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15 USC CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

.

-HEAD-

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

-MISC1-

Sec.

7301. National Construction Safety Teams.

(a) Establishment.

(b) Purpose of investigation; duties.

(c) Procedures.

7302. Composition of Teams.

7303. Authorities.

(a) Entry and inspection.

(b) Avoiding unnecessary interference and preserving

evidence.

(c) Coordination.

(d) Interagency priorities.

7304. Briefings, hearings, witnesses, and subpoenas.

(a) General authority.

(b) Briefings.

(c) Public hearings.

(d) Production of witnesses.

(e) Issuance of subpoenas.

(f) Failure to obey subpoena.

7305. Additional powers.

7306. Disclosure of information.

(a) General rule.

(b) Exceptions.

(c) Protection of voluntary submission of

information.

(d) Public safety 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.

(a) Establishment and functions.

(b) Annual report.

(c) Duration of advisory committee.

7311. Additional applicability.

7312. Construction.

7313. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 281a of this title.

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15 USC Sec. 7301 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

-HEAD-

Sec. 7301. National Construction Safety Teams

-STATUTE-

(a) Establishment

The Director of the National Institute of Standards and

Technology (in this chapter referred to as the ''Director'') is

authorized to establish National Construction Safety Teams (in this

chapter 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. 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 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;

(C) prescribing the appropriate size of Teams;

(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

The Director shall publish promptly in the Federal Register

final procedures, and subsequent updates thereof, developed under

paragraph (1).

-SOURCE-

(Pub. L. 107-231, Sec. 2, Oct. 1, 2002, 116 Stat. 1471; Pub. L.

107-305, Sec. 15, Nov. 27, 2002, 116 Stat. 2381.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (c)(1)(E), (G), was

in the original ''this Act'', meaning Pub. L. 107-231, Oct. 1,

2002, 116 Stat. 1471, as amended, which is classified generally to

this chapter. For complete classification of this Act to the Code,

see Short Title note below and Tables.

The Earthquake Hazards Reduction Act of 1977, referred to subsec.

(c)(1)(J), is Pub. L. 95-124, Oct. 7, 1977, 91 Stat. 1098, as

amended, which is classified generally to chapter 86 (Sec. 7701 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 7701 of Title 42 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (c)(1)(D). Pub. L. 107-305, which directed the

substitution of ''section 7306 of this title;'' for ''section 7307

of this title;'' in subsec. (c)(1)(d), was executed to subsec.

(c)(1)(D), to reflect the probable intent of Congress.

SHORT TITLE

Pub. L. 107-231, Sec. 1, Oct. 1, 2002, 116 Stat. 1471, provided

that: ''This Act (enacting this chapter and amending section 281a

of this title) may be cited as the 'National Construction Safety

Team Act'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7303, 7310 of this title.

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15 USC Sec. 7302 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

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Sec. 7302. Composition of Teams

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-231, Sec. 3, Oct. 1, 2002, 116 Stat. 1472.)

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15 USC Sec. 7303 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

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Sec. 7303. Authorities

-STATUTE-

(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.

(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 chapter.

(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 chapter.

(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 chapter 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.

-SOURCE-

(Pub. L. 107-231, Sec. 4, Oct. 1, 2002, 116 Stat. 1472.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7301 of this title.

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15 USC Sec. 7304 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

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Sec. 7304. Briefings, hearings, witnesses, and subpoenas

-STATUTE-

(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) of this section) and otherwise, necessary witnesses

and evidence as necessary to carry out this chapter.

(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

7307 of this title 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 chapter 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

chapter, 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.

-SOURCE-

(Pub. L. 107-231, Sec. 5, Oct. 1, 2002, 116 Stat. 1474.)

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15 USC Sec. 7305 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

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Sec. 7305. Additional powers

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-231, Sec. 6, Oct. 1, 2002, 116 Stat. 1474.)

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15 USC Sec. 7306 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

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Sec. 7306. Disclosure of information

-STATUTE-

(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) of this section 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) of this section by

the National Institute of Standards and Technology or by a Team

until the report required by section 7307 of this title 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 chapter if the Director finds

that the disclosure of that information might jeopardize public

safety.

-SOURCE-

(Pub. L. 107-231, Sec. 7, Oct. 1, 2002, 116 Stat. 1475.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7301 of this title.

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15 USC Sec. 7307 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

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Sec. 7307. National Construction Safety Team report

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-231, Sec. 8, Oct. 1, 2002, 116 Stat. 1475.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7304, 7306, 7308, 7309,

7310 of this title.

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15 USC Sec. 7308 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

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Sec. 7308. National Institute of Standards and Technology actions

-STATUTE-

After 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

(C) other actions needed to help prevent future building

failures.

-SOURCE-

(Pub. L. 107-231, Sec. 9, Oct. 1, 2002, 116 Stat. 1475.)

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15 USC Sec. 7309 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

-HEAD-

Sec. 7309. National Institute of Standards and Technology annual

report

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-231, Sec. 10, Oct. 1, 2002, 116 Stat. 1476.)

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15 USC Sec. 7310 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

-HEAD-

Sec. 7310. Advisory committee

-STATUTE-

(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 chapter and to review the procedures developed under

section 7301(c)(1) of this title and the reports issued under

section 7307 of this title.

(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.

(c) Duration of advisory committee

Section 14 of the Federal Advisory Committee Act shall not apply

to the advisory committee established under this section.

-SOURCE-

(Pub. L. 107-231, Sec. 11, Oct. 1, 2002, 116 Stat. 1476.)

-REFTEXT-

REFERENCES IN TEXT

Section 14 of the Federal Advisory Committee Act, referred to in

subsec. (c), is section 14 of Pub. L. 92-463, which is set out in

the Appendix to Title 5, Government Organization and Employees.

-CITE-

15 USC Sec. 7311 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

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Sec. 7311. Additional applicability

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-231, Sec. 12, Oct. 1, 2002, 116 Stat. 1476.)

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15 USC Sec. 7312 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

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Sec. 7312. Construction

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-231, Sec. 14, Oct. 1, 2002, 116 Stat. 1477.)

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15 USC Sec. 7313 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 99 - NATIONAL CONSTRUCTION SAFETY TEAM

-HEAD-

Sec. 7313. Authorization of appropriations

-STATUTE-

The National Institute of Standards and Technology is authorized

to use funds otherwise authorized by law to carry out this chapter.

-SOURCE-

(Pub. L. 107-231, Sec. 15, Oct. 1, 2002, 116 Stat. 1477.)

-CITE-