3

1 reflect new developments in technology, as well as the 2 irregularities and inconsistencies which arise in applying 3 such requirements to particular localities or special local 4 conditions; (3) that the lack of uniform housing and build5 ing regulatory provisions increases the costs of construction 6 and thereby reduces the amount of housing, and other com7 munity facilities which can be provided; and (4) that the 8 existence of a single authoritative nationally recognized 9 institution to provide for the evaluation of new technology 10 for the purpose of updating housing and building regulatory 11 provisions could facilitate introduction of such innovations 12 and their acceptance at the Federal, State, and local levels. "(b) The Congress further finds, however, that while an 14 authoritative source of technical findings is needed, various 15 private organizations and institutions, private industry, labor, 16 and Federal and other governmental agencies and entities

13

17

are presently engaged in building research, technology de18 velopment, testing and evaluation, standards and model code 19 development and promulgation, and information dissemina20 tion. These existing activities should be encouraged and these 21 capabilities effectively utilized wherever possible and appro22 priate to the purposes of this Act.

23

"(c) The Congress declares that an authoritative non24 governmental instrument needs to be created to address the 25 problems and issues described in subsection (a), that the

4

1 creation of such an instrument should be initiated by the 2 Government, with the advice and assistance of the National 3 Academy of Sciences-National Academy of Engineering4 National Research Council (hereinafter referred to as the 5 'Academies-Research Council') and with the greatest prac6 ticable participation of representatives of the various sectors 7 of the building community, including labor and management, 8 technical experts in building science and technology, and the 9 various levels of government.

10

11

16

"ESTABLISHMENT OF INSTITUTE

"SEC. 1003. (a) There is authorized to be established, 12 for the purposes described in section 1002 (c), an appropri13 ate nonprofit, nongovernmental instrument to be known as 14 the 'National Institute of Building Sciences' (hereinafter 15 referred to as the 'Institute'), which shall not be an agency or establishment of the United States Government. The Insti17 tute shall be subject to to the provisions of this title and, to 18 the extent consistent with this title, to a charter of the Con19 gress if such a charter is requested and issued or to the Dis20 trict of Columbia Nonprofit Corporation Act if that is deemed 21 preferable.

22

"(b) The Academies-Research Council shall advise and 23 assist in (1) the establishment of the Institute and its opera24 tion during its first five years of existence; (2) the develop25 ment of an organizational framework to encourage and pro

5

1 vide for the maximum participation feasible of public and 2 private scientific, technical, and financial organizations, in3 stitutions, and agencies now engaged in activities pertinent 4 to the development, promulgation, and maintenance of per5 formance criteria, standards, and other technical provisions 6 for building codes and other regulations; and (3) the 7 promulgation of appropriate organizational rules and pro8 cedures including those for the selection and operation of a 9 technical staff, such rules and procedures to be based upon 10 the primary object of promoting the public interest and in11 suring that the widest possible variety of interests and ex12 perience essential to the functions of the Institute are repre13 sented in the Institute's operations. Recommendations of the 14 Academies-Research Council, shall be based upon consulta15 tions with and recommendations from various private or16 ganizations and institutions, labor, private industry, and gov17 ernmental agencies and entities operating in the field, and 18 the Consultative Council as provided for under section 19 1004 (h).

20

"(c) Nothing in this title shall be construed as express21 ing the intent of the Congress that the Academies-Research 22 Council itself be required to assume any function or opera23 tion vested in the Institute by or under this title, nor is its 24 continuing advice and assistance precluded should the In

66-138 O-71 pt. 1 - 43

6

1 stitute and the Academies-Research Council wish to provide

2 therefor beyond the initial five years of operation.

3

4

“ADMINISTRATION OF THE INSTITUTE

"SEC. 1004. (a) The Institute shall have a Board of 5 Directors (hereinafter referred to as the 'Board') consisting 6 of not less than fifteen nor more than twenty-one members, 7 appointed during its first five years of operation by the Presi8 dent of the United States by and with the advice and consent 9 of the Senate, and thereafter as provided for by its charter. 10 In selecting persons to serve on the initial Board, the Presi11 dent shall appoint members from lists of highly qualified persons recommended to him by the Academies-Research 13 Council. Insofar as is practicable, the Board shall be reason14 ably representative of the various regions of the country, of 15 the various segments of the building community including 16 private industry and labor, of all levels of Government, of 17 consumer interests, and of the various types of experience 18 which are appropriate to the functions and responsibilities 19 of the Institute.

12

20.

"(b) The members of the initial Board shall serve as 21 incorporators and shall take whatever actions are necessary 22 to establish the Institute as provided for under section 23 1002 (a).

24

"(c) The term of office of each member of the initial

25 and succeeding Boards shall be three years; except that

7

1 (1) any member appointed to fill a vacancy occurring prior 2 to the expiration of the term for which his predecessor was 3 appointed shall be appointed for the remainder of such 4 term; and (2) the terms of office of members first taking 5 office shall begin on the date of incorporation and shall 6 expire, as designated at the time of their appointment, one7 third at the end of one year, one-third at the end of two

8

years, and one-third at the end of three years. No member 9 shall be eligible to serve in excess of three consecutive terms 10 of three years each. Notwithstanding the preceding pro11 visions of this subsection, a member whose term has expired may serve until his successor has qualified.

12

13

"(d) Any vacancy in the initial and succeeding Boards 14 shall not affect its power, but shall be filled in the manner 15 in which the original appointments were made, or, after 16 the first five years of operation, as provided for by the 17 organizational rules and procedures of the Institute. 18 "(e) The President shall designate one of the members 19 appointed to the initial Board as Chairman; thereafter, the 20 members of the initial and succeeding Boards shall annually 21 elect one of their number as Chairman. The members of the 22 Board shall also elect one or more of their number as Vice 23 Chairman. Terms of the Chairman and Vice Chairman shall 24 be for one year and no individual shall serve as Chairman 25 or Vice Chairman for more than two consecutive terms.