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H.R. 5801House119th Congress (2025-2027)In Committee

Shutdown Fairness Act

Sponsored by Dusty JohnsonRep. Dusty Johnson (R-SD)
Introduced October 21, 2025

AI-Generated Summary

Updated November 23, 2025 at 8:04 PM UTC

The Shutdown Fairness Act makes sure that federal workers deemed essential—along with certain contractors and active‑duty military—receive their regular pay, benefits, and allowances when the government runs out of appropriations. Starting with fiscal year 2026, the Treasury will provide the necessary funds for any period of a shutdown, and the money will be charged to the agency’s normal budget once regular funding is restored. The bill also sets rules for when these emergency funds can be used and when they end.

Key Provisions

  • Defines “excepted employee” as any federal worker (or supporting contractor) the agency head deems essential or performing emergency work, and also includes active‑duty military members.
  • Defines “excepted work” as work done by those employees during any period when the agency has no interim or full‑year appropriations.
  • Appropriates, for FY 2026 and future years, whatever Treasury money is needed to pay the normal salary, benefits, and allowances to excepted employees for the time they work during a shutdown.
  • These funds stay available to the agency head until either regular appropriations for the agency are enacted (covering the same purposes) or until appropriations are enacted that specifically exclude such payments.
  • The agency cannot use these shutdown funds while a continuing appropriation covering the same purpose is already in effect.
  • Any money spent under this authority is later charged to the agency’s regular appropriation once that appropriation becomes law.
  • The Act is retroactively effective as of September 30, 2025.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on Appropriations.

Appropriations Committee

October 21, 2025

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HouseIntro Referral

Introduced in House

October 21, 2025

HouseIntro Referral

Referred to the House Committee on Appropriations.

Appropriations Committee

October 21, 2025

Bill Text

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Introduced in HouseIssued October 21, 2025

I

119th CONGRESS

1st Session

H. R. 5801

IN THE HOUSE OF REPRESENTATIVES

October 21, 2025

Mr. Johnson of South Dakota (for himself, Mr. Mackenzie, Mr. Wied, Mrs. Bice, Mr. Issa, Mr. Lawler, Mr. Mann, Mr. Austin Scott of Georgia, and Mrs. Miller-Meeks) introduced the following bill; which was referred to the Committee on Appropriations

A BILL

To appropriate funds for pay and allowances of excepted Federal employees for periods of work performed during a lapse in appropriations, and for other purposes.

1.

Short title

This Act may be cited as the Shutdown Fairness Act.

2.

Appropriations

(a)

Definitions

In this section—

(1)

the term agency means each authority of the executive, legislative, or judicial branch of the Government of the United States;

(2)

the term excepted employee—

(A)

means an employee of an agency who the head of that agency determines is an excepted employee or an employee performing emergency work, as those terms are defined by the Office of Personnel Management; and

(B)

includes—

(i)

a contractor who—

(I)

provides support to an employee described in subparagraph (A); and

(II)

is required to perform work during a lapse in appropriations, as determined by the head of the agency with respect to which the contractor provides support; and

(ii)

a member of the Armed Forces on active duty; and

(3)

the term excepted work means work performed by an excepted employee during a period during which interim or full-year appropriations for the applicable fiscal year are not in effect for the applicable agency.

(b)

Appropriations

For fiscal year 2026, and any fiscal year thereafter, for any period during which interim continuing appropriations or full-year appropriations for that fiscal year are not in effect for an agency, there are appropriated to the head of the agency, out of any money in the Treasury not otherwise appropriated, such sums as are necessary to provide standard rates of pay, allowances, pay differentials, benefits, and other payments otherwise payable on a regular basis to excepted employees of the agency with respect to any period of excepted work performed by the excepted employees.

(c)

Termination

Appropriations and funds made available and authority granted under subsection (b) shall be available to the head of an agency until whichever of the following first occurs:

(1)

The enactment into law of appropriations for the agency until the end of the applicable fiscal year (including a continuing appropriation) that provide amounts for the purposes for which amounts are made available under subsection (b).

(2)

The enactment into law of appropriations for the agency until the end of the applicable fiscal year (including a continuing appropriation) without any appropriation for such purposes.

(d)

Interim continuing appropriations

Appropriations made available under subsection (b) may not be obligated by the head of an agency during any period during which continuing appropriations for the purposes for which amounts are made available under subsection (b) are in effect for the agency.

(e)

Charging to full-Year appropriations

Obligations or expenditures made by the head of an agency pursuant to subsection (b) shall be charged to the applicable appropriation for the agency whenever a regular appropriation bill or a measure making continuing appropriations until the end of the applicable fiscal year for the agency becomes law.

(f)

Retroactive effective date

This Act shall take effect as if enacted on September 30, 2025.