Shutdown Fairness Act (H.R. 5801)

Shutdown Fairness Act

This bill provides appropriations to pay federal employees who work during a government shutdown.

Specifically, the bill provides appropriations for federal agencies to provide standard rates of pay, allowances, pay differentials, benefits, and other payments to excepted employees for work performed during any period in which interim continuing appropriations or full-year appropriations are not in effect for a fiscal year (i.e., a government shutdown). An excepted employee is an employee who is required to work during a government shutdown.

Under current law, excepted employees are not paid until the government shutdown is over. This bill provides appropriations to pay excepted employees during a government shutdown. The bill also specifies that the term excepted employee includes certain contractors who support federal employees during a government shutdown and members of the Armed Forces who are on active duty. 

A federal agency may not use the funds provided by this bill during any period in which continuing appropriations are in effect for the purpose of paying excepted employees of the agency.

The bill must take effect as if it had been enacted on September 30, 2025.