PolicyBrief
H.R. 5657
119th CongressSep 30th 2025
Fair Pay for Federal Contractors Act of 2025
IN COMMITTEE

This Act provides appropriations and mandates contract price adjustments to compensate federal contractor employees for losses incurred due to funding lapses or government shutdowns.

Ayanna Pressley
D

Ayanna Pressley

Representative

MA-7

LEGISLATION

Shutdown Safety Net: New Bill Mandates Back Pay for Federal Contractor Employees, Capping Weekly Reimbursement at $1,442

The “Fair Pay for Federal Contractors Act of 2025” is essentially a financial insurance policy for federal contractor employees whenever the government hits a funding snag, like a shutdown. It mandates that if a government funding lapse (specifically targeting any that happen during fiscal year 2026) causes a contractor to stop or delay work, the federal agency must adjust the contract price to cover the contractor’s costs for employee back pay. This isn't just about covering lost wages; it also covers costs if the contractor forced employees to use their paid leave during the shutdown period. The goal is simple: make sure the people doing the government's work don't bear the financial brunt of Congress’s inability to pass a budget.

The Shutdown Safety Net for Workers

This bill directly addresses a major headache for the roughly 4 million people who work for federal contractors: the threat of a shutdown means zero income. Under Section 3, if a shutdown happens, the contractor must be reimbursed for paying employees who were furloughed, laid off, or had their hours cut. This is a big deal because the bill forces agencies to make these adjustments even if the original contract language didn't allow for it, or even explicitly forbade it. Think of a security guard or an IT technician working on a military base; if the base shuts down, this bill ensures their employer gets paid to pay them. The catch? The agency won't reimburse the contractor more than $1,442 per week per employee. While that covers a lot of folks, it means highly paid specialists—say, a senior software engineer making $3,000 a week—will only have their employer reimbursed for about half their salary, potentially leading to disputes over whether the contractor has to cover the rest.

Who Pays the Bill and the Cost of Clarity

To make sure agencies can actually afford this mandated back pay, Section 2 and Section 4 authorize open-ended appropriations—meaning Congress is setting aside “whatever money is necessary” to cover these contract adjustments. This is the government essentially saying, “We will pay for the cost of our own shutdowns.” While this is necessary to ensure the workers get paid, it creates an uncapped financial liability for the Treasury, dependent entirely on how long and how often future shutdowns occur. This is a blank check written against future funding lapses.

Furthermore, the bill introduces a little bit of fuzziness with the term “reasonable costs” when describing what the contractor can claim. While the Administrator of the Office of Federal Procurement Policy will define what proof is needed, that subjectivity could lead to inconsistent application across different agencies. Finally, the bill includes a transparency measure: the government must issue a public report within a year detailing exactly how many contractor employees were affected, how many received back pay, and how much was paid out. This reporting requirement will finally give us a clear picture of the true human cost of government shutdowns on the contractor workforce.