IB
Union Calendar No. 320
107TH CONGRESS
2D SESSION
H. R. 4687
[Report No. 107–530]
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.
IN THE HOUSE OF REPRESENTATIVES
MAY 9, 2002
Mr. BOEHLERT (for himself, Mr. WEINER, Mr. SHAYS, Mr. GRUCCI, Mr.
LARSON of Connecticut, Mr. ISRAEL, Mrs. MORELLA, Mr. ETHERIDGE,
Mr. EHLERS, Mr. BACA, Mr. FORBES, and Mr. BARCIA) introduced the
following bill; which was referred to the Committee on Science
JUNE 25, 2002
Additional sponsors: Ms. DELAURO, Mr. UDALL of Colorado, and Mr.
MCNULTY
JUNE 25, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 9, 2002]
A BILL
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 Representa-
tives 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 for deployment after events
causing the failure of a building or buildings that has re-
sulted 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 estab-
lishment of each National Construction Safety Team.
(b) PROCEDURES.—
(1) DEVELOPMENT.—Not later than 3 months
after the date of the enactment of this Act, the Direc-
tor, in consultation with the United States Fire Ad-
ministration and other appropriate Federal agencies,
shall develop procedures for the establishment and de-
ployment of National Construction Safety Teams. The
Director shall 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 National
Construction Safety Team;
(C) prescribing the appropriate size of Na-
tional Construction Safety Teams;
(D) guiding the disclosure of information
under section 8;
(E) guiding the conduct of investigations
under this Act;
(F) identifying and prescribing appropriate
conditions for the provision by the Director of
additional resources and services National Con-
struction Safety 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 National Construction Safe-
ty Teams in moving and preserving evidence as
described in section 5(a)(4), (b)(2), and (d)(4);
(J) providing for coordination with Fed-
eral, State, and local entities that may sponsor
research or investigations of building failures,
including research conducted under the Earth-
quake Hazards Reduction Act of 1977; and
(K) regarding such other issues as the Di-
rector considers appropriate.
(2) PUBLICATION.—The Director shall publish
promptly in the Federal Register final procedures,
and subsequent updates thereof, developed under para-
graph (1).
SEC. 3. COMPOSITION OF TEAMS.
National Construction Safety Teams shall be led by
an individual named by the Director. National Construc-
tion Safety 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 Na-
tional Institute of Standards and Technology, who may in-
clude private sector experts, university experts, representa-
tives of professional organizations with appropriate exper-
tise, and appropriate Federal, State, or local officials.
SEC. 4. FUNCTIONS OF TEAMS.
National Construction Safety Teams shall—
(1) conduct investigations to establish the likely
technical cause or causes of the building failure;
(2) evaluate the technical aspects of evacuation
and emergency response procedures;
(3) recommend specific improvements to building
standards, codes, and practices based on the findings
made pursuant to paragraphs (1) and (2); and
(4) recommend research and other appropriate
actions needed to improve the structural safety of
buildings, and improve evacuation and emergency re-
sponse procedures, based on the findings of the inves-
tigation.
SEC. 5. AUTHORITIES.
(a) ENTRY
AND INSPECTION.—In investigating a
building failure under this Act, members of a National Con-
struction Safety Team, and any other person authorized by
the Director to support a National Construction Safety
Team, on display of appropriate credentials provided by
the Director, may—
(1) enter property where a building failure being
investigated has occurred, or where building compo-
nents, materials, and artifacts with respect to the
building failure are located, and do anything nec-
essary to conduct the investigation;
(2) inspect any record (including any design,
construction, or maintenance record), process, or fa-
cility related to the investigation;
(3) inspect and test any building components,
materials, and artifacts related to the building fail-
ure; and
(4) move such records, components, materials,
and artifacts as provided by the procedures developed
under section 2(b)(1).
(b) AVOIDING
UNNECESSARY
INTERFERENCE
AND
PRESERVING EVIDENCE.—An inspection, test, or other ac-
tion taken by a National Construction Safety 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
National Construction Safety 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 National Con-
struction Safety Team shall coordinate its investiga-
tion, to the extent practicable, with qualified research-
ers who are conducting engineering or scientific (in-
cluding social science) research relating to the build-
ing failure.
(3) MEMORANDA OF UNDERSTANDING.—The Na-
tional 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 investiga-
tions.
(d) INTERAGENCY PRIORITIES.—
(1) IN GENERAL.—Except as provided in para-
graph (2) or (3), a National Construction Safety
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 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 noti-
fies the Director, that circumstances reasonably indi-
cate that the building failure being investigated by a
National Construction Safety Team may have been
caused by a criminal act with intent to cause the
building failure, the National Construction Safety
Team shall relinquish investigative priority to the ap-
propriate Federal law enforcement agency. The relin-
quishment of investigative priority by the National
Construction Safety Team shall not otherwise affect
the authority of the Team to continue its investiga-
tion under this Act.
(4) PRESERVATION OF EVIDENCE.—If a Federal
law enforcement agency suspects and notifies the Di-
rector that a building failure being investigated by a
National Construction Safety Team under this Act
may have been caused by a criminal act with intent
to cause the building failure, the National Construc-
tion Safety Team, in consultation with the Federal
law enforcement agency, shall take necessary actions
to ensure that evidence of the criminal act is pre-
served.
SEC. 6. BRIEFINGS, HEARINGS, WITNESSES, AND SUB-
POENAS.
(a) GENERAL AUTHORITY.—The Director, on behalf of
a National Construction Safety Team, may conduct hear-
ings, administer oaths, and require, by subpoena and other-
wise, 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 investiga-
tive 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 pub-
lic 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 summoned
or required to be produced from any place in the United
States. A witness summoned under this subsection is enti-
tled 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 Con-
struction Safety Team under this Act, 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. 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 gov-
ernmental authorities;
(4) accept voluntary and uncompensated serv-
ices;
(5) accept and use gifts of money and other
property;
(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 Na-
tional 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 investiga-
tion submitted or received by a National Construction Safe-
ty Team shall be made available to the public on request
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 Technology,
shall not disclose voluntarily provided safety-related infor-
mation 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 vol-
untary provision of that type of information.
(d) PUBLIC SAFETY INFORMATION.—A National Con-
struction Safety Team and the National Institute of Stand-
ards and Technology shall not publicly release any informa-
tion it receives in the course of an investigation under this
Act if the Director finds that the disclosure of that informa-
tion 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 re-
sponse procedures;
(3) recommended specific improvements to build-
ing standards, codes, and practices; and
(4) recommendations for research and other ap-
propriate actions needed to help prevent future build-
ing 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 appropriate
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 the appropriate adoption by the
Federal Government, and encourage the appropriate
adoption by other agencies and organizations, of the
recommendations of the National Construction 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 fu-
ture 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 Na-
tional Institute of Standards and Technology during
the prior fiscal year in response to reports issued
under section 9.
SEC. 12. 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 sec-
tion 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 Com-
mittee on Commerce, Science, and Transportation of the
Senate a report that includes—
(1) an evaluation of National Construction Safe-
ty Team activities, along with recommendations to
improve the operation and effectiveness of National
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 Institute
of Standards and Technology in response to the attacks of
September 11, 2001.
SEC. 14. AMENDMENT.
Section 7 of the National Bureau of Standards Author-
ization 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. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Na-
tional Institute of Standards and Technology for carrying
out this Act $25,000,000 for each of the fiscal years 2003
through 2005, to remain available until expended.
Union Calendar No. 320
107TH CONGRESS
2D SESSION
H. R. 4687
[Report No. 107–530]
A BILL
To provide for the establishment of investigative
teams to assess building performance and emer-
gency 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.
JUNE 25, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed