tion has occurred, the Authority shall issue a subse-
quent determination not later than 30 days after re-
ceipt of such request. 
(3) JUDICIAL REVIEW.—Any person aggrieved 
by a determination of the Authority under this sec-
tion may, during the 60-day period beginning on the 
date on which the determination was made, petition 
any United States Court of Appeals in the circuit in 
which the person resides or transacts business or in 
District of Columbia circuit, for judicial review. In 
any judicial review of a determination by the Au-
thority, the procedures contained in section 7123(c) 
of title 5, United States Code, shall be followed. 
(b) RIGHTS AND RESPONSIBILITIES.—In making a 
determination described in subsection (a), the Authority 
shall consider a State’s law to provide adequate rights and 
responsibilities unless such law fails to substantially pro-
vide rights and responsibilities comparable to or greater 
than each of the following: 
(1) Granting public safety officers the right to 
form and join a labor organization, which may ex-
clude management and supervisory employees, that 
is, or seeks to be, recognized as the exclusive bar-
gaining representative of such employees.
(2) Requiring public safety employers to recog-
nize the employees’ labor organization (freely chosen 
by a majority of the employees), to agree to bargain 
with the labor organization, and to commit any 
agreements to writing in a contract or memorandum 
of understanding. 
(3) Providing for bargaining over hours, wages, 
and terms and conditions of employment. 
(4) Making available an interest impasse resolu-
tion mechanism, such as fact-finding, mediation, ar-
bitration, or comparable procedures. 
(5) Requiring enforcement through State courts 
of— 
(A) all rights, responsibilities, and protec-
tions provided by State law and enumerated in 
this subsection; and 
(B) any written contract or memorandum 
of understanding. 
(c) FAILURE TO MEET REQUIREMENTS.— 
(1) IN GENERAL.—If the Authority determines, 
acting pursuant to its authority under subsection 
(a), that a State does not substantially provide for 
the rights and responsibilities described in sub-
section (b), such State shall be subject to the regula-
tions and procedures described in section 5.
(2) EFFECTIVE
DATE.—Paragraph (1) shall 
apply in each State on the later of— 
(A) 2 years after the date of enactment of 
this Act; or 
(B) the date of the end of the first regular 
session of the legislature of that State that be-
gins after the date of the enactment of this Act. 
SEC. 5. ROLE OF THE AUTHORITY. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Authority shall issue 
regulations establishing procedures which provide the 
rights and responsibilities described in section 4(b) for 
public safety employers and officers in States which the 
Authority has determined, acting pursuant to its authority 
under section 4(a), do not substantially provide for such 
rights and responsibilities. 
(b) ROLE OF THE FEDERAL LABOR RELATIONS AU-
THORITY.—The Authority, to the extent provided in this 
Act and in accordance with regulations prescribed by the 
Authority, shall— 
(1) determine the appropriateness of units for 
labor organization representation; 
(2) supervise and conduct elections to deter-
mine whether a labor organization has been selected
as an exclusive representative by a voting majority 
of the employees in an appropriate unit; 
(3) resolve issues relating to the duty to bar-
gain in good faith; 
(4) conduct hearings and resolve complaints of 
unfair labor practices; 
(5) resolve exceptions to the awards of arbitra-
tors; 
(6) protect the right of each employee to form, 
join, or assist any labor organization, or to refrain 
from any such activity, freely and without fear of 
penalty or reprisal, and protect each employee in the 
exercise of such right; 
(7) if the Authority finds that any State is not 
in compliance with the regulations prescribed under 
subsection (a), direct compliance by such State by 
order; and 
(8) take such other actions as are necessary 
and appropriate to effectively administer this Act, 
including issuing subpoenas requiring the attendance 
and testimony of witnesses and the production of 
documentary or other evidence from any place in the 
United States, and administering oaths, taking or 
ordering the taking of depositions, ordering re-
sponses to written interrogatories, and receiving and 
examining witnesses. 
(c) ENFORCEMENT.— 
(1) PETITION BY AUTHORITY.—If a State fails 
to comply with a final order issued by the Authority, 
the Authority shall petition any United States Court 
of Appeals with jurisdiction over the parties or the 
United States Court of Appeals for the District of 
Columbia Circuit to enforce any final orders under 
this section, and for appropriate temporary relief or 
a restraining order. Any petition under this section 
shall be conducted in accordance with section 
7123(c) and (d) of title 5, United States Code, ex-
cept that any final order of the Authority with re-
spect to questions of fact shall be found to be con-
clusive unless the court determines that the 
Authority’s decision was arbitrary and capricious. 
(2) RIGHT OF ACTION.—Unless the Authority 
has filed a petition for enforcement as provided in 
paragraph (1), any interested party shall have the 
right to file suit against any political subdivision of 
a State, or, if the State has waived its sovereign im-
munity, against the State itself, in any district court 
of the United States of competent jurisdiction to en-
force compliance with the regulations issued by the
Authority pursuant to subsection (b), to enforce 
compliance with any order issued by the Authority 
pursuant to this section, or to enforce section 6 of 
this Act. The right provided by this paragraph to 
bring a suit to enforce compliance with any order 
issued by the Authority pursuant to this section 
shall terminate upon the filing of a petition seeking 
the same relief by the Authority under paragraph 
(1). 
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. 
Notwithstanding any rights or responsibilities pro-
vided under State law or under regulations issued by the 
Authority under section 5— 
(1) a public safety employer may not engage in 
a lockout of public safety officers; 
(2) public safety officers may not engage in a 
strike against such public safety employer; and 
(3) a labor organization may not call for a 
strike by public safety officers against their public 
safety employer. 
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND 
AGREEMENTS. 
This Act and the regulations issued under this Act 
shall not be construed to invalidate a certification, recogni-
tion, collective bargaining agreement, or memorandum of
understanding which has been issued, approved, or ratified 
by any public employee relations board or commission or 
by any State or political subdivision or its agents (manage-
ment officials) in effect on the day before the date of en-
actment of this Act, or the results of any election held 
before the date of enactment of this Act. 
SEC. 8. CONSTRUCTION, COMPLIANCE, AND ENFORCE-
MENT. 
(a) CONSTRUCTION.—Nothing in this Act or the reg-
ulations issued under this Act shall be construed— 
(1) to preempt or limit the remedies, rights, 
and procedures of any law of any State or political 
subdivision of any State or jurisdiction that substan-
tially provides greater or comparable rights and re-
sponsibilities described in section 4(b); 
(2) to prevent a State from enforcing a State 
law which prohibits employers and labor organiza-
tions from negotiating provisions in a labor agree-
ment that require union membership or payment of 
union fees as a condition of employment; 
(3) to preempt any State law in effect on the 
date of enactment of this Act that substantially pro-
vides for the rights and responsibilities described in 
section 4(b) solely because—
part-time employment or volunteer activities during 
off-duty hours; 
(5) to require a State to rescind or preempt 
laws or ordinances of any of its political subdivisions 
if such laws substantially provide rights and respon-
sibilities for public safety officers that are com-
parable to or greater than the rights and responsibil-
ities enumerated in section 4(b) of this Act; or 
(6) preempt any State law that substantially 
provides for the rights and responsibilities described 
in section 4(b) solely because such law does not re-
quire bargaining with respect to pension and retire-
ment benefits. 
(b) PARTIAL EXEMPTION.—A State may exempt 
from its State law, or from the requirements established 
under this Act, a political subdivision of the State that 
has a population of less than 5,000 or that employs fewer 
than 25 full time employees. For purposes of this sub-
section, the term ‘‘employees’’ includes each individual em-
ployed by the political subdivision except any individual 
elected by popular vote or appointed to serve on a board 
or commission. 
(c) ENFORCEMENT.—Notwithstanding any other pro-
vision of the Act, and in the absence of a waiver of a 
State’s sovereign immunity, the Authority shall have the
exclusive power to enforce the provisions of this Act with 
respect to public safety officers employed by a State. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out the provisions of this 
Act. 
Passed the House of Representatives July 17, 2007. 
Attest: 
Clerk.
110TH CONGRESS 
1ST SESSION 
H. R. 980 
AN ACT 
To provide collective bargaining rights for public 
safety officers employed by States or their polit-
ical subdivisions.