S.Amdt. 4679

SA 4679. Mr. VAN HOLLEN submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. ____. TREATMENT OF HOURS WORKED UNDER A QUALIFIED TRADE-
OF-TIME ARRANGEMENT.

Section 5542 of title 5, United States Code, is amended by
adding at the end the following:
``(h)(1)(A) Notwithstanding any other provision of this
section or section 5545b, any hours worked by a firefighter
under a qualified trade-of-time arrangement shall be
disregarded for purposes of any determination relating to
eligibility for, or the amount of, any overtime pay under
this section, including overtime pay under the Fair Labor
Standards Act in accordance with subsection (c).
``(B) The Director of the Office of Personnel Management--
``(i) shall identify the situations in which a firefighter
shall be deemed to have worked hours actually worked by a
substituting firefighter under a qualified trade-of-time
arrangement; and
``(ii) may adopt necessary policies governing the treatment
of both a substituting and substituted firefighter under a
qualified trade-of-time arrangement, without regard to how
those firefighters would otherwise be treated under other
provisions of law or regulation.
``(2) In this subsection--
``(A) the term `firefighter' means an employee--
``(i) the work schedule of whom includes 24-hour duty
shifts; and
``(ii) who--
``(I) is a firefighter, as defined in section 8331(21) or
8401(14);
``(II) in the case of an employee who holds a supervisory
or administrative position and is subject to subchapter III
of chapter 83, but who does not qualify to be considered a
firefighter within the meaning of section 8331(21), would so
qualify if such employee had transferred directly to such
position after serving as a firefighter within the meaning of
such section;
``(III) in the case of an employee who holds a supervisory
or administrative position and is subject to chapter 84, but
who does not qualify to be considered a firefighter within
the meaning of section 8401(14), would so qualify if such
employee had transferred directly to such position after
performing duties described in section 8401(14)(A) and (B)
for at least 3 years; and
``(IV) in the case of an employee who is not subject to
subchapter III of chapter 83 or chapter 84, holds a position
that the Office of Personnel Management determines would
satisfy subclause (I), (II), or (III) if the employee were
subject to subchapter III of chapter 83 or chapter 84; and
``(B) the term `qualified trade-of-time arrangement' means
an arrangement under which 2 firefighters who are subject to
the supervision of the same fire chief agree, solely at their
option and with the approval of the employing agency, to
substitute for one another during scheduled work hours in the
performance of work in the same capacity.''.
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