[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3925 Introduced in House (IH)]







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 Representatives 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 APPOINTEES HOLDING PUBLIC 
              SAFETY POSITIONS.

    (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 individual--
            (1) has academic, management, and leadership credentials in 
        one or more areas relevant to such position;
            (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 appointment 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 individual would serve.
    (c) Political Appointee.--For purposes of this section, the term 
``political appointee'' means any individual 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 emergency 
        appointee, or noncareer appointee in the Senior 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 Preparedness and 
        Response, Department of Homeland Security;
            (2) the Director of the Federal Emergency Management 
        Agency, Department of Homeland Security;
            (3) each regional director of the Federal Emergency 
        Management Agency, Department of Homeland Security;
            (4) the Recovery Division Director of the Federal Emergency 
        Management Agency, Department of Homeland Security;
            (5) the Assistant Secretary for Immigration and Customs 
        Enforcement, Department of Homeland 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 maintain 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 position.
    (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'', ``limited 
        emergency appointee'', and ``noncareer appointee'' 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.
                                 <all>