(B) includes an individual who is tempo-
rarily transferred to a supervisory or manage-
ment position; and 
(C) does not include a permanent super-
visory or management employee. 
(3) The term ‘‘firefighter’’ has the same mean-
ing given the term ‘‘employee engaged in fire protec-
tion activities’’ defined in section 3 of the Fair 
Labor Standards Act (29 U.S.C. 203(y)). 
(4) The term ‘‘emergency medical services per-
sonnel’’ means an individual who provides out-of- 
hospital emergency medical care, including an emer-
gency medical technician, paramedic, or first re-
sponder. 
(5) The term ‘‘law enforcement officer’’ has the 
same meaning given such term in section 1204(5) of 
the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796b(5)). 
(6) The term ‘‘supervisory employee’’ has the 
meaning given such term under applicable State law 
on the date of enactment of this Act. In the absence 
of such State law on the date of enactment of this 
Act, the term means an individual, employed by a 
public safety employer, who— 
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(A) has the authority in the interest of the 
employer to hire, direct, assign, promote, re-
ward, transfer, furlough, lay off, recall, sus-
pend, discipline, or remove public safety offi-
cers, to adjust their grievances, or to effectively 
recommend such action, if the exercise of the 
authority is not merely routine or clerical in na-
ture but requires the consistent exercise of 
independent judgment; and 
(B) devotes a majority of time at work ex-
ercising such authority. 
(7) The term ‘‘management employee’’ has the 
meaning given such term under applicable State law 
in effect on the date of enactment of this Act. If no 
such State law is in effect, the term means an indi-
vidual employed by a public safety employer in a po-
sition that requires or authorizes the individual to 
formulate, determine, or influence the policies of the 
employer. 
(8) The terms ‘‘employer’’ and ‘‘public safety 
agency’’ mean any State, political subdivision of a 
State, the District of Columbia, or any territory or 
possession of the United States that employs public 
safety officers. 
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(9) The term ‘‘labor organization’’ means an 
organization composed in whole or in part of em-
ployees, in which employees participate, and the pur-
pose of which is to represent such employees before 
public safety agencies concerning grievances, condi-
tions of employment and related matters. 
(10) The term ‘‘substantially provides’’ means 
substantial compliance with the rights and respon-
sibilities described in section 4(b). 
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). 
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(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. 
(b) RIGHTS AND RESPONSIBILITIES.—In making a 
determination described in subsection (a), the Authority 
shall consider whether State law substantially provides 
rights and responsibilities comparable to or greater than 
the following: 
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(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.— 
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