[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4687 Placed on Calendar Senate (PCS)]

<DOC>


                                                       Calendar No. 510
107th CONGRESS
  2d Session
                                H. R. 4687


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2002

                                Received

                             July 22, 2002

                          Read the first time

                             July 23, 2002

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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 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 National 
Construction Safety Team.
    (b) 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 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 National 
                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 Construction 
                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 Safety Teams 
                in moving and preserving evidence as described in 
                section 5(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.

    National Construction Safety Teams shall be led by an individual 
named by the Director. National Construction 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 
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. 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, as necessary, specific improvements to 
        building standards, codes, and practices based on the findings 
        made pursuant to paragraphs (1) and (2); and
            (4) 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.

SEC. 5. AUTHORITIES.

    (a) Entry and Inspection.--In investigating a building failure 
under this Act, members of a National Construction 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 components, 
        materials, and artifacts with respect to the building failure 
        are located, and do anything necessary to conduct the 
        investigation; 
            (2) 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(b)(1).
    (b) Avoiding Unnecessary Interference and Preserving Evidence.--An 
inspection, test, or other action 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 Construction Safety 
        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.
    (d) Interagency Priorities.--
            (1) In general.--Except as provided in paragraph (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 investigation 
        shall have priority over the National Construction 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 Construction 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 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 National Construction Safety 
        Team under this Act may have been caused by a criminal act, the 
        National Construction Safety Team, in consultation 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 SUBPOENAS.

    (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 investigation 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 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 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 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 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 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 
        National Construction Safety Teams; and
            (7) provide nongovernmental members of the National 
        Construction Safety Team reasonable compensation 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 investigation submitted or received 
by a National Construction Safety 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 Information.--
Notwithstanding any other provision of law, a National Construction 
Safety Team, the National Institute of Standards and Technology, and 
any agency receiving information from a National Construction Safety 
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 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 investigation, 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 appropriate 
        actions needed to help prevent future building failures.

SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 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 conducting of, 
        appropriate research recommended by the National Construction 
        Safety Team; and
            (2) promote (consistent with existing procedures for the 
        establishment of building standards, codes, and practices) 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 future 
                building failures.

SEC. 11. 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 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 during the prior fiscal 
        year in response to reports issued under section 9. I72SEC. 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 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 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 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''.

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 National 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:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
                                                       Calendar No. 510

107th CONGRESS

  2d Session

                               H. R. 4687

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 23, 2002

            Read the second time and placed on the calendar