HR5801-119

What This Bill Does

The Shutdown Fairness Act creates automatic funding for people required to work during a lapse in appropriations. Starting with fiscal year 2026, when an agency lacks interim or full-year appropriations, the bill appropriates whatever sums are necessary for the agency head to provide standard pay, allowances, pay differentials, benefits, and other regular payments to excepted employees for excepted work. The definition of excepted employee includes agency employees determined to be excepted or performing emergency work, active-duty members of the Armed Forces, and support contractors who are required to work during the lapse. The funding authority lasts until regular or continuing appropriations are enacted or until the lapse ends, cannot be obligated when continuing appropriations are already in effect for that purpose, and later charges the payments to the applicable agency appropriation.

Who Benefits and How

Excepted federal employees benefit because regular pay and benefits can continue while they are required to work during a shutdown. Active-duty service members benefit because the bill includes Armed Forces members on active duty in the excepted employee definition. Required support contractors benefit because covered contractors supporting excepted employees can be paid for shutdown work. Agencies with emergency missions benefit because they can keep excepted work funded without waiting for back pay after the lapse.

Who Bears the Burden and How

Agency heads must identify excepted employees, obligate the automatic appropriation, and charge later payments to the regular account. Agency payroll offices must administer standard rates of pay, allowances, differentials, benefits, and other regular payments during lapses. Federal budget officials must reconcile shutdown payments once regular or continuing appropriations are enacted. Federal taxpayers fund immediate pay continuity for required shutdown work.

Key Provisions

• Appropriates such sums as necessary for excepted employee pay during agency appropriations lapses.
• Includes excepted agency employees, emergency-work employees, active-duty service members, and required support contractors.
• Covers standard pay, allowances, pay differentials, benefits, and other regular payments for excepted work.
• Keeps the authority available until appropriations are enacted or the lapse ends.
• Requires payments to be charged to the applicable agency appropriation after funding resumes.