15 U.S.C. § 7301 — National Construction Safety Teams

Page 2343 TITLE 15—COMMERCE AND TRADE § 7301 (6) any other factors that the Commission may consider relevant. (c) Minimum review period In no event shall an issuer required to file re- ports under section 78m(a) or 78o(d) of this title be reviewed under this section less frequently than once every 3 years. (Pub. L. 107–204, title IV, § 408, July 30, 2002, 116 Stat. 790.) CHAPTER 99—NATIONAL CONSTRUCTION SAFETY TEAM Sec. 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 Tech- nology actions. 7309. National Institute of Standards and Tech- nology annual report. 7310. Advisory committee. 7311. Additional applicability. 7312. Construction. 7313. Authorization of appropriations. § 7301. National Construction Safety Teams (a) Establishment The Director of the National Institute of Standards and Technology (in this chapter re- ferred to as the ‘‘Director’’) is authorized to es- tablish National Construction Safety Teams (in this chapter referred to as a ‘‘Team’’) for deploy- ment after events causing the failure of a build- ing 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 de- ploy a Team within 48 hours after such an event. The Director shall promptly publish in the Fed- eral 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 evac- uation and emergency response procedures; (C) recommend, as necessary, specific im- provements to building standards, codes, and practices based on the findings made pursu- ant to subparagraphs (A) and (B); and (D) recommend any research and other ap- propriate actions needed to improve the structural safety of buildings, and improve evacuation and emergency response proce- dures, based on the findings of the investiga- tion. (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 deploy- ment of Teams. The Director shall update such procedures as appropriate. Such proce- dures 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 au- thority under section 7303(a) of this title and for ensuring compliance with any other ap- plicable 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 coordi- nated 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 pre- serving evidence as described in section 7303(a)(4), (b)(2), and (d)(4) of this title; (J) providing for coordination with Fed- eral, State, and local entities that may sponsor research or investigations of build- ing 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 Di- rector considers appropriate. (2) Publication The Director shall publish promptly in the Federal Register final procedures, and subse- quent updates thereof, developed under para- graph (1). (Pub. L. 107–231, § 2, Oct. 1, 2002, 116 Stat. 1471; Pub. L. 107–305, § 15, Nov. 27, 2002, 116 Stat. 2381.) Editorial Notes 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, known as the Na- tional Construction Safety Team Act, which is classi- fied principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note below and Tables. The Earthquake Hazards Reduction Act of 1977, re- ferred to in subsec. (c)(1)(J), is Pub. L. 95–124, Oct. 7, 1977, 91 Stat. 1098, which is classified generally to chap- ter 86 (§ 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. AMENDMENTS 2002—Subsec. (c)(1)(D). Pub. L. 107–305, which directed the substitution of ‘‘section 7306 of this title;’’ for ‘‘sec- Page 2344 TITLE 15—COMMERCE AND TRADE § 7302 tion 7307 of this title;’’ in subsec. (c)(1)(d), was executed to subsec. (c)(1)(D), to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 107–231, § 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’.’’ § 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 In- stitute of Standards and Technology and shall include other experts who are not employees of the National Institute of Standards and Tech- nology, who may include private sector experts, university experts, representatives of profes- sional organizations with appropriate expertise, and appropriate Federal, State, or local offi- cials. Team members who are not Federal em- ployees 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 per- son authorized by the Director to support a Team, on display of appropriate credentials pro- vided by the Director and written notice of in- spection 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 lo- cated, and take action necessary, appropriate, and reasonable in light of the nature of the property to be inspected to carry out the du- ties 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 re- lated to the investigation; (3) inspect and test any building compo- nents, materials, and artifacts related to the building failure; and (4) move such records, components, mate- rials, and artifacts as provided by the proce- dures developed under section 7301(c)(1) of this title. (b) Avoiding unnecessary interference and pre- serving 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 arti- facts, property, records, process, or facility; and (2) to the maximum extent feasible, pre- serves evidence related to the building failure, consistent with the ongoing needs of the in- vestigation. (c) Coordination (1) With search and rescue efforts A Team shall not impede, and shall coordi- nate 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 re- searchers 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 investiga- tion, providing for coordination of investiga- tions. (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. (5) Civil suits Where practicable, a Team shall cooperate with civil litigants without compromising a Team’s investigation or the evidence preserva- tion activities as described in this section. (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 Trans- portation Safety Board investigation shall have priority over the Team investigation. Such priority shall not otherwise affect the authority of the Team to continue its inves- tigation under this chapter. (3) Criminal acts If the Attorney General, in consultation with the Director, determines, and notifies the Director, that circumstances reasonably indi- cate that the building failure being inves- tigated by a Team may have been caused by a criminal act, the Team shall relinquish inves- tigative priority to the appropriate law en- forcement agency. The relinquishment of in- vestigative 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 sus- pects and notifies the Director that a building failure being investigated by a Team under this chapter may have been caused by a crimi- nal 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. (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.)