"Taken from Public Law 107-231

National Construction Safety Team Act..."

107th Congress

An Act

To provide for the establishment of investigative teams to assess
building performance and emergency response and evacuation procedures in
the wake of any building failure that has resulted in substantial loss

of life or that posed significant potential of substantial loss of life.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the \`\`National Construction Safety Team
Act\'\'.

SEC. 2.

\(a\) Establishment.\--The Director of the National Institute of
Standards and Technology (in this Act referred to as the
\`\`Director\'\') is authorized to establish National Construction
Safety Teams (in this

Act referred to as a \`\`Team\'\') for deployment after events causing
the failure of a building or buildings that has resulted in substantial
loss of life or that posed significant potential for substantial loss of

life. To the maximum extent practicable, the Director shall establish
and deploy a Team within 48 hours after such an event. The Director
shall promptly publish in the Federal Register notice of the
establishment of each Team.

\(b\) Purpose of Investigation; Duties.\--

\(1\) Purpose.\--The purpose of investigations by Teams is to improve
the safety and structural integrity of buildings in theUnited States.

\(2\) Duties.\--A Team shall\--

\(A\) establish the likely technical cause or causes of the building
failure;

\(B\) evaluate the technical aspects of evacuation and emergency
response procedures;

\(C\) recommend, as necessary, specific improvements to building
standards, codes, and practices based on the findings made pursuant to
subparagraphs (A) and (B); and

\(D\) recommend any research and other appropriate actions needed to
improve the structural safety of

buildings, and improve evacuation and emergency response procedures,
based on the findings of the investigation.

"Taken from Public Law 107-231

National Construction Safety Team Act..."

\(c\) Procedures.\--

\(1\) Development.---not later than 3

months after the date of the enactment of this Act, the

Director, in consultation with the United States Fire

Administration and other appropriate Federal agencies, shall

develop procedures for the establishment and deployment of

Teams. The Director shall

\[\[Page 116 STAT. 1472\]\]

update such procedures as appropriate. Such procedures shall

include provisions\--

\(A\) regarding conflicts of interest related to

service on the Team;

\(B\) defining the circumstances under which the

Director will establish and deploy a Team;

\(C\) prescribing the appropriate size of Teams;

\(D\) guiding the disclosure of information under

section 8;

\(E\) guiding the conduct of investigations under this

Act, including procedures for providing written notice

of inspection authority under section 4(a) and for

ensuring compliance with any other applicable law;

\(F\) identifying and prescribing appropriate

conditions for the provision by the Director of

additional resources and services Teams may need;

\(G\) to ensure that investigations under this Act do

not impede and are coordinated with any search and

rescue efforts being undertaken at the site of the

building failure;

\(H\) for regular briefings of the public on the

status of the investigative proceedings and findings;

\(I\) guiding the Teams in moving and preserving

evidence as described in section 4 (a)(4), (b)(2), and

(d)(4);

\(J\) providing for coordination with Federal, State,

and local entities that may sponsor research or

"Taken from Public Law 107-231

National Construction Safety Team Act..."

investigations of building failures, including research

conducted under the Earthquake Hazards Reduction Act of

1977; and

\(K\) regarding such other issues as the Director

considers appropriate.

\(2\) Publication.\--The \<\<NOTE: Federal Register,

publication.\>\> Director shall publish promptly in the Federal

Register final procedures, and subsequent updates thereof,

developed under paragraph (1).

SEC. 3. COMPOSITION OF TEAMS.

Each Team shall be composed of individuals selected by the Director

and led by an individual designated by the Director. Team members shall

include at least 1 employee of the National Institute of Standards and

Technology and shall include other experts who are not employees of the

National Institute of Standards and Technology, who may include private

sector experts, university experts, representatives of professional

organizations with appropriate expertise, and appropriate Federal,

State, or local officials. Team members who are not Federal employees

shall be considered Federal Government contractors.

SEC. 4 AUTHORITIES.

\(a\) Entry and Inspection.\--In investigating a building failure under

this Act, members of a Team, and any other person authorized by the

Director to support a Team, on display of appropriate credentials

provided by the Director and written notice of inspection authority,

may\--

\(1\) enter property where a building failure being

investigated has occurred, or where building components,

materials, and artifacts with respect to the building failure

are located, and take action necessary, appropriate, and

reasonable in light of the nature of the property to be

inspected to carry out the duties of the Team under section

2(b)(2) (A) and (B);

\[\[Page 116 STAT. 1473\]\]

\(2\) during reasonable hours, inspect any record (including

any design, construction, or maintenance record), process, or

facility related to the investigation;

"Taken from Public Law 107-231

National Construction Safety Team Act..."

\(3\) inspect and test any building components, materials, and

artifacts related to the building failure; and

\(4\) move such records, components, materials, and artifacts

as provided by the procedures developed under section 2(c)(1).

\(b\) Avoiding Unnecessary Interference and Preserving Evidence.\--An

inspection, test, or other action taken by a Team under this section

shall be conducted in a way that\--

\(1\) does not interfere unnecessarily with services provided

by the owner or operator of the building components, materials,

or artifacts, property, records, process, or facility; and

\(2\) to the maximum extent feasible, preserves evidence

related to the building failure, consistent with the ongoing

needs of the investigation.

\(c\) Coordination.\--

\(1\) With search and rescue efforts.\--A Team shall not

impede, and shall coordinate its investigation with, any search

and rescue efforts being undertaken at the site of the building

failure.

\(2\) With other research.\--A Team shall coordinate its

investigation, to the extent practicable, with qualified

researchers who are conducting engineering or scientific

(including social science) research relating to the building

failure.

\(3\) Memoranda of understanding.\--The National Institute of

Standards and Technology shall enter into a memorandum of

understanding with each Federal agency that may conduct or

sponsor a related investigation, providing for coordination of

investigations.

\(4\) With state and local authorities.\--A Team shall

cooperate with State and local authorities carrying out any

activities related to a Team\'s investigation.

\(d\) Interagency Priorities.\--

\(1\) In general.\--Except as provided in paragraph (2) or (3),

a Team investigation shall have priority over any other

investigation of any other Federal agency.

\(2\) National transportation safety board.\--If the National

Transportation Safety Board is conducting an investigation

related to an investigation of a Team, the National

Transportation Safety Board investigation shall have priority

"Taken from Public Law 107-231

National Construction Safety Team Act..."

over the Team investigation. Such priority shall not otherwise

affect the authority of the Team to continue its investigation

under this Act.

\(3\) Criminal acts.\--If the Attorney General, in consultation

with the Director, determines, and notifies the Director, that

circumstances reasonably indicate that the building failure

being investigated by a Team may have been caused by a criminal

act, the Team shall relinquish investigative priority to the

appropriate law enforcement agency. The relinquishment of

investigative priority by the Team shall not otherwise affect

the authority of the Team to continue its investigation under

this Act.

\(4\) Preservation of evidence.\--If a Federal law enforcement

agency suspects and notifies the Director that a building

failure being investigated by a Team under this Act may have

\[\[Page 116 STAT. 1474\]\]

been caused by a criminal act, the Team, in consultation with

the Federal law enforcement agency, shall take necessary actions

to ensure that evidence of the criminal act is preserved.

SEC. 5. BRIEFINGS, HEARINGS, WITNESSES, AND

SUBPOENAS.

\(a\) General Authority.\--The Director or his designee, on behalf of a

Team, may conduct hearings, administer oaths, and require, by subpoena

(pursuant to subsection (e)) and otherwise, necessary witnesses and

evidence as necessary to carry out this Act.

\(b\) Briefings.\--The Director or his designee (who may be the leader

or a member of a Team), on behalf of a Team, shall hold regular public

briefings on the status of investigative proceedings and findings,

including a final briefing after the report required by section 8 is

issued.

\(c\) Public Hearings.\--During the course of an investigation by a

Team, the National Institute of Standards and Technology may, if the

Director considers it to be in the public interest, hold a public

hearing for the purposes of\--

\(1\) gathering testimony from witnesses; and

\(2\) informing the public on the progress of the

investigation.

"Taken from Public Law 107-231

National Construction Safety Team Act..."

\(d\) Production of Witnesses.\--A witness or evidence in an

investigation under this Act may be summoned or required to be produced

from any place in the United States. A witness summoned under this

subsection is entitled to the same fee and mileage the witness would

have been paid in a court of the United States.

\(e\) Issuance of Subpoenas.\--A subpoena shall be issued only under

the signature of the Director but may be served by any person designated

by the Director.

\(f\) Failure To Obey Subpoena.\--If a person disobeys a subpoena

issued by the Director under this Act, the Attorney General, acting on

behalf of the Director, may bring a civil action in a district court of

the United States to enforce the subpoena. An action under this

subsection may be brought in the judicial district in which the person

against whom the action is brought resides, is found, or does business.

The court may punish a failure to obey an order of the court to comply

with the subpoena as a contempt of court.

SEC. 6. ADDITIONAL POWERS.

In order to support Teams in carrying out this Act, the Director

may\--

\(1\) procure the temporary or intermittent services of

experts or consultants under section 3109 of title 5, United

States Code;

\(2\) request the use, when appropriate, of available

services, equipment, personnel, and facilities of a department,

agency, or instrumentality of the United States Government on a

reimbursable or other basis;

\(3\) confer with employees and request the use of services,

records, and facilities of State and local governmental

authorities;

\(4\) accept voluntary and uncompensated services;

\(5\) accept and use gifts of money and other property, to the

extent provided in advance in appropriations Acts;

\(6\) make contracts with nonprofit entities to carry out

studies related to purpose, functions, and authorities of the

Teams; and

"Taken from Public Law 107-231

National Construction Safety Team Act..."

\[\[Page 116 STAT. 1475\]\]

\(7\) provide nongovernmental members of the Team reasonable

compensation for time spent carrying out activities under this

Act.

SEC. 7. DISCLOSURE OF INFORMATION.

\(a\) General Rule.\--Except as otherwise provided

in this section, a copy of a record, information, or investigation

submitted or received by a Team shall be made available to the public on

request and at reasonable cost.

\(b\) Exceptions.\--Subsection (a) does not require the release of\--

\(1\) information described by section 552(b) of title 5,

United States Code, or protected from disclosure by any other

law of the United States; or

\(2\) information described in subsection (a) by the National

Institute of Standards and Technology or by a Team until the

report required by section 8 is issued.

\(c\) Protection of Voluntary Submission of Information.\--

Notwithstanding any other provision of law, a Team, the National

Institute of Standards and Technology, and any agency receiving

information from a Team or the National Institute of Standards and

Technology, shall not disclose voluntarily provided safety-related

information if that information is not directly related to the building

failure being investigated and the Director finds that the disclosure of

the information would inhibit the voluntary provision of that type of

information.

\(d\) Public Safety Information.\--A Team and the National Institute of

Standards and Technology shall not publicly release any information it

receives in the course of an investigation under this Act if the

Director finds that the disclosure of that information might jeopardize

public safety.

"Taken from Public Law 107-231

National Construction Safety Team Act..."

SEC. 8 NATIONAL CONSTRUCTION SAFETY TEAM REPORT.

Not \<\<NOTE: Deadline.\>\> later than 90 days after completing an

investigation, a Team shall issue a public report which includes\--

\(1\) an analysis of the likely technical cause or causes of

the building failure investigated;

\(2\) any technical recommendations for changes to or the

establishment of evacuation and emergency response procedures;

\(3\) any recommended specific improvements to building

standards, codes, and practices; and

\(4\) recommendations for research and other appropriate

actions needed to help prevent future building failures.

SEC. 9 NATIONAL INSTITUTE OF STANDARDS AND

TECHNOLOGY ACTIONS.

After the issuance of a public report under section 8, the National

Institute of Standards and Technology shall comprehensively review the

report and, working with the United States Fire Administration and other

appropriate Federal and non-Federal agencies and organizations\--

\(1\) conduct, or enable or encourage the conducting of,

appropriate research recommended by the Team; and

\(2\) promote (consistent with existing procedures for the

establishment of building standards, codes, and practices) the

\[\[Page 116 STAT. 1476\]\]

appropriate adoption by the Federal Government, and encourage

the appropriate adoption by other agencies and organizations, of

the recommendations of the Team with respect to\--

\(A\) technical aspects of evacuation and emergency

response procedures;

\(B\) specific improvements to building standards,

codes, and practices; and

\(C\) other actions needed to help prevent future

building failures.

"Taken from Public Law 107-231

National Construction Safety Team Act..."

SEC. 10 NATIONAL INSTITUTE OF STANDARDS AND

TECHNOLOGY ANNUAL REPORT.

Not later than February 15 of each year, the

Director shall transmit to the Committee on Science of the House of

Representatives and to the Committee on Commerce, Science, and

Transportation of the Senate a report that includes\--

\(1\) a summary of the investigations conducted by Teams

during the prior fiscal year;

\(2\) a summary of recommendations made by the Teams in

reports issued under section 8 during the prior fiscal year and

a description of the extent to which those recommendations have

been implemented; and

\(3\) a description of the actions taken to improve building

safety and structural integrity by the National Institute of

Standards and Technology during the prior fiscal year in

response to reports issued under section 8.

SEC. 11. ADVISORY COMMITTEE.

\(a\) Establishment and Functions.\--The Director, in consultation with

the United States Fire Administration and other appropriate Federal

agencies, shall establish an advisory committee to advise the Director

on carrying out this Act and to review the procedures developed under

section 2(c)(1) and the reports issued under section 8.

\(b\) On January 1 of each year,

the advisory committee shall transmit to the Committee on Science of the

House of Representatives and to the Committee on Commerce, Science, and

Transportation of the Senate a report that includes\--

\(1\) an evaluation of Team activities, along with

recommendations to improve the operation and effectiveness of

Teams; and

\(2\) an assessment of the implementation of the

recommendations of Teams and of the advisory committee.

\(c\) Duration of Advisory Committee.\--Section 14 of the Federal

Advisory Committee Act shall not apply to the advisory committee

established under this section.

"Taken from Public Law 107-231

National Construction Safety Team Act..."

SEC. 12. ADDITIONAL APPLICABILITY.

The authorities and restrictions applicable under this Act to the

Director and to Teams shall apply to the activities of the National

Institute of Standards and Technology in response to the attacks of

September 11, 2001.

SEC. 13. AMENDMENT.

Section 7 of the National Bureau of Standards Authorization Act for

Fiscal Year 1986 (15 U.S.C. 281a) is amended by inserting \`\`, or from
an

investigation under the National Construction Safety Team Act,\'\' after

\`\`from such investigation\'\'.

\[\[Page 116 STAT. 1477\]\]

SEC. 14. \<\<NOTE: 15 USC 7312.\>\> CONSTRUCTION.

Nothing in this Act shall be construed to confer any authority on

the National Institute of Standards and Technology to require the

adoption of building standards, codes, or practices.

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

The National Institute of Standards and Technology is authorized to

use funds otherwise authorized by law to carry out this Act.

Approved October 1, 2002.

LEGISLATIVE HISTORY\--H.R. 4687:

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

HOUSE REPORTS: No. 107-530 (Comm. on Science).

CONGRESSIONAL RECORD, Vol. 148 (2002):

July 12, considered and passed House.

Sept. 9, considered and passed Senate, amended.

Sept. 17, House concurred in Senate amendment.

\<all\>