S. 3012Senate119th Congress (2025-2027)Failed

Shutdown Fairness Act

Introduced October 15, 2025

AI-Generated Summary

Updated November 23, 2025 at 8:06 PM UTC

The Shutdown Fairness Act makes sure that federal workers who are required to work during a government funding lapse—called “excepted employees”—receive their regular pay, benefits, and allowances. It provides a source of Treasury money for FY 2026 and later to cover these payments until normal appropriations are passed. The bill applies to federal employees, supporting contractors, and active‑duty military members who perform essential work during a shutdown.

Key Provisions

  • Defines “excepted employee” as any federal worker (or supporting contractor or active‑duty service member) whose agency head determines they must work during a shutdown.
  • Appropriates money from the Treasury for FY 2026 and future years to pay the normal salary, benefits, and allowances to those excepted employees for any work done while the agency lacks an interim or full‑year appropriation.
  • The funds remain available to the agency head until regular appropriations for the agency are enacted for the rest of the fiscal year, or until a law is passed that provides no such appropriations.
  • If a continuing appropriation covering the same purpose is in effect, the shutdown funds cannot be used during that time.
  • All expenses made under this authority are later charged to the agency’s regular appropriation once it becomes law.
  • The Act is retroactively effective as of September 30, 2025.

Legislative Activity

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9 earlier actions
SenateFloor Latest Action

Upon reconsideration, cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 53 - 43. Record Vote Number: 609.

November 7, 2025

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SenateIntro Referral

Introduced in Senate

October 15, 2025

SenateCalendars

Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

October 15, 2025

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 191.

October 16, 2025

SenateFloor

Motion to proceed to consideration of measure made in Senate. (CR S7184-7185)

October 21, 2025

SenateFloor

Cloture motion on the motion to proceed to the measure presented in Senate. (CR S7185)

October 21, 2025

SenateFloor

Cloture motion on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 54 - 45. Record Vote Number: 585. (CR S7720)

October 23, 2025

SenateFloor

Motion by Senator Thune to reconsider the vote by which cloture on the motion to proceed to S. 3012 was not invoked (Record Vote No. 585) made in Senate.

October 23, 2025

SenateFloor

Motion to proceed to consideration of the motion to reconsider the vote by which cloture on the motion to proceed to S. 3012 was not invoked (Record Vote No. 585) agreed to in Senate by Voice Vote. (CR S7996)

November 7, 2025

SenateFloor

Motion by Senator Thune to reconsider the vote by which cloture on the motion to proceed to S. 3012 was not invoked (Record Vote No. 585) agreed to in Senate by Voice Vote. (CR S7996)

November 7, 2025

SenateFloor

Upon reconsideration, cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 53 - 43. Record Vote Number: 609.

November 7, 2025

Floor Debate

21 members

What members said about S. 3012 on the floor

7 Republicans14 Democrats
Ron Johnson
Sen. Ron JohnsonR-WI · Nov 7, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, 2 weeks ago, I came to the floor in support of a bill that we were going to vote on, a motion to…

Gary C. Peters
Sen. Gary C. PetersD-MI · Nov 7, 2025

Madam President, reserving the right to object, I just want to first start off and say that I deeply appreciate that Senator Johnson has updated his proposal to pay all Federal employees during the…

Ron Johnson
Sen. Ron JohnsonR-WI · Oct 23, 2025

Mr. President, reserving the right to object, I have come here today on the floor in good faith. I have come here not to argue. I have come here trying to find agreement. And I have listened to the…

John Kennedy
Sen. John KennedyR-LA · Apr 22, 2026

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I want to spend a few minutes telling you about why I held the vote-arama tonight on…

Tim Kaine
Sen. Tim KaineD-VA · Nov 6, 2025

Mr. President, pursuant to section 601(b) of the International Security Assistance and Arms Control Act, I move to discharge the Committee on Foreign Relations from the further consideration of S.J.…

Show 8 more
Richard J. Durbin
Sen. Richard J. DurbinD-IL · Oct 23, 2025

Mr. President, I am sure that those who are following the opening remarks of the Senate today can sense the frustration, bordering on anger, with the current situation, the current status quo. It is…

Rand Paul
Sen. Rand PaulR-KY · Nov 6, 2025

Mr. President, reserving the right to object, I think it is time that instead of closing the government down further, we begin to open up government. What I will offer is legislation that instead of…

John Kennedy
Sen. John KennedyR-LA · Nov 6, 2025

Mr. President, this weekend, I watched, probably like you, a number of folks go on television and confidently predict that we were going to be out of the shutdown. Some said as early as Wednesday.…

Jack Reed
Sen. Jack ReedD-RI · Nov 6, 2025

Mr. President, over the past 2 months, President Trump has ordered 16 airstrikes in the Caribbean and eastern Pacific, killing more than 65 people. His administration boasts that they are targeting…

Chris Van Hollen
Sen. Chris Van HollenD-MD · Oct 23, 2025

Mr. President, I want to thank my colleague from Virginia, Senator Warner, and other colleagues who are joining together to support the proposal that we are putting forward today. But I think we…

John Barrasso
Sen. John BarrassoR-WY · Oct 23, 2025

Mr. President, I ask unanimous consent to waive the mandatory quorum calls with respect to cloture on the motion to proceed to Calendar No. 191, S. 3012, and the Taibleson nomination. Mr. President,…

Ted Cruz
Sen. Ted CruzR-TX · Nov 7, 2025

I thank Senator Johnson. It is day 38 of the Schumer shutdown--the longest government shutdown in the history of the United States. Now, Senator Schumer told the world: Every day gets better for us.…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Apr 22, 2026

Mr. President, we are here tonight because our Republican colleagues have introduced a budget resolution. It is a budget resolution that unlocks the reconciliation process. But before we examine this…

Show 11 more
Angela D. Alsobrooks
Sen. Angela D. AlsobrooksD-MD · Oct 23, 2025

Mr. President, thank you, first of all, to my colleague Senator Chris Van Hollen for yielding, and I also want to thank the senior Senator from Maryland for his work on this legislation, the True…

Chris Van Hollen
Sen. Chris Van HollenD-MD · Nov 6, 2025

Mr. President, I want to start where Senator Reed, the distinguished ranking member of the Armed Services Committee left off, and that is with the U.S. Constitution, which should be the North Star…

Tammy Duckworth
Sen. Tammy DuckworthD-IL · Nov 6, 2025

Mr. President, next week marks the anniversary of my Alive Day. That is the anniversary of the last day I ever woke up, laced up my boots, and climbed into my Black Hawk helicopter; the day when an…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Oct 23, 2025

Mr. President, we are staring into the abyss of the healthcare crisis here in America. And what is Donald Trump doing as we stare into the abyss of the healthcare crisis? He is flying off, yet again,…

Raphael G. Warnock
Sen. Raphael G. WarnockD-GA · Nov 7, 2025

Mr. President, I believe in healthcare. Your health--my mother told me a long time ago--was everything, so take care of your health. It is vital. It is essential. I believe that healthcare is a human…

John Thune
Sen. John ThuneR-SD · Oct 23, 2025

Mr. President, there was a time when Democrats opposed government shutdowns. And not just opposed, Democrats were critical of holding government funding hostage to political demands. Our Democratic…

Adam B. Schiff
Sen. Adam B. SchiffD-CA · Nov 6, 2025

Mr. President, I am proud to join my colleagues Senator Kaine and Senator Paul in introducing this War Powers Resolution that provides that we have not authorized the use of force against Venezuela.…

James Lankford
Sen. James LankfordR-OK · Oct 23, 2025

Mr. President, I would love to introduce the Senate to a couple that I know: husband, wife. Both work for the Federal Government--young couple, expecting their first child. This week, they will miss…

Edward J. Markey
Sen. Edward J. MarkeyD-MA · Nov 7, 2025

Mr. President, I stand here today on behalf of the people of Massachusetts to say that we are angry. We are angry that Trump and MAGA Republicans are doubling the costs for millions of Americans and…

Andy Kim
Sen. Andy KimD-NJ · Nov 6, 2025

Mr. President, I rise today because since early September, Donald Trump has ordered our military to engage in 16 strikes in the Caribbean and in the eastern Pacific Ocean. Those strikes have killed…

Maria Cantwell
Sen. Maria CantwellD-WA · Nov 7, 2025

Mr. President, I actually like good local journalism. I am going to fight as hard as I can in the U.S. Congress to keep local journalism and fight AI, that basically might obliterate it, for all…

Bill Text

Latest available legislative text

Reading Mode
Latest
Placed on Calendar SenateIssued October 16, 2025

II

Calendar No. 191

119th CONGRESS

1st Session

S. 3012

IN THE SENATE OF THE UNITED STATES

October 15, 2025

Mr. Johnson (for himself, Mr. Budd, Mr. Cassidy, Mr. Crapo, Mr. Cotton, Mr. Risch, Mr. Sullivan, and Mr. Young) introduced the following bill; which was read the first time

October 16, 2025

Read the second time and placed on the calendar

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.

October 16, 2025

Read the second time and placed on the calendar