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[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Tax Relief Certainty Act of 2011''.

TITLE I--PERMANENT TAX RELIEF

SEC. 101. REPEAL OF EGTRRA SUNSET.

Section 901 of the Economic Growth and Tax Relief Reconciliation
Act of 2001 is repealed.

SEC. 102. REPEAL OF JGTRRA SUNSET.

Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of
2003 is repealed.

SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS.

The Secretary of the Treasury or the Secretary's delegate shall,
not later than 90 days after the date of the enactment of this Act,
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a draft of
any technical and conforming changes in the Internal Revenue Code of
1986 which are necessary to reflect throughout such Code the purposes
of the provisions of, and amendments made by, this Act.

TITLE II--PERMANENT INDIVIDUAL AMT RELIEF

SEC. 201. PERMANENT INDIVIDUAL AMT RELIEF.

(a) Modification of Alternative Minimum Tax Exemption Amount.--
(1) In general.--Paragraph (1) of section 55(d) of the
Internal Revenue Code of 1986 (relating to exemption amount) is
amended to read as follows:
''(1) Exemption amount for taxpayers other than
corporations.--In the case of a taxpayer other than a
corporation, the term 'exemption amount' means--
''(A) the dollar amount for taxable years beginning
in the calendar year as specified in the table
contained in paragraph (4)(A) in the case of--
''(i) a joint return, or
''(ii) a surviving spouse,
''(B) the dollar amount for taxable years beginning
in the calendar year as specified in the table
contained in paragraph (4)(B) in the case of an
individual who--
''(i) is not a married individual, and
''(ii) is not a surviving spouse,
''(C) 50 percent of the dollar amount applicable
under paragraph (1)(A) in the case of a married
individual who files a separate return, and
''(D) $22,500 in the case of an estate or trust.
For purposes of this paragraph, the term 'surviving spouse' has
the meaning given to such term by section 2(a), and marital
status shall be determined under section 7703.''.
(2) Specified exemption amounts.--Section 55(d) of such
Code is amended by adding at the end the following new
paragraph:
''(4) Specified exemption amounts.--
''(A) Taxpayers described in paragraph (1)(A).--For
purposes of paragraph (1))(A)--

------------------------------------------------------------------------
The
''For taxable years beginning in-- exemption
amount is:
------------------------------------------------------------------------
2011....................................................... $74,450
2012....................................................... $78,250
2013....................................................... $81,450
2014....................................................... $85,050
2015....................................................... $88,650
2016....................................................... $92,650
2017....................................................... $96,550
2018....................................................... $100,950
2019....................................................... $105,150
2020....................................................... $109,950
2021....................................................... $112,250.
------------------------------------------------------------------------

''(B) Taxpayers described in paragraph (1)(B).--For
purposes of paragraph (1))(B)--

------------------------------------------------------------------------
The
''For taxable years beginning in-- exemption
amount is:
------------------------------------------------------------------------
2011....................................................... $48,450
2012....................................................... $50,350
2013....................................................... $51,950
2014....................................................... $53,750
2015....................................................... $55,550
2016....................................................... $57,550
2017....................................................... $59,500
2018....................................................... $61,700
2019....................................................... $63,800
2020....................................................... $66,200
2021....................................................... $68,200.''.
------------------------------------------------------------------------

(b) Alternative Minimum Tax Relief for Nonrefundable Credits.--
(1) In general.--Subsection (a) of section 26 of the
Internal Revenue Code of 1986 is amended to read as follows:
''(a) Limitation Based on Amount of Tax.--The aggregate amount of
credits allowed by this subpart for the taxable year shall not exceed
the sum of--
''(1) the taxpayer's regular tax liability for the taxable
year reduced by the foreign tax credit allowable under section
27(a), and
''(2) the tax imposed by section 55(a) for the taxable
year.''.
(2) Conforming amendments.--
(A) Child tax credit.--
(i) Section 24(b) of such Code is amended
by striking paragraph (3).
(ii) Section 24(d)(1) of such Code is
amended--
(I) by striking ''section 26(a)(2)
or subsection (b)(3), as the case may
be,'' each place it appears in
subparagraphs (A) and (B) and inserting
''section 26(a)'', and
(II) by striking ''section 26(a)(2)
or subsection (b)(3), as the case may
be'' in the second last sentence and
inserting ''section 26(a)''.
(B) Credit for interest on certain home
mortgages.--Section 25(e)(1)(C) of such Code is amended
to read as follows:
''(C) Applicable tax limit.--For purposes of this
paragraph, the term 'applicable tax limit' means the
limitation imposed by section 26(a) for the taxable
year reduced by the sum of the credits allowable under
this subpart (other than this section and sections 23,
25D, and 1400C).''.
(C) Savers' credit.--Section 25B of such Code is
amended by striking subsection (g).
(D) Residential energy efficient property.--Section
25D(c) of such Code is amended to read as follows:
''(c) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under
subsection (a) for such succeeding taxable year.''.
(E) Certain plug-in electric vehicles.--Section
30(c)(2) of such Code is amended to read as follows:
''(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(F) Alternative motor vehicle credit.--Section
30B(g)(2) of such Code is amended to read as follows:
''(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(G) New qualified plug-in electric vehicle
credit.--Section 30D(c)(2) of such Code is amended to
read as follows:
''(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(H) Cross references.--Section 55(c)(3) of such
Code is amended by striking ''26(a), 30C(d)(2),'' and
inserting ''30C(d)(2)''.
(I) Foreign tax credit.--Section 904 of such Code
is amended by striking subsection (i) and by
redesignating subsections (j), (k), and (l) as
subsections (i), (j), and (k), respectively.
(J) First-time home buyer credit for the district
of columbia.--Section 1400C(d) of such Code is amended
to read as follows:
''(d) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under subpart
A of part IV of subchapter A (other than this section and section 25D),
such excess shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such taxable year.''.
(3) Adoption credit.--
(A) In general.--Section 10909 of the Patient
Protection and Affordable Care Act, and the amendments
made thereby, are repealed; and the Internal Revenue
Code of 1986 shall be applied as if such section, and
amendments, had never been enacted.
(B) Conforming amendments.--
(i) Section 23(b) of the Internal Revenue
Code of 1986, as in effect on December 31,
2009, is amended by striking paragraph (4).
(ii) Section 23(c) of such Code, as in
effect on December 31, 2009, is amended by
striking paragraphs (1) and (2) and inserting
before paragraph (3) the following:
''(1) In general.--If the credit allowable under subsection
(a) for any taxable year exceeds the limitation imposed by
section 26(a) for such taxable year, reduced by the sum of the
credits allowable under this subpart (other than this section
and sections 25D and 1400C), such excess shall be carried to
the succeeding taxable year and added to the credit allowable
under subsection (a) for such taxable year.''.
(iii) Section 23(c) of such Code, as in
effect on December 31, 2009, is amended by
redesignating paragraph (3) as paragraph (2).
(c) Effective Date.--The amendments and the repeal made by this
section shall apply to taxable years beginning after December 31, 2010.

TITLE III--PERMANENT ESTATE TAX RELIEF

SEC. 301. PERMANENT ESTATE TAX RELIEF.

(a) In General.--Title III of the Tax Relief, Unemployment
Insurance Reauthorization, and Job Creation Act of 2010, and the
amendments made thereby, are repealed; and the Internal Revenue Code of
1986 shall be applied as if such title, and amendments, had never been
enacted.
(b) Effective Date.--The repeal made by this section shall apply to
estates of decedents dying, gifts made, and generation skipping
transfers after December 31, 2009.
[A]: Tax Relief Certainty Act of 2011 - Eliminates: (1) the terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2001, thus making the tax relief provisions of such Act permanent; and (2) the terminating date of the Jobs and Growth Tax Relief Reconciliation Act of 2003 applicable to reductions in the tax rate for dividend and capital gain income.

Amends the Internal Revenue Code to: (1) phase-in between 2011 through 2021increases in the exemption amount for the alternative minimum tax (AMT); and (2) make permanent offsets against the AMT for certain nonrefundable tax credits.

Makes permanent the repeal of the estate, gift, and generation-skipping transfer taxes for decedents dying, gifts made, and generation skipping transfers after December 31, 2009.

[Q]: SECTION 1. AMENDMENT OF VOTING ACCESSIBILITY FOR THE ELDERLY AND
HANDICAPPED ACT.

(a) Purpose.--Section 2 of the Voting Accessibility for the Elderly
and Handicapped Act (42 U.S.C. 1973ee) is amended by--
(1) striking ''It'' and inserting ''(a) It''; and
(2) adding at the end the following:
''(b) It is the intention of Congress in enacting this Act to
ensure that--
''(1) no individual may be denied the right to vote in a
Federal election on the basis of being disabled; and
''(2) every voter has the right to vote independently in a
Federal election.''.
(b) Accessibility of Polling Places.--Section 3 of the Voting
Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-1)
is amended--
(1) in subsection (a), by striking ''each political
subdivision'' and all that follows through ''conducting
elections'' and inserting ''the chief election officer of the
State'';
(2) by striking subsection (b) and inserting the following:
''(b) Subsection (a) shall not apply to a polling place in the case
of any unforeseeable natural disaster such as a fire, storm,
earthquake, or flood.''; and
(3) by striking subsection (c) and inserting the following:
''(c) The chief election officer of a State shall ensure that all
polling methods selected and used for Federal elections are accessible
to disabled and elderly voters, including--
''(1) the provision of ballots in a variety of accessible
media;
''(2) the provision of instructions that are printed in
large type, conspicuously displayed at each polling place;
''(3) the provision of printed information that is
generally available to other voters using a variety of
accessible media; and
''(4) ensuring that all polling methods used enable
disabled and elderly voters to cast votes at polling places
during times and under conditions of privacy available to other
voters.''.
(c) Accessibility of Registration Facilities and Services.--Section
5(a) of the Voting Accessibility for the Elderly and Handicapped Act
(42 U.S.C. 1973ee-3(a)) is amended--
(1) in paragraph (1), by striking ''and'' at the end; and
(2) by striking paragraph (2) and inserting the following:
''(2) registration information by telecommunications
devices for the deaf and in a variety of accessible media; and
''(3) accessible registration procedures to allow each
eligible voter to register at the residence of the voter, by
mail, or by other means.''.
(d) Enforcement.--Section 6 of the Voting Accessibility for the
Elderly and Handicapped Act (42 U.S.C. 1973ee-4) is amended--
(1) in subsection (b), by striking ''45'' and inserting
''21''; and
(2) by striking subsection (c) and inserting the following:
''(c) In an action brought under subsection (a), the State or
political subdivision shall be fined an amount--
''(1) not to exceed $5,000 for the first violation of such
section; and
''(2) not to exceed $10,000 for each subsequent
violation.''.
(e) Relationship With Other Laws.--Section 7 of the Voting
Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-5)
is amended--
(1) in the heading, by striking ''voting rights act of
1965'' and inserting ''other laws;
(2) by striking ''This'' and inserting ''(a) This''; and
(3) by adding at the end the following:
''(b) Nothing in this Act shall be construed to invalidate or limit
the laws of any State or political subdivision that provide greater or
equal access to registration or polling for disabled and elderly
voters.''.
(f) Definitions.--Section 8 of the Voting Accessibility for the
Elderly and Handicapped Act (42 U.S.C. 1973ee-6) is amended--
(1) in paragraph (1), by striking ''chief election''
through ''involved'' and inserting ''Access Board'';
(2) in paragraph (4), by striking ''permanent physical
disability; and'' and inserting ''permanent disability;'';
(3) in paragraph (5), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
''(6) 'Access Board' means the Architectural and
Transportation Barriers Compliance Board established under
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792);
''(7) 'chief election officer' means the State officer or
entity, designated by State law or established by practice,
responsible for elections within the State;
''(8) 'independently' means without the assistance of
another individual; and
''(9) 'media' includes formats using large type, braille,
sound recording, or digital text.''.
(g) References.--
(1) In general.--The Voting Accessibility for the Elderly
and Handicapped Act (42 U.S.C. 1973ee et seq.) is amended by
striking ''handicapped'' each place it appears and inserting
''disabled''.
(2) References in other laws.--Except where inappropriate,
any reference to ''handicapped'' in relation to the Voting
Accessibility for the Elderly and Handicapped Act (42 U.S.C.
1973ee et seq.) in any law, Executive Order, rule, or other
document shall include a reference to ''disabled''.
(h) Conforming Amendment.--Section 502(b)(3) of the Rehabilitation
Act of 1973 (29 U.S.C. 792(b)(3)) is amended by inserting before the
semicolon ''and section 3 of the Voting Accessibility for the Elderly
and Handicapped Act (42 U.S.C. 1973ee-1)''.

SEC. 2. REGULATIONS.

(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Attorney General shall promulgate regulations
implementing this Act. Such regulations shall be consistent with the
minimum guidelines established by the Access Board.
(b) Access Board Guidelines.--Not later than 9 months after the
date of enactment of this Act, the Access Board shall issue minimum
guidelines relating to the requirements in the amendments made by
section 1(b) of this Act.
(c) Definition.--In this section, the term ''Access Board'' means
the Architectural and Transportation Barriers Compliance Board.

SEC. 3. TRANSITION PLAN.

(a) In General.--Not later than 3 months after the date on which
regulations are promulgated under section 2(a), the chief election
officer of each State shall develop a transition plan to ensure that
polling places in the State are in compliance with the requirements of
the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C.
1973ee et seq.), as amended by this Act.
(b) Coordination With Local Election Officials.--The plan under
subsection (a) shall be developed in coordination with--
(1) local election officials; and
(2) individuals with disabilities or organizations
representing individuals with disabilities.
(c) Contents and Availability of Plan.--The plan under subsection
(a) shall--
(1) include specific recommendations necessary to comply
with the requirements of the Voting Accessibility for the
Elderly and Handicapped Act; and
(2) be available for public inspection in such manner as
the chief election officer determines appropriate.

SEC. 4. EFFECTIVE DATE.

The amendments made by section 1 of this Act shall apply beginning
on the earliest of--
(1) the date that is 6 months after the date on which
regulations are promulgated under section 2(a); or
(2) the date of the first Federal election taking place in
the State after December 31, 2000.
[A]: Makes amendments to such Act regarding the accessibility of polling places and registration facilities and services, enforcement, and the relationship of such Act with other laws (providing that nothing in this Act shall be construed to invalidate or limit the laws of any State or political subdivision that provide greater or equal access to registration or polling for disabled and elderly voters). Includes among such amendments providing for ensuring that all polling methods selected and used for Federal elections are accessible to disabled and elderly voters and that accessible registration procedures allow eligible voters to register at home, by mail, or by other means are in place.
Revises definitions, including adding the term "Access Board," the Architectural and Transportation Barriers Compliance Board established under the Rehabilitation Act of 1973. Directs such Board to issue minimum guidelines relating to requirements pertaining to the accessibility of polling places.
Replaces all references in such Act to "handicapped" with "disabled" and with regard to such references in other laws, Executive Orders, or rules, in relation to such Act except where inappropriate.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Public Safety Employer-Employee
Cooperation Act of 2003''.

SEC. 2. DECLARATION OF PURPOSE AND POLICY.

The Congress declares that the following is the policy of the
United States:
(1) Labor-management relationships and partnerships are
based on trust, mutual respect, open communication, bilateral
consensual problem solving, and shared accountability. Labor-
management cooperation fully utilizes the strengths of both
parties to best serve the interests of the public, operating as
a team, to carry out the public safety mission in a quality
work environment. In many public safety agencies it is the
union that provides the institutional stability as elected
leaders and appointees come and go.
(2) The Federal Government needs to encourage conciliation,
mediation, and voluntary arbitration to aid and encourage
employers and their employees to reach and maintain agreements
concerning rates of pay, hours, and working conditions, and to
make all reasonable efforts through negotiations to settle
their differences by mutual agreement reached through
collective bargaining or by such methods as may be provided for
in any applicable agreement for the settlement of disputes.
(3) The absence of adequate cooperation between public
safety employers and employees has implications for the
security of employees and can affect interstate and intrastate
commerce. The lack of such labor-management cooperation can
detrimentally impact the upgrading of police and fire services
of local communities, the health and well-being of public
safety officers, and the morale of the fire and police
departments. Additionally, these factors could have significant
commercial repercussions. Moreover, providing minimal standards
for collective bargaining negotiations in the public safety
sector can prevent industrial strife between labor and
management that interferes with the normal flow of commerce.

SEC. 3. DEFINITIONS.

In this Act:
(1) Authority.--The term ''Authority'' means the Federal
Labor Relations Authority.
(2) Emergency medical services personnel.--The term
''emergency medical services personnel'' means an individual
who provides out-of-hospital emergency medical care, including
an emergency medical technician, paramedic, or first responder.
(3) Employer; public safety agency.--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.
(4) Firefighter.--The term ''firefighter'' has the meaning
given the term ''employee engaged in fire protection
activities'' in section 3(y) of the Fair Labor Standards Act
(29 U.S.C. 203(y)).
(5) Labor organization.--The term ''labor organization''
means an organization composed in whole or in part of
employees, in which employees participate, and which represents
such employees before public safety agencies concerning
grievances, conditions of employment and related matters.
(6) Law enforcement officer.--The term ''law enforcement
officer'' has the 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)).
(7) Management employee.--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 individual employed by a
public safety employer in a position that requires or
authorizes the individual to formulate, determine, or influence
the policies of the employer.
(8) Public safety officer.--The term ''public safety
officer''--
(A) means an employee of a public safety agency who
is a law enforcement officer, a firefighter, or an
emergency medical services personnel;
(B) includes an individual who is temporarily
transferred to a supervisory or management position;
and
(C) does not include a permanent supervisory or
management employee.
(9) Substantially provides.--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 arbitration, mediation, or fact finding.
(10) Supervisory employee.--The term ''supervisory
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 individual, employed by
a public safety employer, who--
(A) has the authority in the interest of the
employer to hire, direct, assign, promote, reward,
transfer, furlough, lay off, recall, suspend,
discipline, or remove public safety officers, to adjust
their grievances, or to effectively recommend such
action, if the exercise of the authority is not merely
routine or clerical in nature but requires the
consistent exercise of independent judgment; and
(B) devotes a majority of time at work exercising
such authority.

SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.

(a) Determination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Authority shall make a determination
as to whether a State substantially provides for the rights and
responsibilities described in subsection (b). In making such
determinations, the Authority shall consider and give weight,
to the maximum extent practicable, to the opinion of affected
parties.
(2) Subsequent determinations.--
(A) In general.--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) Procedures for subsequent determinations.--Upon
establishing that a material change in State law or its
interpretation has occurred, an employer or a labor
organization may submit a written request for a
subsequent determination. If satisfied that a material
change in State law or its interpretation has occurred,
the Director shall issue a subsequent determination not
later than 30 days after receipt of such request.
(3) Judicial review.--Any State, political subdivision of a
State, or person aggrieved by a determination of the Authority
under this section 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 the District of
Columbia circuit, for judicial review. In any judicial review
of a determination by the Authority, the procedures contained
in subsections (c) and (d) of section 7123 of title 5, United
States Code, shall be followed, except that any final
determination of the Authority with respect to questions of
fact or law shall be found to be conclusive unless the court
determines 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 responsibilities comparable to or greater than
the following:
(1) Granting public safety officers the right to form and
join a labor organization, which may exclude management and
supervisory employees, that is, or seeks to be, recognized as
the exclusive bargaining representative of such employees.
(2) Requiring public safety employers to recognize 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, arbitration or comparable
procedures.
(5) Requiring enforcement through State courts of--
(A) all rights, responsibilities, and protections
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 subsection (b), such State shall
be subject to the regulations 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 FEDERAL LABOR RELATIONS AUTHORITY.

(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Authority shall issue regulations in accordance with
the rights and responsibilities described in section 4(b) establishing
collective bargaining procedures 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 Authority.--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 employees in an appropriate
unit;
(3) resolve issues relating to the duty to bargain in good
faith;
(4) conduct hearings and resolve complaints of unfair labor
practices;
(5) resolve exceptions to the awards of arbitrators;
(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
responses to written interrogatories, and receiving and
examining witnesses.
(c) Enforcement.--
(1) Authority to petition court.--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 temporary relief or a
restraining order. Any petition under this section shall be
conducted in accordance with subsections (c) and (d) of section
7123 of title 5, United States Code, except that any final
order of the Authority with respect to questions of fact or law
shall be found to be conclusive unless the court determines
that the Authority's decision was arbitrary and capricious.
(2) Private right of action.--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
competent jurisdiction to enforce compliance with the
regulations issued by the Authority pursuant to subsection (b),
and to enforce compliance with any order issued by the
Authority pursuant to this section. 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
terminate 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 organization may not
engage in a lockout, sickout, work slowdown, or strike or engage in any
other action that is designed to compel an employer, officer, or labor
organization to agree to the terms of a proposed contract and that will
measurably disrupt the delivery of emergency services, except that it
shall not be a violation of this section for an employer, officer, or
labor organization to refuse to provide services not required by the
terms and conditions of an existing contract.

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 officials) 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 collective bargaining
rights for public safety officers that are equal to or greater
than the rights provided under this Act;
(2) to prevent a State from enforcing a right-to-work law
that prohibits employers and labor organizations from
negotiating provisions in a labor agreement 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 provides for the
rights and responsibilities described in section 4(b) solely
because such State law permits an employee to appear on his or
her own behalf with respect to his or her employment relations
with the public safety agency involved; or
(4) to permit parties subject to the National Labor
Relations Act (29 U.S.C. 151 et seq.) and the regulations under
such Act to negotiate provisions that would prohibit an
employee from engaging in part-time employment or volunteer
activities during 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 ''employee'' includes each and
every individual employed by the political subdivision except any
individual elected by popular vote or appointed to serve on a board or
commission.
(b) Compliance.--No State shall preempt laws or ordinances of any
of its political subdivisions if such laws provide collective
bargaining rights for public safety officers that are equal 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.
[A]:
Public Safety Employer-Employee Cooperation Act of 2003 - Provides collective bargaining rights for public safety officers employed by States or local governments.

(Sec. 2) Sets forth a declaration of U.S. policy regarding the need for: (1) labor-management cooperation in public safety agencies; (2) encouraging conciliation, mediation, and voluntary arbitration to help public safety employers and employees reach and maintain agreements concerning pay rates, hours, and working conditions, and to negotiate to settle differences by mutual agreement reached though collective bargaining or other methods provided in an agreement for dispute settlement; and (3) providing minimal standards for collective bargaining negotiations in the public safety sector.

(Sec. 4) Directs the Federal Labor Relations Authority (FLRA) to determine whether State law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization. (Sec. 5) Requires the FLRA to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that do not substantially provide for such public safety employee rights and responsibilities. Directs the FLRA, in such cases, to: (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 employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such FLRA regulations and authority through appropriate State courts. (Sec. 6) Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes, or sick-outs, work slowdowns, or other actions designed to compel agreement to a proposed contract which will measurably disrupt the delivery of emergency services. (Sec. 7) Provides that existing collective bargaining units and agreements shall not be invalidated by this Act. (Sec. 8) Provides that nothing in this Act shall be construed to: (1) invalidate or limit the remedies, rights, and procedures of any State or local law that provides collective bargaining rights for public safety officers that are equal to or greater than the rights provided under this Act; (2) prevent a State from enforcing a right-to-work law that prohibits employers and labor organizations from negotiating provisions in a labor agreement that require union membership or payment of union fees as a condition of employment; (3) invalidate any State law in effect on the date of enactment of this Act that substantially provides for the rights and responsibilities specified by this Act solely because such State law permits employees to appear on their own behalf with respect to their employment relations with the public safety agency involved; (4) permit parties subject to the National Labor Relations Act and its regulations to negotiate provisions that would prohibit an employee from engaging in part-time employment or volunteer activities during off-duty hours; or (5) prohibit a State from exempting from coverage under this Act a local government that serves a population of less than 5,000 or that employs less than 25 full-time employees (not including individuals elected by popular vote or appointed to serve on a board or commission). Prohibits any State from preempting local government laws or ordinances that provide collective bargaining rights for public safety officers that are equal to or greater than the rights provided under this Act. (Sec. 9) Authorizes appropriations.