I 
109TH CONGRESS 
1ST SESSION H. R. 4205 
To provide incentives to encourage private sector efforts to reduce earthquake 
losses, to establish a national disaster mitigation program, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 2, 2005 
Mr. FORD introduced the following bill; which was referred to the Committee 
on Ways and Means, and in addition to the Committees on Transpor-
tation and Infrastructure, Science, and Financial Services, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To provide incentives to encourage private sector efforts to 
reduce earthquake losses, to establish a national disaster 
mitigation program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Earthquake 
Preparedness, Response, and Recovery Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following:
(1) As a result of research funded by the Na-
tional Earthquake Hazards Reduction Program, a 
substantial body of knowledge exists about earth 
sciences, geotechnical and structural engineering, 
and human behavior relating earthquakes. 
(2) The foremost challenge as we enter the 21st 
century is putting this knowledge to work by reduc-
ing future losses to improve the safety of Americans 
and the performance of State and local government 
facilities and private buildings and facilities. 
(3) Earthquakes and tsunamis cause great dan-
ger to human life and property throughout the 
United States and continue to threaten Americans 
significantly in over 40 States and territories. In 
1811 and 1812, the continental United States expe-
rienced one of the largest earthquakes in its history 
in the New Madrid seismic zone, which stretches 
from southern Illinois to northeastern Arkansas. The 
magnitude of those earthquakes resulted in large 
areas of land sinking into the earth, the formation 
of Reelfoot Lake in northwestern Tennessee and the 
Mississippi River changing its course. According to 
the United States Geological Survey, the probability 
of a repeat of the 1811–1812 earthquakes (mag-
nitude 7.5 to 8.00) in a 50 year period is 10 per-
cent. The probability of a magnitude 6.0 or larger 
is 25 percent to 40 percent. 
(4) Too few States and local communities have 
sufficiently identified and assessed their risk and im-
plemented adequate measures to reduce losses from 
such disasters and to ensure that their critical public 
infrastructure and facilities will continue to function 
after a disaster. 
(5) Too much of the Nation’s stocks of housing 
and commercial buildings remain inherently vulner-
able to earthquake shaking. Future losses in these 
facilities can be lessened using currently feasible 
technology. 
(6) Too much of local government infrastruc-
ture remain at risk and are likely to be non-func-
tional in the aftermath of foreseeable earthquake 
events at the time when the services that local gov-
ernments provide are critically necessary. 
(7) Federal, State, and local government ex-
penditures for disaster assistance and recovery have 
increased without commensurate reduction in the 
likelihood of future losses from such earthquakes. 
(8) Feasible techniques for reducing future 
earthquake losses are readily available.
(9) Economic incentives are needed to assist 
States and local communities and the public in im-
plementing available measures to reduce losses and 
ensure continued functionality of their infrastruc-
ture. 
(b) PURPOSE.—It is the purpose of this Act to estab-
lish a national disaster mitigation program that— 
(1) reduces the loss of life and property, human 
suffering, economic disruption, and disaster assist-
ance costs resulting from earthquakes; 
(2) offers financial incentives to encourage pri-
vate sector efforts to reduce earthquake losses; 
(3) provides matching finds to encourage and 
assist States and local governments and the private 
sector in their efforts to implement measures de-
signed to ensure the continued functionality of pub-
lic infrastructure, commerce, and habitation after 
earthquakes; 
(4) creates Federal, State, and local govern-
ment partnerships to reduce the vulnerability of pub-
lic infrastructure, commercial enterprises, and resi-
dential buildings to earthquakes; and 
(5) ensures that the Director of the Federal 
Emergency Management Agency meets or surpasses 
the highest professional requirements.
SEC. 3. QUALIFICATIONS OF UNDER SECRETARY FOR 
EMERGENCY PREPAREDNESS AND RESPONSE 
AND DIRECTOR OF THE FEDERAL EMER-
GENCY MANAGEMENT AGENCY. 
(a) QUALIFICATIONS
OF UNDER SECRETARY
FOR 
EMERGENCY PREPAREDNESS AND RESPONSE.—Section 
501 of the Homeland Security Act of 2002 (6 U.S.C. 311) 
is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘There’’; and 
(2) by adding at the end the following: 
‘‘(b) QUALIFICATIONS.— 
‘‘(1) IN GENERAL.—The Under Secretary shall 
be appointed by the President in accordance with 
section 103 from among individuals who are unique-
ly qualified to carry out the duties and powers of the 
office by virtue of their emergency management ex-
perience, educational background, training, and pro-
fessional contributions. 
‘‘(2) CONSIDERATIONS.— 
‘‘(A) EMERGENCY MANAGEMENT EXPERI-
ENCE.—In assessing an individual’s emergency 
management experience under paragraph (1), 
the President shall determine whether the indi-
vidual has a minimum of 4 years of comprehen-
sive experience in emergency management, miti-
gation, and response, including participation in 
full scale exercises and actual disasters. 
‘‘(B) EDUCATIONAL BACKGROUND.—In as-
sessing an individual’s educational background 
under paragraph (1), the President shall deter-
mine whether the individual has a 4–year bac-
calaureate degree, an advanced degree, and a 
certification as an emergency manager. 
‘‘(C) TRAINING.—In assessing an individ-
ual’s training under paragraph (1), the Presi-
dent shall determine whether the individual has 
a minimum of 100 hours of emergency manage-
ment training and a minimum of 100 hours of 
general management training. 
‘‘(D) PROFESSIONAL CONTRIBUTIONS.—In 
assessing an individual’s professional contribu-
tions under paragraph (1), the President shall 
determine whether the individual has made sig-
nificant contributions to the emergency man-
agement profession in the areas of professional 
membership, speaking, publication of articles, 
service on professional boards, and other areas 
beyond the scope of the emergency management 
job requirements.’’.