3 STATE AND LOCAL AGENCIES "SEC. 1008. (a) Every department, agency, and estab+lishment of the Federal Government, in carrying out any 5 building or construction, or any building- or construction6 related program, which involves direct expenditures, and in developing technical requirements for any such building or is hereby encouraged 8 construction, shall be required to accept the technical findings 9 of the Institute, or any nationally recognized performance 10 criteria, standards, and other technical provisions for build11 ing regulations brought about by the Institute, which may 12 be applicable. Every department, agency, and establishment of the Federal Government 13 (b) A projects and programs involving Federal as 14 sistance in the form of loans, grants, guarantees, insurance, encourage 15 or technical aid, or in any other form, shall./as a conditions of 22 poses for which the assistance is to be used. (e) Every department, agency, and establishment of 23 the Federal Government having responsibility for building or construction, or for building- or construction-related pro grams, is authorized and encouraged to request authorization in their 13 1 and appropriations for grants to the Institute for its general 2 support, and is authorized to contract with and accept con3 tracts from the Institute for specific services where deemed 4 appropriate by the responsible Federal official involved. 5 (d) The Institute shall establish and carry on a specific 6 and continuing program of cooperation with the States and 7 their political subdivisions designed to encourage their acceptance and its technical findings and of nationally recognized 8 9 performance criteria, standards, and other technical provi10 sions for building regulations brought about by the Institute. 11 Such program shall include (1) efforts to encourage any 12 changes in existing State and local law to utilize or embody 13 such findings and regulatory provisions; and (2) assistance to States in the development of inservice training programs 15 for building officials, and in the establishment of fully staffed 16 and qualified State technical agencies to advise local officials 14 17 18 19 བས on questions of technical interpretation. "APPROPRIATIONS FOR INITIAL CAPITAL "SEC. 1009. There is authorized to be appropriated to 20 the Institute, over the first five fiscal years which end after 21 the date of the enactment of this title, the sum of $5,000,000 22 for each of the first two such fiscal years, the sum of $3,000,23 000 for each of the next two such fiscal years, and the sum 24 of $2,000,000 for the last such fiscal year (with each ap25 propriation to be available until expended or until six years 14 1 shall have passed), to provide the Institute with initial capi2 tal adequate for the exercise of its functions and responsi3 bilities during such years (and to assist the Academies-Re4 search Council with funds under contract which the Board 5 may deem necessary to allow the Council to provide the 6 necessary advice and assistance in organizing and establish7 ing the Institute); and thereafter the Institute shall be finan8 cially self-sustaining through the means described in section 9 1007. 10 11 "REPORT TO CONGRESS "SEC. 1010. The Institute shall submit an annual report 12 for the preceding fiscal year to the President for transmittal 13 to the Congress within sixty days of its receipt. The report 14 shall include a comprehensive and detailed report of the In15 stitute's operations, activities, financial condition, and accom16 plishments under this Act and may include such recommen17 dations as the Institute deems appropriate. Each such report 18 shall include a separate report from the Academies-Research 19 Council." Senator STEVENSON. Thank you, Mr. Kirkwood, for a very helpful statement. Would you remain seated for a moment? Mr. KIRKWOOD. I beg your pardon? Senator STEVENSON. I have just a few questions if you can remain. Many people argue that building codes should be determined in the locality and not imposed by the Federal Government. Your organization has worked for many years with the local building code officials. I wonder if you would comment, either or both of you, on the effects of this act even if it were amended, as you suggest, on the local power to establish building codes. Mr. KIRKWOOD. Well, Senator Stevenson, we think the bill as amended would be of assistance to State and local building code authorities. A National Institute of Building Sciences which was concentrating its efforts as a coordinating center for the existing organizations who promulgate standards used as reference documents in building codes would be a major aid to both State and municipal code authorities. Outdated standards, and in some cases the lack of research backup to update standards used in building codes, has inhibited innovations of modern building technology. A nongovernmental institute is needed to achieve an updated flow of information required in the promulgation and updating of standards that make up a building code. Since many private organizations and many public agencies, at all levels of government, are involved and affected, it is essential that leadership for establishment of the National Institute of Building Sciences come from the Congress and that Congress take leadership through passage of S. 1859 with amendments. Senator STEVENSON. There is no way we could preempt their responsibility Mr. KIRKWOOD. None whatsoever. Senator STEVENSON (continuing). At the local level? Mr. KIRKWOOD. The American Iron & Steel Institute believes that a National Institute of Building Sciences would help the local code administrator and not preempt their responsibility, by seeing to it that he obtained usable, up-to-date standard and technical information required to carry out his duties. It has been brought to my attention that some of the model building code organizations who currently publish model building codes for the use of State and municipal governments are in favor of S. 1859 if it is amended in the manner in which the American Iron & Steel Institute and other industry and professional organizations have proposed. Senator STEVENSON. The idea would be to encourage some consistency in local building codes, but why a nongovernmental agency at the national level supported by Federal funds? Mr. KIRKWOOD. A nongovernmental instrument such as the proposed National Institute of Building Sciences could furnish the essential and effective leadership both from the standpoint of the private and the public sector. Such an organization with the backing of Congress and the advice and assistance of the National Academy of Sciences and the National Academy of Engineering would have the stature to accomplish this important objective. The Federal funding is for a limited period and it is expected that the National Institute of Building Sciences would become selfsupporting within the time period imposed by Congress. Senator STEVENSON. Is it fair to say that one of the factors in the high cost of housing throughout the country is the multiplicity of building codes all across the country with which your industry must cope, and that more uniformity across the country would have a tendency to bring down housing costs? Mr. KIRKWOOD. The code and standard problem is extremely complex but standards themselves are not necessarily the major factor in increased building costs. Uniformity of national standards where geographical problems do not dictate the need for variations would, of course, decrease the cost of housing. Mr. Kirkland has given this subject a great deal of study and perhaps he would like to comment on this question. Mr. KIRKLAND. Yes, outdated and lack of uniformity in national standards can and do create problems and increase costs but in my opinion the terms "lack of uniformity" and "performance standards" tend to oversimplify the problem. However, they are very popular expressions. The use of the term "building code" to describe all regulatory standards that affect the building process has permitted critics to blame building codes for almost every ill that plagues the construction industry. Codes and standards must be identified as to origin and scope if confusion and misundertsandings are to be eliminated. It is not sufficient to define building codes as a collection of all local requirements whose purpose is to protect safety to life and property. Senator, I have the feeling that Congress is really saying to us in this bill, "We have heard so much about the problems of building codes, Federal codes versus State and municipal, lack of uniformity, outdated outmoded standards, need for central control, specification standards versus performance standards that we have deciced to make a major proposal-the result S. 1859." Congress seems to be saying to those involved in the construction industry-now here is a nongovernmental organization that will be supported by Congress for a period of time. It will not create a new Federal agency, it will permit both the private and the public sector of the construction industry and the professions involved in the construction field to clear up the problem or else we will probably end up with a Federal building code. American Iron & Steel Institute believes this bill should be supported with the amendments, and that it would be of great assistance to local communities, to the State, and, for that matter, to all levels of government because all levels of government are involved in building and in the enforcement of building standards which are developed through the voluntary and democratic process. Senator STEVENSON. There has been similar legislation before the Congress in the past, I'm sure you are aware, and it has been opposed by several Federal agencies. Have you had sufficient contact with those agencies to know anything of the attitude within the administration? Mr. KIRKWOOD. Although I am not familiar with the official position of any Federal agency on S. 1859, we in American Iron & Steel Institute have discussed this subject and certainly the bill as proposed would be unacceptable to Federal agencies involved in the construction process. The amendments which the American Iron & Steel Institute has proposed should eliminate any objections to this legislation on the part of the Federal agencies. |