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; and 
(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 
order issued by the Authority pursuant to this sec-
tion. The right provided by this subsection to bring 
a suit to enforce compliance with any order issued 
by the Authority pursuant to this section shall ter-
minate upon the filing of a petition seeking the same 
relief by the Authority. 
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. 
A public safety employer, officer, or labor organiza-
tion may not engage in a lockout or strike. 
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND 
AGREEMENTS. 
A certification, recognition, election-held, 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 (management offi-
cials) in effect on the day before the date of enactment 
of this Act shall not be invalidated by the enactment of 
this Act. 
SEC. 8. CONSTRUCTION AND COMPLIANCE. 
(a) CONSTRUCTION.—Nothing in this Act shall be 
construed—
(1) to invalidate or limit the remedies, rights, 
and procedures of any law of any State or political 
subdivision of any State or jurisdiction that provides 
greater or equal collective bargaining rights for pub-
lic safety officers; 
(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 invalidate 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 such State law permits 
an employee to appear in his or her own behalf with 
respect to his or her employment relations with the 
public safety agency involved; or 
(4) to allow parties subject to FLRA regula-
tions promulgated under this Act to negotiate provi-
sions that would prohibit an employee from engaging 
in part-time employment or volunteer activities dur-
ing off-duty hours; or 
(5) to prohibit a State from exempting from 
coverage under this Act a political subdivision of the
State that has a population of less than 5,000 or 
that employs less than 25 full time employees. 
For purposes of paragraph (5), the term ‘‘employees’’ in-
cludes each individual employed by the political subdivi-
sion except any individual elected by popular vote or ap-
pointed to serve on a board or commission. 
(b) COMPLIANCE.—
(1) ACTIONS OF STATES.—Nothing in this Act 
shall be construed to require a State to rescind or 
preempt laws or ordinances of any of its political 
subdivisions if such laws provide collective bar-
gaining rights for public safety officers that are 
comparable to or greater than the rights provided 
under this Act. 
(2) ACTIONS OF THE AUTHORITY.—Nothing in 
this Act shall be construed to require that the Au-
thority preempt the laws or ordinances of any polit-
ical subdivision of a State if such laws provide col-
lective bargaining rights for public safety officers 
that are comparable to or greater than the rights 
provided under this Act.
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.
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