Sec. 8103. PRESIDENTIAL TASK FORCE
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## SEC. 8103 PRESIDENTIAL TASK FORCE ###
(a)Establishment of Task Force ####
(1)Establishment and members #####
(A)There is hereby established a Presidential Task Force on the Trans-Alaska Pipeline System (hereinafter referred to as the “Task Force”) composed of the following members appointed by the President: ######
(i)Three members, one of whom shall be nominated by the Secretary of the Interior, one by the Administrator of the Environmental Protection Agency, and one by the Secretary of Transportation. ######
(ii)Three members nominated by the Governor of the State of Alaska, one of whom shall be an employee of the Alaska Department of Natural Resources and one of whom shall be an employee of the Alaska Department of Environmental Conservation. ######
(iii)One member nominated by the Office of Technology Assessment. #####
(B)Any member appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his or her term until a successor, if applicable, has taken office. ####
(2)Cochairmen The President shall appoint a Federal cochairman from among the Federal members of the Task Force appointed pursuant to paragraph (1)(A) and the Governor shall designate a State cochairman from among the State members of the Task Force appointed pursuant to paragraph (1)(B). ####
(3)Compensation Members shall, to the extent approved in appropriations Acts, receive the daily equivalent of the minimum annual rate of basic pay in effect for grade GS–15 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Task Force, except that members who are State, Federal, or other governmental employees shall receive no compensation under this paragraph in addition to the salaries they receive as such employees. ####
(4)Staff The cochairman of the Task Force shall appoint a Director to carry out administrative duties. The Director may hire such staff and incur such expenses on behalf of the Task Force for which funds are available. ####
(5)Rule Employees of the Task Force shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose. ###
(b)Duties of the Task Force ####
(1)Audit The Task Force shall conduct an audit of the Trans-Alaska Pipeline System (hereinafter referred to as “TAPS”) including the terminal at Valdez, Alaska, and other related onshore facilities, make recommendations to the President, the Congress, and the Governor of Alaska. ####
(2)Comprehensive review As part of such audit, the Task Force shall conduct a comprehensive review of the TAPS in order to specifically advise the President, the Congress, and the Governor of Alaska concerning whether— #####
(A)the holder of the Federal and State right-of-way is, and has been, in full compliance with applicable laws, regulations, and agreements; #####
(B)the laws, regulations, and agreements are sufficient to prevent the release of oil from TAPS and prevent other damage or degradation to the environment and public health; #####
(C)improvements are necessary to TAPS to prevent release of oil from TAPS and to prevent other damage or degradation to the environment and public health; #####
(D)improvements are necessary in the onshore oil spill response capabilities for the TAPS; and #####
(E)improvements are necessary in security for TAPS. ####
(3)Consultants #####
(A)The Task Force shall retain at least one independent consulting firm with technical expertise in engineering, transportation, safety, the environment, and other applicable areas to assist the Task Force in carrying out this subsection. #####
(B)Contracts with any such firm shall be entered into on a nationally competitive basis, and the Task Force shall not select any firm with respect to which there may be a conflict of interest in assisting the Task Force in carrying out the audit and review. All work performed by such firm shall be under the direct and immediate supervision of a registered engineer. ####
(4)Public comment The Task Force shall provide an opportunity for public comment on its activities including at a minimum the following: #####
(A)Before it begins its audit and review, the Task Force shall review reports prepared by other Government entities conducting reviews of TAPS and shall consult with those Government entities that are conducting ongoing investigations including the General Accounting Office. It shall also hold at least 2 public hearings, at least 1 of which shall be held in a community affected by the Exxon Valdez oil spill. Members of the public shall be given an opportunity to present both oral and written testimony. #####
(B)The Task Force shall provide a mechanism for the confidential receipt of information concerning TAPS, which may include a designated telephone hotline. ####
(5)Task force report The Task Force shall publish a draft report which it shall make available to the public. The public will have at least 30 days to provide comments on the draft report. Based on its draft report and the public comments thereon, the Task Force shall prepare a final report which shall include its findings, conclusions, and recommendations made as a result of carrying out such audit. The Task Force shall transmit (and make available to the public), no later than 2 years after the date on which funding is made available under paragraph (7), its final report to the President, the Congress, and the Governor of Alaska. ####
(6)Presidential report The President shall, within 90 days after receiving the Task Force's report, transmit a report to the Congress and the Governor of Alaska outlining what measures have been taken or will be taken to implement the Task Force's recommendations. The President's report shall include recommended changes, if any, in Federal and State law to enhance the safety and operation of TAPS. ####
(7)Earmark Of amounts in the Fund, $5,000,000 shall be available, subject to appropriations, annually without fiscal year limitation to carry out the requirements of this section. ###
(c)General Administration and Powers of the Task Force ####
(1)Audit access The Comptroller General of the United States, and any of his or her duly appointed representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of the Task Force that are pertinent to the funds received and expended by the Task Force. ####
(2)Termination The Task Force shall cease to exist on the date on which the final report is provided pursuant to subsection (b)(5). ####
(3)Functions limitation With respect to safety, operations, and other matters related to the pipeline facilities (as such term is defined in section 202(4) of the Hazardous Liquid Pipeline Safety Act of 1979) of the TAPS, the Task Force shall not perform any functions which are the responsibility of the Secretary of Transportation under the Hazardous Liquid Pipeline Safety Act of 1979, as amended. The Secretary may use the information gathered by and reports issued by the Task Force in carrying out the Secretary's responsibilities under that Act. ####
(4)Powers The Task Force may, to the extent necessary to carry out its responsibilities, conduct investigations, make reports, issue subpoenas, require the production of relevant documents and records, take depositions, and conduct directly or, by contract, or otherwise, research, testing, and demonstration activities. ####
(5)Examination of records and properties The Task Force, and the employees and agents it so designates, are authorized, upon presenting appropriate credentials to the person in charge, to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties are relevant to determining whether such persons have acted or are acting in compliance with applicable laws and agreements. ####
(6)FOIA The information gathered by the Task Force pursuant to subsection
(b)shall not be subject to section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), until its final report is issued pursuant to subsection (b)(6). **[**[43 U.S.C. 1651 note](/us/usc/t43/s1651)**]** * * * * * * *
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Sec. 8103
PRESIDENTIAL TASK FORCE
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