12 U.S.C. § 1701j-2 : US Code - Section 1701J-2: National Institute of Building Sciences

Search 12 U.S.C. § 1701j-2 : US Code - Section 1701J-2: National Institute of Building Sciences

(a) Congressional findings and declaration of purpose
(1) The Congress finds (A) that the lack of an authoritative
national source to make findings and to advise both the public and
private sectors of the economy with respect to the use of building
science and technology in achieving nationally acceptable standards
and other technical provision for use in Federal, State, and local
housing and building regulations is an obstacle to efforts by and
imposes severe burdens upon all those who procure, design,
construct, use, operate, maintain, and retire physical facilities,
and frequently results in the failure to take full advantage of new
and useful developments in technology which could improve our
living environment; (B) that the establishment of model buildings
codes or of a single national building code will not completely
resolve the problem because of the difficulty at all levels of
government in updating their housing and building regulations to
reflect new developments in technology, as well as the
irregularities and inconsistencies which arise in applying such
requirements to particular localities or special local conditions;
(C) that the lack of uniform housing and building regulatory
provisions increases the costs of construction and thereby reduces
the amount of housing and other community facilities which can be
provided; and (D) that the existence of a single authoritative
nationally recognized institution to provide for the evaluation of
new technology could facilitate introduction of such innovations
and their acceptance at the Federal, State, and local levels.
(2) The Congress further finds, however, that while an
authoritative source of technical findings is needed, various
private organizations and institutions, private industry, labor,
and Federal and other governmental agencies and entities are
presently engaged in building research, technology development,
testing, and evaluation, standards and model code development and
promulgation, and information dissemination. These existing
activities should be encouraged and these capabilities effectively
utilized wherever possible and appropriate to the purposes of this
section.
(3) The Congress declares that an authoritative nongovernmental
instrument needs to be created to address the problems and issues
described in paragraph (1), that the creation of such an instrument
should be initiated by the Government, with the advice and
assistance of the National Academy of Sciences-National Academy of
Engineering-National Research Council (hereinafter referred to as
the "Academies-Research Council") and of the various sectors of the
building community, including labor and management, technical
experts in building science and technology, and the various levels
of government.
(b) Establishment; advice and assistance of Academies-Research
Council and other agencies and organizations knowledgeable in
building technology
(1) There is authorized to be established, for the purposes
described in subsection (a)(3) of this section, an appropriate
nonprofit, nongovernmental instrument to be known as the National
Institute of Building Sciences (hereinafter referred to as the
"Institute"), which shall not be an agency or establishment of the
United States Government. The Institute shall be subject to the
provisions of this section and, to the extent consistent with this
section, to a charter of the Congress if such a charter is
requested and issued or to the District of Columbia Nonprofit
Corporation Act if that is deemed preferable.
(2) The Academies-Research Council, along with other agencies and
organizations which are knowledgeable in the field of building
technology, shall advise and assist in (A) the establishment of the
Institute; (B) the development of an organizational framework to
encourage and provide for the maximum feasible participation of
public and private scientific, technical, and financial
organizations, institutions, and agencies now engaged in activities
pertinent to the development, promulgation, and maintenance of
performance criteria, standards, and other technical provisions for
building codes and other regulations; and (C) the promulgation of
appropriate organizational rules and procedures including those for
the selection and operation of a technical staff, such rules and
procedures to be based upon the primary object of promoting the
public interest and insuring that the widest possible variety of
interests and experience essential to the functions of the
Institute are represented in the Institute's operations.
Recommendations of the Academies-Research Council shall be based
upon consultations with and recommendations from various private
organizations and institutions, labor, private industry, and
governmental agencies entities operating in the field, and the
Consultative Council as provided for under subsection (c)(8) of
this section.
(3) Nothing in this section shall be construed as expressing the
intent of the Congress that the Academies-Research Council itself
be required to assume any function or operation vested in the
Institute by or under this section.
(c) Board of Directors; number; appointment; membership; terms of
office; vacancies; appointment, etc., of Chairman and Vice
Chairman; employees of United States; travel and subsistence
expenses; appointment and compensation of president and other
executive officers and employees; establishment, membership, and
functions of Consultative Council
(1) The Institute shall have a Board of Directors (hereinafter
referred to as the "Board") consisting of not less than fifteen nor
more than twenty-one members, appointed by the President of the
United States by and with the advice and consent of the Senate. The
Board shall be representative of the various segments of the
building community, of the various regions of the country, and of
the consumers who are or would be affected by actions taken in the
exercise of the functions and responsibilities of the Institute,
and shall include (A) representatives of the construction industry,
including representatives of construction labor organizations,
product manufacturers, and builders, housing management experts,
and experts in building standards, codes, and fire safety, and (B)
members representative of the public interest in such numbers as
may be necessary to assure that a majority of the members of the
Board represent the public interest and that there is adequate
consideration by the Institute of consumer interests in the
exercise of its functions and responsibilities. Those representing
the public interest on the Board shall include architects,
professional engineers, officials of Federal, State, and local
agencies, and representatives of consumer organizations. Such
members of the Board shall hold no financial interest or membership
in, nor be employed by, or receive other compensation from, any
company, association, or other group associated with the
manufacture, distribution, installation, or maintenance of
specialized building products, equipment, systems, subsystems, or
other construction materials and techniques for which there are
available substitutes.
(2) The members of the initial Board shall serve as incorporators
and shall take whatever actions are necessary to establish the
Institute as provided for under subsection (b)(1) of this section.
(3) The term of office of each member of the initial and
succeeding Boards shall be three years; except that (A) any member
appointed to fill a vacancy occurring prior to the expiration of
the term for which his predecessor was appointed shall be appointed
for the remainder of such term; and (B) the terms of office of
members first taking office shall begin on the date of
incorporation and shall expire, as designated at the time of their
appointment, one-third at the end of one year, one-third at the end
of two years, and one-third at the end of three years. No member
shall be eligible to serve in excess of three consecutive terms of
three years each. Notwithstanding the preceding provisions of this
subsection, a member whose term has expired may serve until his
successor has qualified.
(4) Any vacancy in the initial and succeeding Boards shall not
affect its power, but shall be filled in the manner in which the
original appointments were made, or, after the first five years of
operation, as provided for by the organizational rules and
procedures of the Institute; except that, notwithstanding any such
rules and procedures as may be adopted by the Institute, the
President of the United States, by and with the advice and consent
of the Senate, shall appoint, as representative of the public
interest, two of the members of the Board of Directors selected
each year for terms commencing in that year.
(5) The President shall designate one of the members appointed to
the initial Board as Chairman; thereafter, the members of the
initial and succeeding Boards shall annually elect one of their
number as Chairman. The members of the Board shall also elect one
or more of their Members as Vice Chairman. Terms of the Chairman
and Vice Chairman shall be for one year and no individual shall
serve as Chairman or Vice Chairman for more than two consecutive
terms.
(6) The members of the initial or succeeding Boards shall not, by
reason of such membership, be deemed to be employees of the United
States Government. They shall, while attending meetings of the
Board or while engaged in duties related to such meetings or in
other activities of the Board pursuant to this section, be entitled
to receive compensation at the rate of $100 per day including
traveltime, and while away from their homes or regular places of
business they may be allowed travel expenses, including per diem in
lieu of subsistence, equal to that authorized under section 5703 of
title 5, for persons in the Government service employed
intermittently.
(7) The Institute shall have a president and such other executive
officers and employees as may be appointed by the Board at rates of
compensation fixed by the Board. No such executive officer or
employee may receive any salary or other compensation from any
source other than the Institute during the period of his employment
by the Institute.
(8) The Institute shall establish, with the advice and assistance
of the Academies-Research Council and other agencies and
organizations which are knowledgeable in the field of building
technology, a Consultative Council, membership in which shall be
available to representatives of all appropriate private trade,
professional, and labor organizations, private and public
standards, code, and testing bodies, public regulatory agencies,
and consumer groups, so as to insure a direct line of communication
between such groups and the Institute and a vehicle for
representative hearings on matters before the Institute.
(d) Financial restrictions and prohibitions
(1) The Institute shall have no power to issue any shares of
stock, or to declare or pay any dividends.
(2) No part of the income or assets of the Institute shall inure
to the benefit of any director, officer, employee, or other
individual except as salary or reasonable compensation for
services.
(3) The Institute shall not contribute to or otherwise support
any political party or candidate for elective public office.
(e) Exercise of functions and responsibilities
(1) The Institute shall exercise its functions and
responsibilities in four general areas, relating to building
regulations, as follows:
(A) Development, promulgation, and maintenance of nationally
recognized performance criteria, standards, and other technical
provisions for maintenance of life, safety, health, and public
welfare suitable for adoption by building regulating
jurisdictions and agencies, including test methods and other
evaluative techniques relating to building systems, subsystems,
components, products, and materials with due regard for consumer
problems.
(B) Evaluation and prequalification of existing and new
building technology in accordance with subparagraph (A).
(C) Conduct of needed investigations in direct support of
subparagraphs (A) and (B).
(D) Assembly, storage, and dissemination of technical data and
other information directly related to subparagraphs (A), (B), and
(C).
(2) The Institute in exercising its functions and
responsibilities described in paragraph (1) shall assign and
delegate, to the maximum extent possible, responsibility for
conducting each of the needed activities described in paragraph (1)
to one or more of the private organizations, institutions,
agencies, and Federal and other governmental entities with a
capacity to exercise or contribute to the exercise of such
responsibility, monitor the performance achieved through assignment
and delegation, and, when deemed necessary, reassign and delegate
such responsibility.
(3) The Institute in exercising its functions and
responsibilities under paragraphs (1) and (2) shall (A) give
particular attention to the development of methods for encouraging
all sectors of the economy to cooperate with the Institute and to
accept and use its technical findings, and to accept and use the
nationally recognized performance criteria, standards, and other
technical provisions developed for use in Federal, State, and local
building codes and other regulations which result from the program
of the Institute; (B) seek to assure that its actions are
coordinated with related requirements which are imposed in
connection with community and environmental development generally;
and (C) consult with the Department of Justice and other agencies
of government to the extent necessary to insure that the national
interest is protected and promoted in the exercise of its functions
and responsibilities.
(f) Contract and grant authorization; donations; fees; amounts
received in addition to amounts appropriated
(1) The Institute is authorized to accept contracts and grants
from Federal, State, and local governmental agencies and other
entities, and grants and donations from private organizations,
institutions, and individuals.
(2) The Institute may, in accordance with rates and schedules
established with guidance as provided under subsection (b)(2) of
this section, establish fees and other charges for services
provided by the Institute or under its authorization.
(3) Amounts received by the Institute under this section shall be
in addition to any amounts which may be appropriated to provide its
initial operating capital under subsection (h) of this section.
(g) Technical findings and performance criteria and standards;
applicability and use by Federal departments, agencies, and
establishments, and State and local governments; supporting
grants and contracts
(1) Every department, agency, and establishment of the Federal
Government, in carrying out any building or construction, or any
building- or construction-related programs, which involves direct
expenditures, and in developing technical requirements for any such
building or construction, shall be encouraged to accept the
technical findings of the Institute, or any nationally recognized
performance criteria, standards, and other technical provisions for
building regulations brought about by the Institute, which may be
applicable.
(2) All projects and programs involving Federal assistance in the
form of loans, grants, guarantees, insurance, or technical aid, or
in any other form, shall be encouraged to accept, use, and comply
with any of the technical findings of the Institute, or any
nationally recognized performance criteria, standards, and other
technical provisions for building codes and other regulations
brought about by the Institute, which may be applicable to the
purposes for which the assistance is to be used.
(3) Every department, agency, and establishment of the Federal
Government having responsibility for building or construction, or
for building- or construction-related programs, is authorized and
encouraged to request authorization and appropriations for grants
to the Institute for its general support, and is authorized to
contract with and accept contracts from the Institute for specific
services where deemed appropriate by the responsible Federal
official involved.
(4) The Institute shall establish and carry on a specific and
continuing program of cooperation with the States and their
political subdivisions designed to encourage their acceptance of
its technical findings and of nationally recognized performance
criteria, standards, and other technical provisions for building
regulations brought about by the Institute. Such program shall
include (A) efforts to encourage any changes in existing State and
local law to utilize or embody such findings and regulatory
provisions; and (B) assistance to States in the development of
inservice training programs for building officials, and in the
establishment of fully staffed and qualified State technical
agencies to advise local officials on questions of technical
interpretation.
(h) Advanced Building Technology Program
(1) Establishment of Advanced Building Technology Council
There is established within the Institute, the Advanced
Building Technology Council (hereafter referred to as the
"Council").
(2) Purposes
The Council shall carry out an Advanced Building Technology
Program for the purposes of -
(A) identifying, selecting, and evaluating existing and new
building technologies, including energy cost savings
technologies, that conform to recognized performance criteria
and meet applicable test standards for maintenance of life,
safety, health, and public welfare when used in occupied
buildings;
(B) to the extent necessary, developing criteria for the use
of such technology;
(C) conducting economic analyses of proposed new technologies
when produced and installed in buildings at volumes associated
with comparable conventional technologies;
(D) in cooperation with the appropriate Federal agencies,
advising building designers, installers, subcontractors,
contractors and supervisory officials on the appropriate design
and use of new building technology incorporated in federally
owned or operated buildings;
(E) in cooperation with the appropriate Federal agencies,
monitoring and evaluating the performance of new building
technologies for at least 1 year after installation and
building occupancy; and
(F) disseminating resulting data to affected parties through
automated information management systems.
(3) Council membership
The Council shall be comprised of not less than 6 and not more
than 11 members selected by the Secretary of Housing and Urban
Development from among representatives of the various segments of
the nationwide building community that have extensive experience
in building industries, including, but not limited to -
(A) product manufacturers;
(B) experts in the fields of health, fire hazards, and
safety; and
(C) independent representatives of the public interest such
as architects, professional engineers, and representatives of
consumer organizations,
except that serving members of the National Institute of Building
Sciences Advisory Council shall not be eligible to serve
simultaneously on the Council.
(4) Federal participation
(A) In general
Any agency of the Federal Government involved in any building
or construction may participate in the Advanced Building
Technology Program with the Council to develop and implement
programs to incorporate one or more of the recommended new
technologies in a new or existing building within the agency.
(B) Required assurances
Upon agreement between a participating Federal agency and the
Council, with respect to the selection of the appropriate
technology and the schedule of necessary work, the Council
shall -
(i) provide the Federal agency with a 5-year guarantee from
the technology manufacturer that -
(I) all necessary corrections to the technology will be
made in the design, installation, and maintenance of the
technology;
(II) all malfunctions will be repaired without delay; and
(III) the technology manufacturer will be responsible for
removal of the technology in the event of its failure to
perform as required;
(ii) provide the Federal agency and its officials
responsible for constructing or renovating buildings
utilizing the new technology, as well as the designers,
installers, subcontractors, and contractors responsible for
the design, construction, or renovation of the buildings
utilizing such technology with the technical information
necessary to ensure its most appropriate use,
(iii) in cooperation with the Federal agency, monitor and
evaluate the performance of the new technology, and
(iv) prepare reports to be made available to public
agencies at all levels of government, the industry, and the
public on the performance of the new technology.
(5) Report to the Institute
The Council shall submit to the Institute annually a
description of its activities under the Advanced Building
Technology Program for inclusion in the Institute's annual report
to the Congress under subsection (j) of this section.
(i) Authorization of appropriations
There is authorized to be appropriated to the Institute not to
exceed $5,000,000 for the fiscal year 1975, and $5,000,000 for the
fiscal year 1976, and $5,000,000 for each of the fiscal years 1977
and 1978, and any amounts not appropriated in fiscal years 1977 and
1978 may be appropriated in any fiscal year through 1984 (with not
more than $500,000 to be appropriated for each of the fiscal years
1982, 1983, and 1984 and with each appropriation to be available
until expended), to provide the Institute with initial capital
adequate for the exercise of its functions and responsibilities
during such years; and thereafter the Institute shall be
financially self-sustaining through the means described in
subsection (f) of this section. In addition to the amounts
authorized to be appropriated under the first sentence of this
section, there are authorized to be appropriated to the Institute
to carry out the provisions of this section not to exceed $512,000
for fiscal year 1991 and $534,000 for fiscal year 1992. Any amount
appropriated under the preceding sentence shall be made available
for expenditure or obligation by the Institute only to the extent
of an equal amount received by the Institute after November 30,
1983, from persons or entities other than the Federal Government.
(j) Annual report to President for transmittal to Congress;
contents
The Institute shall submit an annual report for the preceding
fiscal year to the President for transmittal to the Congress within
sixty days of its receipt. The report shall include a comprehensive
and detailed report of the Institute's operations, activities,
financial condition, and accomplishments under this section and may
include such recommendations as the Institute deems appropriate.