15 USC 7301 - National Construction Safety Teams

Collapse to view only § 7301. National Construction Safety Teams

§ 7301. National Construction Safety Teams
§ 7302. Composition of Teams
§ 7303. Authorities
§ 7304. Briefings, hearings, witnesses, and subpoenas
§ 7305. Additional powers
§ 7306. Disclosure of information
§ 7307. National Construction Safety Team report
§ 7308. National Institute of Standards and Technology actions
§ 7309. National Institute of Standards and Technology annual report
§ 7310. Advisory committee
§ 7311. Additional applicability
§ 7312. Construction
§ 7313. Authorization of appropriations

§ 7301. National Construction Safety Teams

(a) Establishment

(b) Purpose of investigation; duties

(1) Purpose

(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.

(1) Development

Not later than 3 months after October 1, 2002, 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;

(D) guiding the disclosure of information under section 7306 of this title;

(E) guiding the conduct of investigations under this chapter, including procedures for providing written notice of inspection authority under section 7303(a) of this title 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 chapter 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 7303(a)(4), (b)(2), and (d)(4) of this title;

(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 [42 U.S.C. 7701 et seq.]; and

(K) regarding such other issues as the Director considers appropriate.

(2) Publication

(Pub. L. 107–231, § 2, Oct. 1, 2002, 116 Stat. 1471; Pub. L. 107–305, § 15, Nov. 27, 2002, 116 Stat. 2381.)

§ 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.

(Pub. L. 107–231, § 3, Oct. 1, 2002, 116 Stat. 1472.)

§ 7303. Authorities

(a) Entry and inspection

In investigating a building failure under this chapter, 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 7301(b)(2)(A) and (B) of this title;

(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 7301(c)(1) of this title.

(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.

(1) With search and rescue efforts

(2) With other research

(3) Memoranda of understanding

(4) With State and local authorities

(5) Civil suits

(d) Investigation priorities

(1) In general

(2) National Transportation Safety Board

(3) Criminal acts

(4) Preservation of evidence

(Pub. L. 107–231, § 4, Oct. 1, 2002, 116 Stat. 1472; Pub. L. 117–167, div. B, title II, § 10246(h), Aug. 9, 2022, 136 Stat. 1494.)

§ 7304. Briefings, hearings, witnesses, and subpoenas

(a) General authority

(b) Briefings

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

(e) Issuance of subpoenas

(f) Failure to obey subpoena

(Pub. L. 107–231, § 5, Oct. 1, 2002, 116 Stat. 1474.)

§ 7305. Additional powers

In order to support Teams in carrying out this chapter, the Director may—

(1) procure the temporary or intermittent services of experts or consultants under section 3109 of title 5;

(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

(7) provide nongovernmental members of the Team reasonable compensation for time spent carrying out activities under this chapter.

(Pub. L. 107–231, § 6, Oct. 1, 2002, 116 Stat. 1474.)

§ 7306. Disclosure of information

(a) General rule

(b) Exceptions

Subsection (a) does not require the release of—

(1) information described by section 552(b) of title 5 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 7307 of this title is issued.

(d) Public safety information

(Pub. L. 107–231, § 7, Oct. 1, 2002, 116 Stat. 1475.)

§ 7307. 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 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.

(Pub. L. 107–231, § 8, Oct. 1, 2002, 116 Stat. 1475.)

§ 7308. National Institute of Standards and Technology actionsAfter the issuance of a public report under section 7307 of this title, 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 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

(Pub. L. 107–231, § 9, Oct. 1, 2002, 116 Stat. 1475.)

§ 7309. 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 Teams during the prior fiscal year;

(2) a summary of recommendations made by the Teams in reports issued under section 7307 of this title 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 7307 of this title.

(Pub. L. 107–231, § 10, Oct. 1, 2002, 116 Stat. 1476.)

§ 7310. Advisory committee

(a) Establishment and functions

(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 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.

(Pub. L. 107–231, § 11, Oct. 1, 2002, 116 Stat. 1476; Pub. L. 117–286, § 4(a)(77), Dec. 27, 2022, 136 Stat. 4314.)

§ 7311. Additional applicability

The authorities and restrictions applicable under this chapter 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.

(Pub. L. 107–231, § 12, Oct. 1, 2002, 116 Stat. 1476.)

§ 7312. Construction

Nothing in this chapter 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.

(Pub. L. 107–231, § 14, Oct. 1, 2002, 116 Stat. 1477.)

§ 7313. Authorization of appropriations

The National Institute of Standards and Technology is authorized to use funds otherwise authorized by law to carry out this chapter.

(Pub. L. 107–231, § 15, Oct. 1, 2002, 116 Stat. 1477.)