HR 6478 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 6478CommentsClose CommentsPermalink

To amend the Denali Commission Act of 1998 to reauthorize and modify the membership of the Denali Commission, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

September 20, 2012CommentsClose CommentsPermalink

Mr. YOUNG of Alaska introduced the following bill; which was referred to the Committee on Transportation and InfrastructureCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Denali Commission Act of 1998 to reauthorize and modify the membership of the Denali Commission, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Denali Commission Reauthorization Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. ESTABLISHMENT OF COMMISSION.

Section 303 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) Membership-CommentsClose CommentsPermalink





‘(1) COMPOSITION- The Commission shall be composed of 7 members with a statewide perspective and knowledge regarding rural Alaska matters (including transportation, health, education and training, energy, economic development, community and regional planning, design, construction, and maintenance of rural infrastructure, workforce development, and communication infrastructure and systems), of whom--CommentsClose CommentsPermalink





‘(A) 5 shall be appointed by the Secretary of Commerce (referred to in this title as the ‘Secretary’), of whom--CommentsClose CommentsPermalink





‘(i) 1 shall represent the views and perspectives of an organized labor or vocational training group within the State of Alaska;CommentsClose CommentsPermalink





‘(ii) 1 shall represent the views and perspectives of Native Corporations (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602));CommentsClose CommentsPermalink





‘(iii) 1 shall have experience relating to project management and construction in rural Alaska;CommentsClose CommentsPermalink





‘(iv) 1 shall represent the views and perspectives of rural local government interests in the State of Alaska; andCommentsClose CommentsPermalink





‘(v) 1 shall represent the views and perspectives of rural tribal interests in the State of Alaska;CommentsClose CommentsPermalink





‘(B) 1 shall be the Governor of the State of Alaska or an individual selected by the Secretary from nominations submitted by the Governor; andCommentsClose CommentsPermalink





‘(C) 1 shall be the Federal Cochairperson of the Commission, to be appointed by the Secretary in accordance with paragraph (3).CommentsClose CommentsPermalink





‘(2) DATE OF APPOINTMENTS- The appointments of the members of the Commission under subparagraphs (A) and (B) of paragraph (1) shall be made by not later than 90 days after the date of enactment of the Denali Commission Reauthorization Act of 2012.CommentsClose CommentsPermalink





‘(3) FEDERAL COCHAIRPERSON-CommentsClose CommentsPermalink





‘(A) RECOMMENDATIONS- Not later than 30 days after the date of appointment of the members of the Commission described in paragraph (2), those members shall submit to the Secretary recommendations for an individual to serve as Federal Cochairperson of the Commission under paragraph (1)(C).CommentsClose CommentsPermalink





‘(B) SELECTION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than 60 days after the date of receipt of the recommendations under subparagraph (A), the Secretary shall appoint an individual to serve as Federal Cochairperson of the Commission.CommentsClose CommentsPermalink





‘(ii) CONSIDERATION- In appointing the Federal Cochairperson under clause (i), the Secretary may take into consideration, but shall not be required to select, any individual recommended under subparagraph (A).CommentsClose CommentsPermalink





‘(C) TREATMENT- The Federal Cochairperson shall be a nonvoting member of the Commission.CommentsClose CommentsPermalink





‘(D) VACANCY-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Any vacancy in the position of Federal Cochairperson shall be filled in the same manner as the original appointment.CommentsClose CommentsPermalink





‘(ii) INTERIM FEDERAL COCHAIRPERSON- Before vacating the position of Federal Cochairperson, the Federal Cochairperson shall appoint to serve as Interim Federal Cochairperson, for the period beginning on the date on which the vacancy in the position of Federal Cochairperson occurs and ending on the date on which a new Federal Cochairperson is appointed under clause (i), the staff member of the Commission with the most seniority.CommentsClose CommentsPermalink





‘(4) STATUS- No member of the Commission (other than the Federal Cochairperson) shall be considered to be an employee of the Federal Government for any purpose.’; andCommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) in the first sentence, by striking ‘The Federal Cochairperson’ and inserting the following:CommentsClose CommentsPermalink





‘(1) FEDERAL COCHAIRPERSON- The Federal Cochairperson’; andCommentsClose CommentsPermalink





(B) by striking the second and third sentences and inserting the following:CommentsClose CommentsPermalink





‘(2) MEMBERS-CommentsClose CommentsPermalink





‘(A) TERMS- A member of the Commission shall be appointed for a term of 4 years, except that, of the members first appointed--CommentsClose CommentsPermalink





‘(i) the members appointed under clauses (ii) and (iv) of subsection (b)(1)(A) shall be appointed for terms of 3 years; andCommentsClose CommentsPermalink





‘(ii) the members appointed under clauses (i) and (iii) of subsection (b)(1)(A) shall be appointed for terms of 2 years.CommentsClose CommentsPermalink





‘(B) VACANCIES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- A vacancy on the Commission--CommentsClose CommentsPermalink





‘(I) shall not affect the powers of the Commission;CommentsClose CommentsPermalink





‘(II) shall be filled in the manner in which the original appointment was made; andCommentsClose CommentsPermalink





‘(III) shall be subject to any conditions that applied with respect to the original appointment.CommentsClose CommentsPermalink





‘(ii) FILLING UNEXPIRED TERM- An individual selected to fill a vacancy shall be appointed for the unexpired term of the member replaced.CommentsClose CommentsPermalink





‘(C) EXPIRATION- The term of any member shall not expire before the date on which the successor of the member takes office.’.CommentsClose CommentsPermalink

SEC. 3. FUNDING REQUIREMENTS; DUTIES.

(a) In General- Section 304 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 304. FUNDING REQUIREMENTS; DUTIES.

‘(a) Cost Share-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In carrying out any construction project or activity under this title, the Commission shall require a cost share of--CommentsClose CommentsPermalink





‘(A) up to 50 percent of the total cost of the construction project or activity; orCommentsClose CommentsPermalink





‘(B) for a construction project or activity carried out in a distressed community (as determined by the department of labor and workforce development of the State of Alaska or by the Commission), up to 20 percent of the total cost of the construction project or activity.CommentsClose CommentsPermalink





‘(2) PRECONSTRUCTION PROCEDURES- The cost-share requirements under paragraph (1) shall not apply with respect to preconstruction procedures.CommentsClose CommentsPermalink





‘(b) Public Comments- The Commission members and the Federal Cochairperson shall seek comments from rural Alaska communities and other stakeholder groups regarding rural development needs.CommentsClose CommentsPermalink





‘(c) Duties- The members of the Commission shall--CommentsClose CommentsPermalink





‘(1) advise the Commission regarding coordinated infrastructure planning (including annual and multiyear strategies) among and for--CommentsClose CommentsPermalink





‘(A) rural Alaska communities;CommentsClose CommentsPermalink





‘(B) the State of Alaska;CommentsClose CommentsPermalink





‘(C) Federal agencies; andCommentsClose CommentsPermalink





‘(D) other governmental and nongovernmental entities;CommentsClose CommentsPermalink





‘(2) establish a list of priorities of the Commission for rural Alaska communities on an annual basis, including funding recommendations and the means by which the recommendations--CommentsClose CommentsPermalink





‘(A) address multiyear strategies; andCommentsClose CommentsPermalink





‘(B) are coordinated with--CommentsClose CommentsPermalink





‘(i) rural Alaska communities;CommentsClose CommentsPermalink





‘(ii) the State of Alaska;CommentsClose CommentsPermalink





‘(iii) Federal agencies; andCommentsClose CommentsPermalink





‘(iv) other government and nongovernmental entities;CommentsClose CommentsPermalink





‘(3) review ongoing and completed Commission-funded projects and programs for compliance with stated objectives and outcomes; andCommentsClose CommentsPermalink





‘(4) examine Commission-funded projects and programs--CommentsClose CommentsPermalink





‘(A) for consistency and standardization; andCommentsClose CommentsPermalink





‘(B) to determine a means of improving the management and success of future Commission-funded projects and programs.CommentsClose CommentsPermalink





‘(d) Operational Matters- The Federal Cochairperson (and not the members of the Commission) shall be responsible for Commission operational matters, including budgetary matters.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 307 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) Demonstration Health Projects-CommentsClose CommentsPermalink





‘(1) IN GENERAL- To demonstrate the value of adequate health facilities and services to the economic development of the region, the Secretary of Health and Human Services may make interagency transfers to the Commission to plan, construct, and equip demonstration health, nutrition, and child care projects, including hospitals, health care clinics, and mental health facilities (including drug and alcohol treatment centers).CommentsClose CommentsPermalink





‘(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this subsection.’.CommentsClose CommentsPermalink

SEC. 4. POWERS OF COMMISSION.

Section 305 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink





‘(d) Detail of Federal Employees; Agreements, Grants, and Payments-CommentsClose CommentsPermalink





‘(1) DETAIL OF FEDERAL EMPLOYEES- Any employee of the Federal Government may be detailed to the Commission--CommentsClose CommentsPermalink





‘(A) without reimbursement; andCommentsClose CommentsPermalink





‘(B) without interruption or loss of civil service status or privilege.CommentsClose CommentsPermalink





‘(2) AGREEMENTS, GRANTS, AND PAYMENTS- The Commission, acting through the Federal Cochairperson, may enter into contracts and cooperative agreements, award grants, and make payments necessary to carry out the purposes of the Commission.’.CommentsClose CommentsPermalink

SEC. 5. COMMISSION PERSONNEL MATTERS.

(a) Compensation of Members- Section 306 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(a) Compensation of Members-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), the members of the Commission shall serve without compensation.CommentsClose CommentsPermalink





‘(2) FEDERAL COCHAIRPERSON- The Federal Cochairperson shall be compensated at the annual rate prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.’.CommentsClose CommentsPermalink





(b) Travel Expenses- Section 306(b) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended--CommentsClose CommentsPermalink





(1) by striking ‘The members’ and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), the members’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) WAIVER- A member of the Commission may waive all or any portion of the travel expenses provided to the member under paragraph (1).’.CommentsClose CommentsPermalink





(c) Inspector General-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 306 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended by striking subsection (h) and inserting the following:CommentsClose CommentsPermalink





‘(h) Inspector General- The Commission shall use the services of the Inspector General of the Department of Commerce.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ‘the Denali Commission,’.CommentsClose CommentsPermalink

SEC. 6. REAUTHORIZATION.

The first section 310 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) (relating to authorization of appropriations) is amended by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(a) In General- There are authorized to be appropriated to the Commission such sums as are necessary to carry out this title, in accordance with the purposes of this title, for fiscal year 2013 and each fiscal year thereafter.’.CommentsClose CommentsPermalink

SEC. 7. REPEALS.

(a) In General-CommentsClose CommentsPermalink





(1) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT- Section 308 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is repealed.CommentsClose CommentsPermalink





(2) ECONOMIC DEVELOPMENT COMMITTEE- The second section 310 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) (relating to the Economic Development Committee) is repealed.CommentsClose CommentsPermalink





(b) Conforming Amendments- Sections 309 and 310 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) are redesignated as sections 308 and 309, respectively.CommentsClose CommentsPermalink

SEC. 8. BUDGET COMMITTEE.

The Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) (as amended by section 7(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 310. BUDGET COMMITTEE.

‘(a) Establishment- Not later than 180 days after the date of enactment of the Denali Commission Reauthorization Act of 2012, the Federal Cochairperson shall establish a Budget Committee to serve the Commission.CommentsClose CommentsPermalink





‘(b) Membership- The Budget Committee shall be composed of 3 members, of whom--CommentsClose CommentsPermalink





‘(1) 1 shall be the Governor of the State of Alaska or a member of the Commission selected in accordance with section 303(b)(1)(B);CommentsClose CommentsPermalink





‘(2) 1 shall be a Federal employee or detailee with expertise in the Federal budget process, to be selected by the Federal Cochairperson; andCommentsClose CommentsPermalink





‘(3) 1 shall be a member of the Commission, to be selected by the members of the Commission.CommentsClose CommentsPermalink





‘(c) Duties- The Budget Committee shall carry out the following activities for the Commission:CommentsClose CommentsPermalink





‘(1) Review the operating budget of the Commission.CommentsClose CommentsPermalink





‘(2) Make appropriate recommendations to the Federal Cochairperson.CommentsClose CommentsPermalink





‘(d) Compensation of Members-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The members of the Budget Committee shall serve without compensation.CommentsClose CommentsPermalink





‘(2) TRAVEL EXPENSES- The members of the Budget Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Budget Committee.’.CommentsClose CommentsPermalink