[House Report 118-175]
[From the U.S. Government Publishing Office]


118th Congress }                                          { Report 
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 118-175

======================================================================
 
                   NATIONAL CONSTRUCTION SAFETY TEAM
                        ENHANCEMENT ACT OF 2023

                                _______
                                

 September 1, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Lucas, from the Committee on Science, Space, and Technology, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4143]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 4143) to amend the National 
Construction Safety Team Act to enable the National Institute 
of Standards and Technology to investigate structures other 
than buildings to inform the development of engineering 
standards, best practices, and building codes related to such 
structures, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Legislative History..............................................     2
Section-by-Section...............................................     2
Committee Hearings...............................................     3
Committee Views..................................................     3
Committee Consideration..........................................     3
Roll Call Votes..................................................     3
Application of Law to the Legislative Branch.....................     5
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     5
Statement of General Performance Goals and Objectives............     5
Duplication of Federal Programs..................................     5
Federal Advisory Committee Act...................................     5
Unfunded Mandate Statement.......................................     5
Earmark Identification...........................................     5
Committee Cost Estimate..........................................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Congressional Budget Office Cost Estimate........................     6
Changes to Existing Law Made by the Bill, as reported............     7

                          Purpose and Summary

    H.R. 4143 expands the authority of the National Institute 
of Standards and Technology's (NIST) National Construction 
Safety Team (NCST) to investigate failures of infrastructure 
and structures other than buildings. This authority would 
include levees, pedestrian bridges, and other structures where 
the performance of those constructions significantly impacts 
the safety and resilience of U.S. communities. It also 
authorizes appropriations to carry out this additional 
authority at $5 million annually for fiscal years 2024 through 
2027.

                  Background and Need for Legislation

    Signed into law in the aftermath of the September 11 
Attacks, The National Construction Safety Team (NCST) Act 
(Public Law 107-231) authorizes NIST to dispatch experts to 
investigate major building disasters. These authorities are 
modeled after those of the National Transportation Safety Board 
(NTSB) for investigating transportation accidents. NCST 
investigations are aimed to inform engineering standards and 
codes to prevent future failures from occurring. NIST works 
closely with other federal agencies, as well as state and local 
governments, to ensure their investigations do not interfere 
with other activities.
    While many federal agencies investigate failures related to 
transportation, fires, and buildings; no federal agency 
investigates failures of general infrastructure, such as levees 
or dikes, to inform engineering codes and guidelines. NIST has 
tremendous expertise that could greatly improve our efforts to 
address structural failures of all kinds, but they currently 
lack the authorities to conduct on-site investigations of many 
types of major infrastructure when they fail.
    H.R. 4143 follows a recommendation from the NCST Advisory 
Committee in its fiscal year 2022 report. Importantly, these 
newly authorized investigations are not criminal investigations 
or investigations leading to an enforcement action; the point 
of NIST investigations is to learn from major infrastructure 
failures to inform engineering standards and building codes.

                          Legislative History

    H.R. 4143 was introduced on June 15, 2023, by 
Representative Lofgren (D-CA) and Representative Lucas (R-OK). 
Additional cosponsors include Representatives Bonamici (OR), 
Obernolte (CA), Stevens (MD), Tenney (NY), Casten (IL), Kean 
(NJ), Caraveo (CO), Ross (NC), Sorensen (IL), Lieu (CA), 
Foushee (NC), Bowman (NY), Jackson (NC), Sykes (OH), and Lee 
(PA).

                           Section-by-Section


Section 1. Short title

    The short title of this legislation is ``National 
Construction Safety Team Enhancements Act of 2023''.

Section 2. National Construction Safety Team Enhancement

    This section amends the NCST Act to expand the safety 
team's authority to investigate failures of infrastructure and 
structures other than buildings. It also authorizes 
appropriations to carry out this additional authority at $5 
million annually for fiscal years 2024 through 2027.

                           Committee Hearings

    On May 10, 2023, the Committee held a hearing entitled An 
Overview of the Budget Proposal for the National Institute of 
Standards and Technology for Fiscal Year 2024, in which Dr. 
Laurie Locascio, the Director of the National Institute of 
Standards and Technology (NIST) and the Under Secretary of 
Commerce for Standards and Technology testified. During the 
hearing, Members and Dr. Lacascio discussed the NIST's work to 
support construction safety and resilience against flooding.

                            Committee Views

    The intent of this legislation is to allow the National 
Construction Safety Team to fully leverage its unique expertise 
to contribute to what can be learned from failures of 
infrastructure to inform engineering standards and building 
codes.

                        Committee Consideration

    On June 21, 2023, the Committee met in open session and 
ordered reported favorably the bill, H.R. 4143, without 
amendment, by a recorded vote of 30 yeas to 0 nays, a quorum 
being present.

                            Roll Call Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:


              Application of Law to the Legislative Branch

    The Committee finds that H.R. 4143 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

          Statement of Oversight Findings and Recommendations
                            of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    Pursuant to clause (3)(c)(4) of rule XIII, the goal of H.R. 
4143 is to expand the authority of the National Institute of 
Standards and Technology's (NIST) National Construction Safety 
Team's (NCST) to investigate failures of infrastructure and 
structures other than buildings. This authority would include 
levees, pedestrian bridges, and other structures where the 
performance of those constructions significantly impact the 
safety and resilience of U.S. communities.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, the Committee 
finds that no provision of H.R. 4143 establishes or 
reauthorizes a program of the Federal Government known to be 
duplicative of another Federal program, including any program 
that was included in a report to Congress pursuant to section 
21 of Public Law 111-139 or identified in the most recent 
Catalog of Federal Domestic Assistance.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of section 5(b) of the Federal Advisory 
Committee Act.

                       Unfunded Mandate Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                         Earmark Identification

    Pursuant to clauses 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 4143 does not include any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

              New Budget Authority, Entitlement Authority,
                          and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 4143 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XII and section 402 of 
the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for H.R. 2988 from the 
Director of the Congressional budget Office:




    H.R. 4143 would authorize the appropriation of $5 million 
for each of fiscal years 2024 through 2027 for the National 
Institute of Standards and Technology to investigate building 
and structure failures.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 370 (commerce and housing credit).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 4143
----------------------------------------------------------------------------------------------------------------
                                                             By fiscal year, millions of dollars--
                                              ------------------------------------------------------------------
                                                 2023     2024     2025     2026     2027     2028    2023-2028
----------------------------------------------------------------------------------------------------------------
Authorization................................        0        5        5        5        5        0           20
Estimated Outlays............................        0        2        4        5        5        3           19
----------------------------------------------------------------------------------------------------------------

    Using information about spending patterns from previous 
investigations and assuming the appropriation of the authorized 
amounts, CBO estimates that implementing the bill would cost 
$19 million over the 2024-2028 period.
    The CBO staff contact for this estimate is David Hughes. 
The estimate was reviewed by Emily Stern, Senior Adviser for 
Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                 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] structure that has resulted in substantial loss of 
life or that posed significant potential for substantial loss 
of life. In instances in which the failure of the building or 
structure is the proper subject for investigation by another 
Federal agency, the Director shall defer to the authority of 
such agency. 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] the built environment in the United States.
          (2) Duties.--A Team shall--
                  (A) establish the likely technical cause or 
                causes of the building or structure failure;
                  (B) evaluate the technical aspects of 
                evacuation and emergency response procedures;
                  (C) recommend, as necessary, specific 
                improvements to [building standards, codes, and 
                practices] engineering standards, practices, 
                and building codes 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] the built 
                environment, 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 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 7;
                  (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 or structure 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 or 
                structure failures, including research 
                conducted under the Earthquake Hazards 
                Reduction Act of 1977 or the National Windstorm 
                Impact Reduction Act of 2004; 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. 4. AUTHORITIES.

  (a) Entry and Inspection.--In investigating a [building] 
building or structure 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] building or 
        structure failure being investigated has occurred, or 
        where [building] components, materials, and artifacts 
        with respect to the [building] building or structure 
        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);
          (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] 
        building or structure failure; and
          (4) move such records, components, materials, and 
        artifacts as provided by the procedures developed under 
        section 2(c)(1).
          (5) Civil suits.--Where practicable, a Team shall 
        cooperate with civil litigants without compromising a 
        Team's investigation or the evidence preservation 
        activities as described in this section.
  (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] building or 
        structure 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] building or structure 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] building or structure 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) Investigation 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 or 
        any civil suit or civil action.
          (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] building or structure 
        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] building or structure failure being 
        investigated by a Team under this Act may have 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. 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 safety-related information if that information is not 
directly related to the building or structure 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 or structure 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] engineering 
        standards, practices, and building codes; and
          (4) recommendations for research and other 
        appropriate actions needed to help prevent future 
        building and structure 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] engineering standards, practices, and 
        building codes) the 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] engineering 
                standards, practices, and building codes; and
                  (C) other actions needed to help prevent 
                future building failures.

           *       *       *       *       *       *       *


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] engineering standards, practices, and building 
codes.

[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.]

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated to the Director of the 
National Institute of Standards and Technology $5,000,000 for 
each of fiscal years 2024 through 2027.

                                  [all]