II 119THCONGRESS 1 STSESSION S. 636 To provide collective bargaining rights for public safety officers employed by States or their political subdivisions, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY19, 2025 Mr. H ICKENLOOPER(for himself and Ms. HASSAN) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions A BILL To provide collective bargaining rights for public safety offi- cers employed by States or their political subdivisions, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Public Safety Em-4 ployer-Employee Cooperation Act’’. 5 SEC. 2. PURPOSE AND POLICY. 6 Congress declares that the following is the policy of 7 the United States: 8 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 636 IS (1) Labor-management relationships and part-1 nerships are based on trust, mutual respect, open 2 communication, bilateral consensual problem solving, 3 and shared accountability. Labor-management co-4 operation fully uses the strengths of both parties to 5 best serve the interests of the public: operating as a 6 team to carry out the public safety mission in a 7 quality work environment. In many public safety 8 agencies, it is the labor organization that provides 9 the institutional stability as elected leaders and ap-10 pointees come and go. 11 (2) State and local public safety officers play an 12 essential role in the efforts of the United States to 13 detect, prevent, and respond to terrorist attacks and 14 to respond to natural disasters, hazardous materials, 15 and other mass casualty incidents. State and local 16 public safety officers, as first responders, are a com-17 ponent of the National Incident Management Sys-18 tem, developed by the Department of Homeland Se-19 curity to coordinate response to and recovery from 20 terrorism, major natural disasters, and other major 21 emergencies. Public safety employer-employee co-22 operation is essential in meeting these needs and is, 23 therefore, in the national interest. 24 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 636 IS (3) The Federal Government needs to encour-1 age conciliation, mediation, and arbitration to aid 2 and encourage public safety employers and the rep-3 resentatives of their employees to reach and main-4 tain agreements concerning rates of pay, hours, and 5 working conditions and to make all reasonable ef-6 forts through negotiations to settle their differences 7 by mutual agreement reached through collective bar-8 gaining or by such methods as may be provided for 9 in any applicable agreement for the settlement of 10 disputes. 11 (4) The absence of adequate cooperation be-12 tween public safety employers and employees has im-13 plications for the security of employees and can af-14 fect interstate and intrastate commerce. The lack of 15 such labor-management cooperation can detrimen-16 tally impact the upgrading of law enforcement, fire, 17 and emergency medical services of local commu-18 nities, the health and well-being of public safety offi-19 cers, and the morale of law enforcement, fire, and 20 emergency medical service departments. Addition-21 ally, these factors could have significant commercial 22 repercussions. Moreover, providing minimal stand-23 ards for collective bargaining negotiations in the 24 public safety sector can prevent industrial strife be-25 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 636 IS tween labor and management that interferes with 1 the normal flow of commerce. 2 (5) Many States and localities already provide 3 public safety officers with collective bargaining 4 rights comparable to or greater than the rights and 5 responsibilities set forth in this Act, and such State 6 and local laws should be respected. 7 SEC. 3. DEFINITIONS. 8 In this Act: 9 (1) A UTHORITY.—The term ‘‘Authority’’ means 10 the Federal Labor Relations Authority. 11 (2) C ONFIDENTIAL EMPLOYEE .—The term 12 ‘‘confidential employee’’, with respect to the applica-13 tion of this Act in a State— 14 (A) has the meaning given such term (or 15 a substantially equivalent term) under any ap-16 plicable State law of such State on the date of 17 enactment of this Act; or 18 (B) if no such applicable State law is in ef-19 fect in such State, means an individual, em-20 ployed by a public safety employer, who— 21 (i) is designated as confidential; and 22 (ii) is an individual who routinely as-23 sists, in a confidential capacity, any super-24 visory employee or management employee. 25 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 5 •S 636 IS (3) EMERGENCY MEDICAL SERVICES EM -1 PLOYEE.—The term ‘‘emergency medical services 2 employee’’ means an individual who provides out-of- 3 hospital emergency medical care, including an emer-4 gency medical technician, paramedic, or first re-5 sponder. 6 (4) E MPLOY.—The term ‘‘employ’’ has the 7 meaning given the term in section 3 of the Fair 8 Labor Standards Act of 1938 (29 U.S.C. 203). 9 (5) F IREFIGHTER.—The term ‘‘firefighter’’ has 10 the meaning given the term ‘‘employee in fire protec-11 tion activities’’ in section 3 of the Fair Labor Stand-12 ards Act of 1938 (29 U.S.C. 203). 13 (6) L ABOR ORGANIZATION .—The term ‘‘labor 14 organization’’ means an organization of any kind, in 15 which public safety officers participate and which ex-16 ists for the purpose, in whole or in part, of dealing 17 with a public safety employer concerning grievances, 18 conditions of employment, and related matters. 19 (7) L AW ENFORCEMENT OFFICER .—The term 20 ‘‘law enforcement officer’’ has the meaning given 21 such term in section 1204 of the Omnibus Crime 22 Control and Safe Streets Act of 1968 (34 U.S.C. 23 10284). 24 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 6 •S 636 IS (8) MANAGEMENT EMPLOYEE .—The term 1 ‘‘management employee’’, with respect to the appli-2 cation of this Act in a State— 3 (A) has the meaning given such term (or 4 a substantially equivalent term) under any ap-5 plicable State law of such State on the date of 6 enactment of this Act; or 7 (B) if no such applicable State law is in ef-8 fect in such State, means an individual em-9 ployed by a public safety employer in a position 10 that requires or authorizes the individual to for-11 mulate, determine, or influence the policies of 12 the public safety employer. 13 (9) P ERSON.—The term ‘‘person’’ means an in-14 dividual or a labor organization. 15 (10) P UBLIC SAFETY EMPLOYER .— 16 (A) I N GENERAL.—The term ‘‘public safe-17 ty employer’’ means any State, or political sub-18 division of a State, that employs a public safety 19 officer. 20 (B) A PPLICABILITY.—For purposes of this 21 Act, a public safety employer shall be consid-22 ered to be engaged in commerce or in an indus-23 try or activity affecting commerce. 24 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 7 •S 636 IS (11) PUBLIC SAFETY OFFICER .—The term 1 ‘‘public safety officer’’— 2 (A) means an individual employed by a 3 public safety employer who is a law enforcement 4 officer, a firefighter, or an emergency medical 5 services employee; 6 (B) includes an individual who is tempo-7 rarily transferred to a supervisory or manage-8 ment position; and 9 (C) except as provided in subparagraph 10 (B), does not include— 11 (i) a supervisory employee; 12 (ii) a management employee; or 13 (iii) a confidential employee. 14 (12) S TATE.—The term ‘‘State’’ means each of 15 the several States of the United States, the District 16 of Columbia, and any territory or possession of the 17 United States. 18 (13) S UBSTANTIALLY PROVIDES .—The term 19 ‘‘substantially provides’’, when used with respect to 20 the rights and responsibilities described in section 21 4(b), means providing rights and responsibilities 22 that are comparable to or greater than each right 23 and responsibility described in such section. 24 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 8 •S 636 IS (14) SUPERVISORY EMPLOYEE .—The term ‘‘su-1 pervisory employee’’, with respect to the application 2 of this Act in a State— 3 (A) has the meaning given such term (or 4 a substantially equivalent term) under any ap-5 plicable State law of such State on the date of 6 enactment of this Act; or 7 (B) if no such applicable State law is in ef-8 fect in such State, an individual, employed by 9 a public safety employer, who— 10 (i) has the authority in the interest of 11 the public safety employer, if the exercise 12 of such authority is not merely routine or 13 clerical in nature but requires the con-14 sistent exercise of independent judgment, 15 to— 16 (I) hire, direct, assign, promote, 17 reward, transfer, furlough, lay off, re-18 call, suspend, discipline, or remove 19 public safety officers; 20 (II) adjust the grievances of pub-21 lic safety officers; or 22 (III) effectively recommend any 23 action described in subclause (I) or 24 (II); and 25 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 9 •S 636 IS (ii) devotes a majority of time at work 1 to exercising such authority. 2 (15) U NFAIR LABOR PRACTICE .—The term 3 ‘‘unfair labor practice’’ means a practice described 4 in section 7116 of title 5, United States Code, ex-5 cept that, in applying such section— 6 (A) ‘‘public safety officer’’ shall be sub-7 stituted for ‘‘employee’’; 8 (B) ‘‘public safety employer’’ shall be sub-9 stituted for ‘‘agency’’; and 10 (C) ‘‘this Act’’ shall be substituted for 11 ‘‘this chapter’’. 12 SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBIL-13 ITIES. 14 (a) D ETERMINATION.— 15 (1) I N GENERAL.—Not later than 180 days 16 after the date of enactment of this Act (except as 17 provided in paragraph (4)(B)), the Authority shall 18 make a determination for each State as to whether 19 a State substantially provides for each of the rights 20 and responsibilities described in subsection (b). 21 (2) C ONSIDERATION OF ADDITIONAL OPIN -22 IONS.—In making the determination described in 23 paragraph (1), the Authority shall consider the opin-24 ions of affected public safety employers and labor or-25 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 10 •S 636 IS ganizations. In the case where the Authority is noti-1 fied by an affected public safety employer and labor 2 organization that both parties agree that the law ap-3 plicable to such public safety employer and labor or-4 ganization substantially provides for the rights and 5 responsibilities described in subsection (b), the Au-6 thority shall give such agreement weight to the max-7 imum extent practicable in making the Authority’s 8 determination under paragraph (1). 9 (3) L IMITED CRITERIA.—In making the deter-10 mination described in paragraph (1), the Authority 11 shall be limited to the application of the criteria de-12 scribed in subsection (b). 13 (4) S UBSEQUENT DETERMINATIONS .— 14 (A) I N GENERAL.—A determination made 15 pursuant to paragraph (1) shall remain in ef-16 fect unless and until the Authority issues a sub-17 sequent determination, in accordance with the 18 procedures set forth in subparagraph (B). 19 (B) P ROCEDURES FOR SUBSEQUENT DE -20 TERMINATIONS.—A public safety employer or a 21 labor organization may submit to the Authority 22 a written request for a subsequent determina-23 tion with respect to whether a material change 24 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 11 •S 636 IS of State law (or an interpretation of such law) 1 has occurred. 2 (C) I SSUANCE OF SUBSEQUENT DETER -3 MINATION.—If satisfied that a material change 4 in State law or its interpretation has occurred, 5 the Authority shall issue a subsequent deter-6 mination under paragraph (1) not later than 30 7 days after receipt of such request. 8 (5) E XCEPTION.—The Authority shall not make 9 a determination under paragraph (1) that the laws 10 of a State do not substantially provide for each of 11 the rights and responsibilities described in sub-12 section (b) on the basis that relevant State laws— 13 (A) permit an employee to appear on the 14 employee’s own behalf with respect to the em-15 ployee’s employment relations with the public 16 safety employer involved; 17 (B) do not apply to a political subdivision 18 of the State if such political subdivision— 19 (i) has a population of fewer than 20 5,000 individuals; or 21 (ii) employs fewer than 25 full-time 22 employees (excluding any individual elected 23 by popular vote or appointed to serve on a 24 board or commission); or 25 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 12 •S 636 IS (C) do not require bargaining with respect 1 to pension, retirement, or health benefits. 2 (6) J UDICIAL REVIEW.—Any person or public 3 safety employer aggrieved by a determination of the 4 Authority under paragraph (1) may, during the 60- 5 day period beginning on the date on which the deter-6 mination was made, petition any United States 7 Court of Appeals in the circuit in which the person 8 or public safety employer resides or transacts busi-9 ness or in the Court of Appeals for the District of 10 Columbia Circuit, for judicial review. 11 (b) R IGHTS ANDRESPONSIBILITIES.—The rights and 12 responsibilities described under this subsection are the fol-13 lowing: 14 (1) A right of public safety officers to form and 15 join a labor organization— 16 (A) which may exclude any management 17 employee, supervisory employee, or confidential 18 employee, and 19 (B) that is, or seeks to be, recognized as 20 the exclusive bargaining representative of such 21 public safety officers. 22 (2) A requirement that any public safety em-23 ployer— 24 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 13 •S 636 IS (A) recognize the labor organization of its 1 public safety officers (freely chosen by a major-2 ity of the public safety officers); 3 (B) agree to bargain with such labor orga-4 nization; and 5 (C) commit any agreements with such 6 labor organization to writing in a contract or 7 memorandum of understanding. 8 (3) A right of public safety officers to bargain 9 with respect to hours, wages, and terms and condi-10 tions of employment. 11 (4) A right to binding interest arbitration as a 12 mechanism to resolve an impasse in collective bar-13 gaining negotiations. 14 (5) A right to enforcement of all rights, respon-15 sibilities, and protections enumerated in this sub-16 section, and of any written contract or memorandum 17 of understanding between a labor organization and 18 a public safety employer, through— 19 (A) a State administrative agency, if the 20 State so chooses; or 21 (B) any court of competent jurisdiction. 22 (c) C OMPLIANCEWITHREQUIREMENTS.—If the Au-23 thority determines under subsection (a)(1) that a State 24 substantially provides each of the rights and responsibil-25 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 14 •S 636 IS ities described in subsection (b), then subsection (d) shall 1 not apply and this Act shall not preempt the laws of such 2 State. 3 (d) F AILURETOMEETREQUIREMENTS.— 4 (1) I N GENERAL.—If the Authority determines 5 under subsection (a)(1) that a State does not sub-6 stantially provide for the rights and responsibilities 7 described in subsection (b), then such State shall be 8 subject to the regulations and procedures described 9 in section 5 beginning on the later of— 10 (A) the date that is 2 years after the date 11 of enactment of this Act; 12 (B) the date that is the last day of the 13 first regular session of the legislature of the 14 State that begins after the date the Authority 15 makes a determination under subsection (a)(1); 16 or 17 (C) in the case of a State receiving a sub-18 sequent determination under subsection (a)(4), 19 the date that is the last day of the first regular 20 session of the legislature of the State that be-21 gins after the date the Authority made the de-22 termination. 23 (2) P ARTIAL FAILURE.—If the Authority deter-24 mines under subsection (a)(1) that a State does not 25 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 15 •S 636 IS substantially provide for the rights and responsibil-1 ities described in subsection (b) because the State 2 law substantially provides for such rights and re-3 sponsibilities for certain categories of public safety 4 officers covered by this Act but not others, the Au-5 thority shall identify those categories of public safety 6 officers that shall be subject to the regulations and 7 procedures described in section 5, pursuant to sec-8 tion 8(b)(3) and beginning on the appropriate date 9 described in paragraph (1), and those categories of 10 public safety officers that shall remain solely subject 11 to State law with respect to the rights and respon-12 sibilities described in subsection (b). 13 SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY. 14 (a) I NGENERAL.—Not later than 1 year after the 15 date of enactment of this Act, the Authority shall issue 16 regulations, in accordance with the rights and responsibil-17 ities described in section 4(b), establishing collective bar-18 gaining procedures for public safety employers and public 19 safety officers that substantially provide for the minimum 20 standards described in section 4(b) for States described 21 in section 4(d). 22 (b) R OLE OF THEFEDERALLABORRELATIONSAU-23 THORITY.—In carrying out subsection (a), the Authority 24 shall— 25 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 16 •S 636 IS (1) determine the appropriateness of units for 1 labor organization representation; 2 (2) supervise or conduct elections to determine 3 whether a labor organization has been chosen as an 4 exclusive representative by a voting majority of the 5 public safety officers in an appropriate unit; 6 (3) resolve issues relating to the duty to bar-7 gain in good faith; 8 (4) conduct hearings and resolve complaints of 9 unfair labor practices; 10 (5) resolve exceptions to the awards of arbitra-11 tors; 12 (6) protect the right of each employee to form, 13 join, or assist any labor organization or to refrain 14 from any such activity, freely and without fear of 15 penalty or reprisal, and protect each employee in the 16 exercise of such right; and 17 (7) take such other actions as are necessary 18 and appropriate to effectively administer this Act, 19 including issuing subpoenas requiring the attendance 20 and testimony of witnesses and the production of 21 documentary or other evidence from any place in the 22 United States, and administering oaths, taking or 23 ordering the taking of depositions, ordering re-24 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 17 •S 636 IS sponses to written interrogatories, and receiving and 1 examining witnesses. 2 (c) E NFORCEMENT.— 3 (1) A UTHORITY TO PETITION COURT .—The Au-4 thority may petition any United States Court of Ap-5 peals with jurisdiction over the parties, or the 6 United States Court of Appeals for the District of 7 Columbia Circuit, to enforce any final orders under 8 this section, and for appropriate temporary relief or 9 a restraining order. 10 (2) P RIVATE RIGHT OF ACTION .—Unless the 11 Authority has filed a petition for enforcement as 12 provided in paragraph (1) and except as provided in 13 section 8(b)(4) with respect to States, any party 14 may file suit in any appropriate district court of the 15 United States to enforce compliance with the regula-16 tions issued by the Authority pursuant to this sec-17 tion, or to enforce compliance with any order issued 18 by the Authority pursuant to this section. 19 SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. 20 (a) I NGENERAL.—Subject to subsection (b), a public 21 safety employer, public safety officer, or labor organization 22 may not engage in a lockout, sickout, work slowdown, 23 strike, or any other organized job action that will measur-24 ably disrupt the delivery of emergency services and is de-25 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 18 •S 636 IS signed to compel a public safety employer, public safety 1 officer, or labor organization to agree to the terms of a 2 proposed contract. 3 (b) N OPREEMPTION.—Nothing in this section shall 4 be construed to preempt any law of any State or political 5 subdivision of any State with respect to strikes by public 6 safety officers. 7 SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND 8 AGREEMENTS. 9 The enactment of this Act shall not invalidate any 10 certification, recognition, result of an election, collective 11 bargaining agreement, or memorandum of understanding 12 that has been issued, approved, or ratified by any public 13 employee relations board or commission or by any State 14 or political subdivision or its agents and is in effect on 15 the day before the date of enactment of this Act. 16 SEC. 8. CONSTRUCTION AND COMPLIANCE. 17 (a) C ONSTRUCTION.—Nothing in this Act shall be 18 construed— 19 (1) to preempt or limit the remedies, rights, 20 and procedures of any law of any State or political 21 subdivision of any State that provides comparable or 22 greater rights and responsibilities than the rights 23 and responsibilities described in section 4(b); or 24 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 19 •S 636 IS (2) to prevent a State from enforcing any law 1 that prohibits public safety employers and labor or-2 ganizations from negotiating provisions in a labor 3 agreement that require labor organization member-4 ship or payment of labor organization fees as a con-5 dition of employment. 6 (b) C OMPLIANCE.— 7 (1) A CTIONS OF STATES.—Nothing in this Act 8 or the regulations promulgated under this Act shall 9 be construed to require a State to rescind or pre-10 empt the laws or ordinances of any of the State’s 11 political subdivisions if such laws provide rights and 12 responsibilities for public safety officers that are 13 comparable to or greater than the rights and respon-14 sibilities described in section 4(b). 15 (2) A CTIONS OF THE AUTHORITY .—Nothing in 16 this Act or the regulations promulgated under this 17 Act shall be construed to preempt— 18 (A) the laws or ordinances of any State or 19 political subdivision of a State, if such laws pro-20 vide collective bargaining rights for public safe-21 ty officers that are comparable to or greater 22 than the rights enumerated in section 4(b); 23 (B) the laws or ordinances of any State or 24 political subdivision of a State that provide for 25 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 20 •S 636 IS the rights and responsibilities described in sec-1 tion 4(b) with respect to certain categories of 2 public safety officers covered by this Act solely 3 because such rights and responsibilities have 4 not been extended to other categories of public 5 safety officers covered by this Act; or 6 (C) the laws or ordinances of any State or 7 political subdivision of a State that provide for 8 the rights and responsibilities described in sec-9 tion 4(b), solely because such laws or ordi-10 nances provide that a contract or memorandum 11 of understanding between a public safety em-12 ployer and a labor organization must be pre-13 sented to a legislative body as part of the proc-14 ess for approving such contract or memo-15 randum of understanding. 16 (3) L IMITED ENFORCEMENT POWER .—In the 17 case of a law described in paragraph (2)(B), the Au-18 thority shall only exercise the powers provided in 19 section 5 with respect to those categories of public 20 safety officers who have not been afforded the rights 21 and responsibilities described in section 4(b). 22 (4) E XCLUSIVE ENFORCEMENT PROVISION .— 23 Notwithstanding any other provision of the Act, and 24 in the absence of a waiver of a State’s sovereign im-25 VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS 21 •S 636 IS munity, the Authority shall have the exclusive power 1 to enforce the provisions of this Act with respect to 2 employees of a State. 3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 4 There are authorized to be appropriated such sums 5 as may be necessary to carry out this Act. 6 Æ VerDate Sep 11 2014 00:50 Mar 08, 2025 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6301 E:\BILLS\S636.IS S636 ssavage on LAPJG3WLY3PROD with BILLS