[107th Congress Public Law 231]
[From the U.S. Government Printing Office]
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[DOCID: f:publ231.107]
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Public Law 107-231
107th Congress
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. <<NOTE: Oct. 1, 2002 - [H.R. 4687]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: National Construction
Safety Team Act. 15 USC 7301 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Construction Safety Team
Act''.
SEC. 2. <<NOTE: 15 USC 7301.>> 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 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. <<NOTE: Federal
Register, publication.>> 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 in the
United States.
(2) Duties.--A Team shall--
(A) establish the likely technical cause or causes
of the building failure;
(B) evaluate the technical aspects of evacuation and
emergency response procedures;
(C) recommend, as necessary, specific improvements
to building standards, codes, and practices 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, and improve evacuation and emergency response
procedures, based on the findings of the investigation.
(c) Procedures.--
(1) Development.--Not <<NOTE: Deadline.>> 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
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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 8;
(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 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 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 <<NOTE: Federal Register,
publication.>> Director shall publish promptly in the Federal
Register final procedures, and subsequent updates thereof,
developed under paragraph (1).
SEC. 3. <<NOTE: 15 USC 7302.>> COMPOSITION OF TEAMS.
Each Team shall be composed of individuals selected by the Director
and led by an individual designated by the Director. 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. <<NOTE: 15 USC 7303.>> AUTHORITIES.
(a) Entry and Inspection.--In investigating a building 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 failure being
investigated has occurred, or where building components,
materials, and artifacts with respect to the building 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);
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(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 failure; and
(4) move such records, components, materials, and artifacts
as provided by the procedures developed under section 2(c)(1).
(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 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
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
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) Interagency 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.
(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 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
failure being investigated by a Team under this Act may have
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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. 5. <<NOTE: 15 USC 7304.>> BRIEFINGS, HEARINGS, WITNESSES, AND
SUBPOENAS.
(a) General Authority.--The Director or his designee, on behalf of a
Team, may conduct hearings, administer oaths, and require, by subpoena
(pursuant to subsection (e)) and otherwise, necessary witnesses and
evidence as necessary to carry out this Act.
(b) Briefings.--The Director or his designee (who may be the leader
or a member of a Team), on behalf of a Team, shall hold regular public
briefings on the status of investigative proceedings and findings,
including a final briefing after the report required by section 8 is
issued.
(c) Public Hearings.--During the course of an investigation by a
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 only 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 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. 6. <<NOTE: 15 USC 7305.>> ADDITIONAL POWERS.
In order to support 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
Teams; and
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(7) provide nongovernmental members of the Team reasonable
compensation for time spent carrying out activities under this
Act.
SEC. 7. <<NOTE: 15 USC 7306.>> DISCLOSURE OF INFORMATION.
(a) <<NOTE: Records.>> 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
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. <<NOTE: 15 USC 7307.>> NATIONAL CONSTRUCTION SAFETY TEAM REPORT.
Not <<NOTE: Deadline.>> 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 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; and
(4) recommendations for research and other appropriate
actions needed to help prevent future building failures.
SEC. 9. <<NOTE: 15 USC 7308.>> 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) the
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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; and
(C) other actions needed to help prevent future
building failures.
SEC. 10. <<NOTE: 15 USC 7309.>> NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY ANNUAL REPORT.
Not <<NOTE: Deadline.>> 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 Teams
during the prior fiscal year;
(2) a summary of recommendations made by the Teams in
reports issued under section 8 during the prior fiscal year and
a description of the extent to which those recommendations have
been implemented; and
(3) a description of the actions taken to improve building
safety and structural integrity by the National Institute of
Standards and Technology during the prior fiscal year in
response to reports issued under section 8.
SEC. 11. <<NOTE: 15 USC 7310.>> 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(c)(1) and the reports issued under section 8.
(b) <<NOTE: Deadline.>> 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 Team activities, along with
recommendations to improve the operation and effectiveness of
Teams; and
(2) an assessment of the implementation of the
recommendations of 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. 12. <<NOTE: 15 USC 7311.>> ADDITIONAL APPLICABILITY.
The authorities and restrictions applicable under this Act to the
Director and to Teams shall apply to the activities of the National
Institute of Standards and Technology in response to the attacks of
September 11, 2001.
SEC. 13. 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''.
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SEC. 14. <<NOTE: 15 USC 7312.>> 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. 15. <<NOTE: 15 USC 7313.>> AUTHORIZATION OF APPROPRIATIONS.
The National Institute of Standards and Technology is authorized to
use funds otherwise authorized by law to carry out this Act.
Approved October 1, 2002.
LEGISLATIVE HISTORY--H.R. 4687:
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HOUSE REPORTS: No. 107-530 (Comm. on Science).
CONGRESSIONAL RECORD, Vol. 148 (2002):
July 12, considered and passed House.
Sept. 9, considered and passed Senate, amended.
Sept. 17, House concurred in Senate amendment.
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