[Congressional Record Volume 148, Number 112 (Monday, September 9, 2002)]
[Senate]
[Pages S8391-S8392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 NATIONAL CONSTRUCTION SAFETY TEAM ACT

  Mr. REID. Madam President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 510, H.R. 4687.
  The PRESIDING OFFICER. The clerk will report the bill by title.

       A bill (H.R. 4687) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. HOLLINGS. Madam President, today the Senate will consider H.R. 
4687, the National Construction Safety Team Act. The Senate companion, 
S. 2496, was introduced by Senators Clinton, Schumer, Lieberman, and 
Dodd, and is currently pending before the Senate Committee on Commerce, 
Science, and Transportation, which I chair.
  At the urging of our colleagues, particularly Senator Clinton, the 
committee has agreed to move the House version of the legislation in 
the hopes

[[Page S8392]]

that action on this bill might be completed by September 11. The 
committee has worked to accommodate those requests to move this bill. 
In that effort, the committee has made some changes to the bill to 
clarify its purpose and to address some technical issues.
  The National Construction Safety Team Act would 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. The 
bill seeks to address several problems identified as a result of the 
collapse of the World Trade Center Towers. For example, no Federal 
agency is clearly charged with investigating building failures. The 
bill would solve this problem by giving the National Institute of 
Standards and Technology, NIST, clear responsibility to handle such 
investigations. Further, there are currently no guarantees that 
investigations will begin quickly enough to preserve valuable evidence. 
The bill would require NIST to act within 48 hours of a building 
failure. In addition, no Federal agency has the investigative authority 
needed to ensure access to a building's structural information. 
Therefore, the bill would provide to NIST clear authority to enter 
sites, access documents, test materials, and move evidence, as well as 
clear authority to issue subpoenas. Finally, there is no mechanism for 
keeping the public informed of the progress of an investigation. The 
bill would require NIST to provide regular public briefings and to make 
public its findings and the materials that led to those findings.
  I would like to enter into a discussion with my friend Senator 
McCain, the ranking member of the committee, regarding the provisions 
in the bill relating to a construction safety team's final report and 
membership.
  Mr. McCAIN. I thank the chairman of the Commerce Committee. When a 
construction safety team issues its report on the likely technical 
cause for building failure, along with recommendations under Section 8 
of this legislation, it is my understanding that any strongly held 
minority or dissenting views would also be included in that report. I 
believe that is the committee's intent.
  Mr. HOLLINGS. The ranking member is correct. While it is our hope 
that teams would be able to issue a consensus report, the committee 
urges the Director of the National Institute of Standards and 
Technology, when setting the procedures to govern construction safety 
teams, to ensure that any such minority or dissenting views are 
included in any report.
  Mr. McCAIN. I would also like to clarify an issue regarding the 
composition of a safety team. It seems appropriate to permit employees 
of Federal agencies to serve as members of construction safety teams. 
And certainly in the event that a construction safety team investigates 
the collapse of a Federal building, a representative from the General 
Services Administration should be included on the team.
  Mr. HOLLINGS. I agree that is the committee's intent. I thank Senator 
McCain once again for his cooperation in this matter and urge the 
Senate to pass this legislation, as amended.


                           Amendment No. 4514

 (Purpose: 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)

  Mr. REID. Senator Hollings has a substitute amendment at the desk. I 
ask unanimous consent that the amendment be considered and agreed to; 
the motion to reconsider be laid upon the table; the bill, as amended, 
be read the third time and passed; the motion to reconsider be laid 
upon the table; and that any statements and colloquies relating to this 
matter be printed in the Record, with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4514) was agreed to.
  (The text of the amendment is printed in today's Record under ``Text 
of Amendments.'')
  The bill (H.R. 4687), as amended, was read the third time and passed.

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