15 U.S.C. § 7303: Authorities

Summary

Team members and any other people the Director allows can, after showing official ID and written notice, go onto property where a building failed or where parts, materials, or records about the failure are kept. They can look at records, inspect and test building parts and materials, and move items when allowed by the written procedures. Inspections must not needlessly get in the way of services the owner or operator provides, and must try to keep evidence safe for the investigation. Teams must not interfere with any ongoing search and rescue. They should coordinate with qualified researchers, state and local authorities, and, when it is practical and does not harm the investigation or evidence, with people in civil lawsuits. The National Institute of Standards and Technology must make written agreements with each federal agency that might do a related investigation to coordinate efforts. Team investigations usually take priority over other federal probes and civil cases, except when the National Transportation Safety Board has a related investigation or when the Attorney General tells the Director a crime may be involved — in those cases law enforcement gets priority. If law enforcement suspects a crime and notifies the Director, the Team must help preserve any criminal evidence.

Title 15, §7303

Commerce and Trade, Source: USLM XML via OLRC

(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.

(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.

(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 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (d)(2) to (4), was in the original “this Act”, meaning Pub. L. 107–231, Oct. 1, 2002, 116 Stat. 1471, known as the National

Construction

Safety Team Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 7301 of this title and Tables.

Amendments

2022—Subsec. (c)(5). Pub. L. 117–167, § 10246(h)(1), added par. (5). Subsec. (d). Pub. L. 117–167, § 10246(h)(2)(A), substituted “Investigation” for “Interagency” in heading. Subsec. (d)(1). Pub. L. 117–167, § 10246(h)(2)(B), inserted “or any civil suit or civil action” after “Federal agency”.

§7303 Authorities