I 
109TH CONGRESS 
1ST SESSION H. R. 3925 
To provide that a Federal public safety position may not be held by any 
political appointee who does not meet certain minimum requirements. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 27, 2005 
Mr. WAXMAN (for himself, Ms. PELOSI, and Mr. LANTOS) introduced the 
following bill; which was referred to the Committee on Government Reform 
A BILL 
To provide that a Federal public safety position may not 
be held by any political appointee who does not meet 
certain minimum requirements. 
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 ‘‘Anti-Cronyism and 
Public Safety Act’’.
SEC. 2. MINIMUM REQUIREMENTS FOR POLITICAL AP-
POINTEES HOLDING PUBLIC SAFETY POSI-
TIONS. 
(a) IN GENERAL.—A public safety position may not 
be held by any political appointee who does not meet the 
requirements of subsection (b). 
(b) MINIMUM REQUIREMENTS.—An individual shall 
not, with respect to any position, be considered to meet 
the requirements of this subsection unless such indi-
vidual— 
(1) has academic, management, and leadership 
credentials in one or more areas relevant to such po-
sition; 
(2) has a superior record of achievement in one 
or more areas relevant to such position; 
(3) has training and expertise in one or more 
areas relevant to such position; and 
(4) has not, within the 2-year period ending on 
the date of such individual’s nomination for or ap-
pointment to such position, been a lobbyist for any 
entity or other client that is subject to the authority 
of the agency within which, if appointed, such indi-
vidual would serve. 
(c) POLITICAL APPOINTEE.—For purposes of this 
section, the term ‘‘political appointee’’ means any indi-
vidual who—
(1) is employed in a position listed in sections 
5312 through 5316 of title 5, United States Code 
(relating to the Executive Schedule); 
(2) is a limited term appointee, limited emer-
gency appointee, or noncareer appointee in the Sen-
ior Executive Service; or 
(3) is employed in the executive branch of the 
Government in a position which has been excepted 
from the competitive service by reason of its policy- 
determining, policy-making, or policy-advocating 
character. 
(d) PUBLIC SAFETY POSITION.—For purposes of this 
section, the term ‘‘public safety position’’ means— 
(1) the Under Secretary for Emergency Pre-
paredness and Response, Department of Homeland 
Security; 
(2) the Director of the Federal Emergency 
Management Agency, Department of Homeland Se-
curity; 
(3) each regional director of the Federal Emer-
gency Management Agency, Department of Home-
land Security; 
(4) the Recovery Division Director of the Fed-
eral Emergency Management Agency, Department 
of Homeland Security;
(5) the Assistant Secretary for Immigration 
and Customs Enforcement, Department of Home-
land Security; 
(6) the Assistant Secretary for Public Health 
Emergency Preparedness, Department of Health 
and Human Services; 
(7) the Assistant Administrator for Solid Waste 
and Emergency Response, Environmental Protection 
Agency; and 
(8) any position (not otherwise identified under 
any of the preceding provisions of this subsection) a 
primary function of which involves responding to a 
direct threat to life or property or a hazard to 
health, as identified by the head of each employing 
agency in consultation with the Office of Personnel 
Management. 
Beginning not later than 30 days after the date of the 
enactment of this Act, the head of each agency shall main-
tain on such agency’s public website a current list of all 
public safety positions within such agency. 
(e) COORDINATION WITH OTHER REQUIREMENTS.— 
The requirements set forth in subsection (b) shall be in 
addition to, and not in lieu of, any requirements that 
might otherwise apply with respect to any particular posi-
tion.
(f) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘agency’’ means an Executive 
agency (as defined by section 105 of title 5, United 
States Code); 
(2) the terms ‘‘limited term appointee’’, ‘‘lim-
ited emergency appointee’’, and ‘‘noncareer ap-
pointee’’ have the respective meanings given them by 
section 3132 of such title 5; 
(3) the term ‘‘Senior Executive Service’’ has the 
meaning given such term by section 2101a of such 
title 5; 
(4) the term ‘‘competitive service’’ has the 
meaning given such term by section 2102 of such 
title 5; and 
(5) the terms ‘‘lobbyist’’ and ‘‘client’’ have the 
respective meanings given them by section 3 of the 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1602). 
SEC. 3. EFFECTIVE DATE. 
This Act shall apply with respect to any appointment 
made after the end of the 30-day period beginning on the 
date of the enactment of this Act. 
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