H. R. 4687

One Hundred Seventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the twenty-third day of January, two thousand and two

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. NATIONAL CONSTRUCTION SAFETY TEAMS.

(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

the United 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.

(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
H. R. 4687—2

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 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 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);
H. R. 4687—3

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

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

facility related to the investigation;

(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

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
H. R. 4687—4

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.

(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
H. R. 4687—5

(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 safetyrelated 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.

SEC. 8. NATIONAL CONSTRUCTION SAFETY TEAM REPORT.

Not 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
H. R. 4687—6

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.

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) ANNUAL REPORT.—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.

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’’.
H. R. 4687—7

SEC. 14. 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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.