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H.R. 2059House117th Congress (2021-2023)In Committee

Federal Firefighter Flexibility and Fairness Act

Sponsored by John P. SarbanesRep. John P. Sarbanes (D-MD)
Introduced March 18, 2021

AI-Generated Summary

Updated February 8, 2026 at 12:44 AM UTC

The Federal Firefighter Flexibility and Fairness Act changes how overtime is calculated for federal firefighters. It says that any hours a firefighter works under a qualified trade‑of‑time swap with another firefighter will not count toward overtime eligibility or pay. The rule applies to federal firefighters and the agencies that employ them.

Key Provisions

  • Adds a new provision stating that hours worked under a qualified trade‑of‑time arrangement are excluded from overtime eligibility and amount calculations.
  • Defines a "qualified trade‑of‑time arrangement" as two firefighters in the same agency swapping scheduled work hours with agency approval, performed in the same capacity.
  • Clarifies that "firefighter" refers to the definition already provided in existing law (section 8331(21) or 8401(14)).

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on Oversight and Reform.

Oversight and Government Reform Committee

March 18, 2021

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HouseIntro Referral

Introduced in House

March 18, 2021

HouseIntro Referral

Referred to the House Committee on Oversight and Reform.

Oversight and Government Reform Committee

March 18, 2021

Bill Text

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Introduced in HouseIssued March 18, 2021

I

117th CONGRESS

1st Session

H. R. 2059

IN THE HOUSE OF REPRESENTATIVES

March 18, 2021

Mr. Sarbanes introduced the following bill; which was referred to the Committee on Oversight and Reform

A BILL

To amend section 5542 of title 5, United States Code, to provide that any hours worked by Federal firefighters under a qualified trade-of-time arrangement shall be excluded for purposes of determinations relating to overtime pay.

1.

Short title

This Act may be cited as the Federal Firefighter Flexibility and Fairness Act.

2.

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)

Notwithstanding any other provision of this section, 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.

(2)

For purposes of this subsection—

(A)

the term qualified trade-of-time arrangement means an arrangement under which 2 firefighters who are employed by the same agency agree, solely at their option and with the approval of their employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity; and

(B)

the term firefighter means a firefighter as defined by section 8331(21) or 8401(14).

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