Entry and inspection
Avoiding unnecessary interference and preserving evidence
Coordination
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.
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.
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.
With State and local authorities
A Team shall cooperate with State and local authorities carrying out any activities related to a Team’s investigation.
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.
Investigation priorities
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.
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.
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.
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.
Pub. L. 107–231, § 4116 Stat. 1472Pub. L. 117–167, div. B, title II, § 10246(h)136 Stat. 1494(, , ; , , .)
Editorial Notes
References in Text
Pub. L. 107–231116 Stat. 1471section 7301 of this titleThis chapter, referred to in subsecs. (a) and (d)(2) to (4), was in the original “this Act”, meaning , , , 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 and Tables.
Amendments
Pub. L. 117–167, § 10246(h)(1)2022—Subsec. (c)(5). , added par. (5).
Pub. L. 117–167, § 10246(h)(2)(A)Subsec. (d). , substituted “Investigation” for “Interagency” in heading.
Pub. L. 117–167, § 10246(h)(2)(B)Subsec. (d)(1). , inserted “or any civil suit or civil action” after “Federal agency”.