The "Shutdown Fairness Act" aims to guarantee that Federal employees, contract employees, and members of the Armed Forces receive their standard compensation during periods of government shutdown. It automatically appropriates necessary funds for agencies to provide pay and allowances to these individuals for fiscal year 2026 and any subsequent fiscal year experiencing a lapse in regular appropriations. The bill defines covered employees broadly to include all agency employees (whether excepted or furloughed), individual contractors, and active duty or reserve members of the Armed Forces, provided they were employed or enlisted before the shutdown began. Similarly, covered contract employees are those working for agency contractors who support covered agency employees and are required to perform work during a lapse. Agencies are mandated to provide standard employee compensation on regularly scheduled pay dates for future lapses. For the period beginning October 1, 2025, until the Act's enactment, payments must be made as soon as practicable, but no later than seven days after enactment. These funds are explicitly designated for compensation and cannot be transferred or used for any other purpose. The appropriations terminate once full-year appropriations for the agency are enacted. Importantly, covered employees and contract employees are expected to perform their typical duties to the maximum extent practicable during a lapse in appropriations. The Act is designed to ensure continuous pay for affected personnel, taking effect retroactively as if enacted on September 30, 2025.
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Introduced in Senate
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 267.
Economics and Public Finance
Shutdown Fairness Act
USA119th CongressS-3168| Senate
| Updated: 11/10/2025
The "Shutdown Fairness Act" aims to guarantee that Federal employees, contract employees, and members of the Armed Forces receive their standard compensation during periods of government shutdown. It automatically appropriates necessary funds for agencies to provide pay and allowances to these individuals for fiscal year 2026 and any subsequent fiscal year experiencing a lapse in regular appropriations. The bill defines covered employees broadly to include all agency employees (whether excepted or furloughed), individual contractors, and active duty or reserve members of the Armed Forces, provided they were employed or enlisted before the shutdown began. Similarly, covered contract employees are those working for agency contractors who support covered agency employees and are required to perform work during a lapse. Agencies are mandated to provide standard employee compensation on regularly scheduled pay dates for future lapses. For the period beginning October 1, 2025, until the Act's enactment, payments must be made as soon as practicable, but no later than seven days after enactment. These funds are explicitly designated for compensation and cannot be transferred or used for any other purpose. The appropriations terminate once full-year appropriations for the agency are enacted. Importantly, covered employees and contract employees are expected to perform their typical duties to the maximum extent practicable during a lapse in appropriations. The Act is designed to ensure continuous pay for affected personnel, taking effect retroactively as if enacted on September 30, 2025.