Title: Federal Firefighter Flexibility and Fairness Act
Policy area: Government Operations and Politics

Summary:
Federal Firefighter Flexibility and Fairness Act
This bill provides that any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of determining eligibility for, or the amount of, any overtime pay. The bill defines qualified trade-of-time arrangement as an arrangement under which two 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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 838 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 838

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2021

 Mr. Van Hollen (for himself, Mr. Tester, Ms. Collins, and Mr. Carper) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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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