Board is conducting an investigation related to an
investigation of a National Construction Safety
Team, the National Transportation Safety Board in-
vestigation shall have priority over the National Con-
struction Safety 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 National Construction Safety Team may have
been caused by a criminal act, the National Con-
struction Safety Team shall relinquish investigative
priority to the appropriate Federal law enforcement
agency. The relinquishment of investigative priority
by the National Construction Safety Team shall not
otherwise affect the authority of the Team to con-
tinue its investigation under this Act.
(4) PRESERVATION OF EVIDENCE.—If a Fed-
eral law enforcement agency suspects and notifies
the Director that a building failure being inves-
tigated by a National Construction Safety Team
under this Act may have been caused by a criminal
act, the National Construction Safety Team, in con-
sultation with the Federal law enforcement agency,
shall take necessary actions to ensure that evidence
of the criminal act is preserved.
SEC. 6. BRIEFINGS, HEARINGS, WITNESSES, AND SUB-
POENAS.
(a) GENERAL AUTHORITY.—The Director, on behalf
of a National Construction Safety Team, may conduct
hearings, administer oaths, and require, by subpoena and
otherwise, necessary witnesses and evidence as necessary
to carry out this Act.
(b) 
BRIEFINGS.—National 
Construction 
Safety
Teams shall hold regular public briefings on the status
of investigative proceedings and findings.
(c) PUBLIC HEARINGS.—During the course of an in-
vestigation by a National Construction Safety 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 evi-
dence in an investigation under this Act may be sum-
moned 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 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 dis-
obeys a subpoena issued by the Director or a National
Construction Safety Team 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 busi-
ness. The court may punish a failure to obey an order
of the court to comply with the subpoena as a contempt
of court.
SEC. 7. ADDITIONAL POWERS.
In order to support National Construction Safety
Teams in carrying out this Act, the Director may—
(1) procure the temporary or intermittent serv-
ices of experts or consultants under section 3109 of
title 5, United States Code;
(2) request the use, when appropriate, of avail-
able 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 serv-
ices;
(5) accept and use gifts of money and other
property, to the extent provided in advance in appro-
priations Acts;
(6) make contracts with nonprofit entities to
carry out studies related to purpose, functions, and
authorities of the National Construction Safety
Teams; and
(7) provide nongovernmental members of the
National Construction Safety Team reasonable com-
pensation for time spent carrying out activities
under this Act.
SEC. 8. DISCLOSURE OF INFORMATION.
(a) GENERAL RULE.—Except as otherwise provided
in this section, a copy of a record, information, or inves-
tigation submitted or received by a National Construction
Safety Team shall be made available to the public on re-
quest and at reasonable cost.
(b) EXCEPTION.—Subsection (a) does not require the
release of information described by section 552(b) of title
5, United States Code, or protected from disclosure by any
other law of the United States.
(c) PROTECTION OF VOLUNTARY SUBMISSION OF IN-
FORMATION.—Notwithstanding any other provision of law,
a National Construction Safety Team, the National Insti-
tute of Standards and Technology, and any agency receiv-
ing information from a National Construction Safety
Team or the National Institute of Standards and Tech-
nology, shall not disclose voluntarily provided safety-re-
lated 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 National
Construction Safety 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. 9. NATIONAL CONSTRUCTION SAFETY TEAM REPORT.
Not later than 90 days after completing an investiga-
tion, a National Construction Safety Team shall issue a
public report which includes—
(1) an analysis of the likely technical cause or
causes of the building failure investigated;
(2) technical recommendations for changes to
or the establishment of evacuation and emergency
response procedures;
(3) recommended specific improvements to
building standards, codes, and practices; and
(4) recommendations for research and other ap-
propriate actions needed to help prevent future
building failures.
SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECH-
NOLOGY ACTIONS.
After the issuance of a public report under section
9, the National Institute of Standards and Technology
shall comprehensively review the report and, working with
the United States Fire Administration and other appro-
priate 
Federal 
and 
non-Federal 
agencies 
and
organizations—
(1) conduct, or enable or encourage the con-
ducting of, appropriate research recommended by
the National Construction Safety Team; and
(2) promote (consistent with existing proce-
dures for the establishment of building standards,
codes, and practices) the appropriate adoption by
the Federal Government, and encourage the appro-
priate adoption by other agencies and organizations,
of the recommendations of the National Construc-
tion Safety 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. 11. NATIONAL INSTITUTE OF STANDARDS AND TECH-
NOLOGY 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 National Construction Safety Teams during the
prior fiscal year;
(2) a summary of recommendations made by
the National Construction Safety Teams in reports
issued under section 9 during the prior fiscal year;
and
(3) a description of the actions taken by the
National Institute of Standards and Technology dur-
ing the prior fiscal year in response to reports issued
under section 9.
SEC. 12. ADVISORY COMMITTEE.
(a) ESTABLISHMENT AND FUNCTIONS.—The Direc-
tor, in consultation with the United States Fire Adminis-
tration and other appropriate Federal agencies, shall es-
tablish an advisory committee to advise the Director on
carrying out this Act and to review the procedures devel-
oped under section 2(b)(1) and the reports issued under
section 9.
(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 National Construction
Safety Team activities, along with recommendations
to improve the operation and effectiveness of Na-
tional Construction Safety Teams; and
(2) an assessment of the implementation of the
recommendations of National Construction Safety
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. 13. ADDITIONAL APPLICABILITY.
The authorities and restrictions applicable under this
Act to the Director and to National Construction Safety
Teams shall apply to the activities of the National Insti-
tute of Standards and Technology in response to the at-
tacks of September 11, 2001.
SEC. 14. AMENDMENT.
Section 7 of the National Bureau of Standards Au-
thorization 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’’.
SEC. 15. 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. 16. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Na-
tional Institute of Standards and Technology for carrying
out this Act such sums as may be necessary for each of
the fiscal years 2003 through 2005, to remain available
until expended.
Passed the House of Representatives July 12, 2002.
Attest:
Clerk.