SA 3838. Mr. ENZI submitted an amendment intended to be proposed to amendment SA 3830 proposed by Mr. HARKIN (for himself, Mr. KENNEDY, and Mr. GREGG) to the amendment SA 3500 proposed by Mr. HARKIN (for himself, Mr. CHAMBLISS, Mr. BAUCUS, and Mr. GRASSLEY) to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

In section __8(b) of the amendment, insert before paragraph (1) the following and redesignate accordingly:

(1) HARMONIZING WITH FEDERAL LAW.--
(A) EXEMPTION.--Notwithstanding any other provision of this subtitle, a governor or the legislative body of a State, or a mayor or other chief executive officer or authority or the legislative body of a political subdivision, may exempt from the requirements established under this subtitle or otherwise any group of public safety officers whose job function is similar to the job function performed by any group of Federal employees that is excluded from collective bargaining under Federal
law or an Executive order.
(B) TREATMENT OF CERTAIN EMPLOYEES.--Notwithstanding any provision of State law, supervisory, managerial, and confidential employees employed by public safety employers shall be treated in the same manner for purposes of collective-bargaining as individuals employed in the same capacity by any employer covered under the provisions of the National Labor Relations Act (29 U.S.C. 151 et seq.).
(C) RULE OF CONSTRUCTION.--Notwithstanding any provision of this subtitle, nothing in this subtitle shall be construed to require mandatory bargaining except to the extent, and with regard to the subjects, that mandatory bargaining is required between the Federal Government and any of its public safety employees.


(As printed in the Congressional Record for the Senate on Dec 12, 2007.)