federal agencies; and 


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1 ‘‘(iv) other government and non2 governmental entities; 

3 ‘‘(3) review ongoing and completed Commis4 sion-funded projects and programs for compliance 

5 with stated objectives and outcomes; and 

6 ‘‘(4) examine Commission-funded projects and 

7 programs— 

8 ‘‘(A) for consistency and standardization; 

9 and 

10 ‘‘(B) to determine a means of improving 

11 the management and success of future Commis12 sion-funded projects and programs. 

13 ‘‘(d) OPERATIONAL MATTERS.—The Federal Co14 chairperson (and not the members of the Commission) 

15 shall be responsible for Commission operational matters, 

16 including budgetary matters.’’. 

17 (b) CONFORMING AMENDMENT.—Section 307 of the 

18 Denali Commission Act of 1998 (42 U.S.C. 3121 note; 

19 Public Law 105–277) is amended by striking subsection 

20 (c) and inserting the following: 

21 ‘‘(c) DEMONSTRATION HEALTH PROJECTS.— 

22 ‘‘(1) IN GENERAL.—To demonstrate the value 

23 of adequate health facilities and services to the eco24 nomic development of the region, the Secretary of 

25 Health and Human Services may make interagency 


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1 transfers to the Commission to plan, construct, and 

2 equip demonstration health, nutrition, and child care 

3 projects, including hospitals, health care clinics, and 

4 mental health facilities (including drug and alcohol 

5 treatment centers). 

6 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated such sums 

8 as are necessary to carry out this subsection.’’. 

9 SEC. 4. POWERS OF COMMISSION. 

10 Section 305 of the Denali Commission Act of 1998 

11 (42 U.S.C. 3121 note; Public Law 105–277) is amended 

12 by striking subsection (d) and inserting the following: 

13 ‘‘(d) DETAIL OF FEDERAL EMPLOYEES; AGREE14 MENTS, GRANTS, AND PAYMENTS.— 

15 ‘‘(1) DETAIL OF FEDERAL EMPLOYEES.—Any 

16 employee of the Federal Government may be de17 tailed to the Commission— 

18 ‘‘(A) without reimbursement; and 

19 ‘‘(B) without interruption or loss of civil 

20 service status or privilege. 

21 ‘‘(2) AGREEMENTS, GRANTS, AND PAYMENTS.— 

22 The Commission, acting through the Federal Co23 chairperson, may enter into contracts and coopera24 tive agreements, award grants, and make payments 


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1 necessary to carry out the purposes of the Commis2 sion.’’. 

3 SEC. 5. COMMISSION PERSONNEL MATTERS. 

4 (a) COMPENSATION OF MEMBERS.—Section 306 of 

5 the Denali Commission Act of 1998 (42 U.S.C. 3121 note; 

6 Public Law 105–277) is amended by striking subsection 

7 (a) and inserting the following: 

8 ‘‘(a) COMPENSATION OF MEMBERS.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

10 the members of the Commission shall serve without 

11 compensation. 

12 ‘‘(2) FEDERAL COCHAIRPERSON.—The Federal 

13 Cochairperson shall be compensated at the annual 

14 rate prescribed for level IV of the Executive Sched15 ule under section 5315 of title 5, United States 

16 Code.’’. 

17 (b) TRAVEL EXPENSES.—Section 306(b) of the 

18 Denali Commission Act of 1998 (42 U.S.C. 3121 note; 

19 Public Law 105–277) is amended— 

20 (1) by striking ‘‘The members’’ and inserting 

21 the following: 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

23 the members’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(2) WAIVER.—A member of the Commission 

2 may waive all or any portion of the travel expenses 

3 provided to the member under paragraph (1).’’. 

4 (c) INSPECTOR GENERAL.— 

5 (1) IN GENERAL.—Section 306 of the Denali 

6 Commission Act of 1998 (42 U.S.C. 3121 note; 

7 Public Law 105–277) is amended by striking sub8 section (h) and inserting the following: 

9 ‘‘(h) INSPECTOR GENERAL.—The Commission shall 

10 use the services of the Inspector General of the Depart11 ment of Commerce.’’. 

12 (2) CONFORMING AMENDMENT.—Section 

13 8G(a)(2) of the Inspector General Act of 1978 (5 

14 U.S.C. App.) is amended by striking ‘‘the Denali 

15 Commission,’’. 

16 SEC. 6. REAUTHORIZATION. 

17 The first section 310 of the Denali Commission Act 

18 of 1998 (42 U.S.C. 3121 note; Public Law 105–277) (re19 lating to authorization of appropriations) is amended by 

20 striking subsection (a) and inserting the following: 

21 ‘‘(a) IN GENERAL.—There are authorized to be ap22 propriated to the Commission such sums as are necessary 

23 to carry out this title, in accordance with the purposes 

24 of this title, for fiscal year 2013 and each fiscal year there25 after.’’. 


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1 SEC. 7. REPEALS. 

2 (a) IN GENERAL.— 

3 (1) EXEMPTION FROM FEDERAL ADVISORY

4 COMMITTEE ACT.—Section 308 of the Denali Com5 mission Act of 1998 (42 U.S.C. 3121 note; Public 

6 Law 105–277) is repealed. 

7 (2) ECONOMIC DEVELOPMENT COMMITTEE.— 

8 The second section 310 of the Denali Commission 

9 Act of 1998 (42 U.S.C. 3121 note; Public Law 105– 

10 277) (relating to the Economic Development Com11 mittee) is repealed. 

12 (b) CONFORMING AMENDMENTS.—Sections 309 and 

13 310 of the Denali Commission Act of 1998 (42 U.S.C. 

14 3121 note; Public Law 105–277) are redesignated as sec15 tions 308 and 309, respectively. 

16 SEC. 8. BUDGET COMMITTEE. 

17 The Denali Commission Act of 1998 (42 U.S.C. 3121 

18 note; Public Law 105–277) (as amended by section 7(b)) 

19 is amended by adding at the end the following: 

20 ‘‘SEC. 310. BUDGET COMMITTEE. 

21 ‘‘(a) ESTABLISHMENT.—Not later than 180 days 

22 after the date of enactment of the Denali Commission Re23 authorization Act of 2012, the Federal Cochairperson 

24 shall establish a Budget Committee to serve the Commis25 sion. 


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1 ‘‘(b) MEMBERSHIP.—The Budget Committee shall be 

2 composed of 3 members, of whom— 

3 ‘‘(1) 1 shall be the Governor of the State of 

4 Alaska or a member of the Commission selected in 

5 accordance with section 303(b)(1)(B); 

6 ‘‘(2) 1 shall be a Federal employee or detailee 

7 with expertise in the Federal budget process, to be 

8 selected by the Federal Cochairperson; and 

9 ‘‘(3) 1 shall be a member of the Commission, 

10 to be selected by the members of the Commission. 

11 ‘‘(c) DUTIES.—The Budget Committee shall carry 

12 out the following activities for the Commission: 

13 ‘‘(1) Review the operating budget of the Com14 mission. 

15 ‘‘(2) Make appropriate recommendations to the 

16 Federal Cochairperson. 

17 ‘‘(d) COMPENSATION OF MEMBERS.— 

18 ‘‘(1) IN GENERAL.—The members of the Budg19 et Committee shall serve without compensation. 

20 ‘‘(2) TRAVEL EXPENSES.—The members of the 

21 Budget Committee shall be allowed travel expenses, 

22 including per diem in lieu of subsistence, at rates 

23 authorized for employees of agencies under sub24 chapter I of chapter 57 of title 5, United States 

25 Code, while away from their homes or regular places 


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1 of business in the performance of services for the 

2 Budget Committee.’’. 

Æ 


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