118 STAT. 1671 PUBLIC LAW 108–360—OCT. 25, 2004 government, and financial communities who are qualified to provide advice on earthquake hazards reduction and represent all related scientific, architectural, and engineering disciplines. The recommendations of the Advisory Committee shall be considered by Federal agen cies in implementing the Program. ‘‘(B) ASSESSMENT.—The Advisory Committee shall assess— ‘‘(i) trends and developments in the science and engineering of earthquake hazards reduction; ‘‘(ii) effectiveness of the Program in carrying out the activities under (a)(2); ‘‘(iii) the need to revise the Program; and ‘‘(iv) the management, coordination, implementa tion, and activities of the Program. ‘‘(C) REPORT.—Not later than 1 year after the date of enactment of the National Earthquake Hazards Reduc tion Program Reauthorization Act of 2004 and at least once every 2 years thereafter, the Advisory Committee shall report to the Director on its findings of the assessment carried out under subparagraph (B) and its recommenda tions for ways to improve the Program. In developing rec ommendations, the Committee shall consider the rec ommendations of the United States Geological Survey Sci entific Earthquake Studies Advisory Committee. ‘‘(D) FEDERAL ADVISORY COMMITTEE ACT APPLICATION.— Section 14 of the Federal Advisory Committee Act (5 App. U.S.C. 14) shall not apply to the Advisory Committee.’’; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking ‘‘Federal Emergency Management Agency’’ and all that follows through ‘‘of the Agency’’ and inserting ‘‘National Institute of Standards and Technology shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director of the Institute’’; (ii) by striking subparagraphs (B) and (C) and redesignating subparagraphs (D) and (E) as subpara graphs (C) and (D), respectively; (iii) by inserting after subparagraph (A) the fol lowing: ‘‘(B) support the development of performance based seismic engineering tools, and work with appropriate groups to promote the commercial application of such tools, through earthquake related building codes, standards, and construction practices;’’; (iv) by striking ‘‘The principal official carrying out the responsibilities described in this paragraph shall be at a level no lower than that of Associate Director.’’; and (v) in subparagraph (D), as redesignated by clause (ii), by striking ‘‘National Science Foundation, the National Institutes of Standards and Technology’’ and inserting ‘‘Federal Emergency Management Agency, the National Science Foundation’’; (B) by striking so much of paragraph (2) as precedes subparagraph (B) and inserting the following:
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