(9) The term ‘‘labor organization’’ means an 
organization composed in whole or in part of em-
ployees, in which employees participate, and which 
represents such employees before public safety agen-
cies concerning grievances, conditions of employment 
and related matters. 
(10) The term ‘‘substantially provides’’ means 
compliance with the essential requirements of this 
Act, specifically, the right to form and join a labor 
organization, the right to bargain over wages, hours 
and conditions of employment, the right to sign an 
enforceable contract, and availability of some form 
of mechanism to break an impasse, such as arbitra-
tion, mediation, or fact finding. 
SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBIL-
ITIES. 
(a) DETERMINATION.—
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Author-
ity shall make a determination as to whether a State 
substantially provides for the rights and responsibil-
ities described in subsection (b). In making such de-
terminations, the Authority shall consider and give 
weight, to the maximum extent practicable, to the 
opinion of affected employee organizations.
(2) SUBSEQUENT
DETERMINATIONS.—(A) A 
determination made pursuant to paragraph (1) shall 
remain in effect unless and until the Authority 
issues a subsequent determination, in accordance 
with the procedures set forth in subparagraph (B). 
(B) Upon establishing that a material change in 
State law or its interpretation has occurred, an em-
ployer or a labor organization may submit a written 
request for a subsequent determination. If satisfied 
that a material change in State law or its interpreta-
tion has occurred, the Director 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) 
and (d) of title 5, United States Code, shall be fol-
lowed, except that any final determination of the Au-
thority with respect to questions of fact or law shall
be found to be conclusive unless the court deter-
mines that the Authority’s decision was arbitrary 
and capricious. 
(b) RIGHTS AND RESPONSIBILITIES.—In making a 
determination described in subsection (a), the Authority 
shall consider whether State law provides rights and re-
sponsibilities comparable to or greater than 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) Permitting bargaining over hours, wages, 
and terms and conditions of employment. 
(4) Requiring an interest impasse resolution 
mechanism, such as fact-finding, mediation, arbitra-
tion 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 section; 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 
take effect on the date that is 2 years after the date 
of enactment of this Act. 
SEC. 5. ROLE OF FLRA AUTHORITY. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Authority shall issue 
regulations in accordance with the rights and responsibil-
ities described in section 4(b) establishing collective bar-
gaining procedures for public safety employers and officers 
in States which the Authority has determined, acting pur-
suant to its authority under section 4(a), do not substan-
tially 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 or conduct elections to determine 
whether a labor organization has been selected as an 
exclusive representative by a majority of the employ-
ees 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; and 
(7) 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) The Authority may 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 tem-
porary 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, except that any final order of the Au-
thority with respect to questions of fact or law shall 
be found to be conclusive unless the court deter-
mines that the Authority’s decision was arbitrary 
and capricious. 
(2) Unless the Authority has filed a petition for 
enforcement as provided in paragraph (1), any party 
has the right to file suit in a State court of com-
petent jurisdiction to enforce compliance with the 
regulations issued by the Authority pursuant to sub-
section (b), and to enforce compliance with any