PolicyBrief
S. 2963
119th CongressOct 1st 2025
Fair Pay for Federal Contractors Act of 2025
IN COMMITTEE

This Act mandates federal agencies to compensate contractors for employee costs incurred due to funding lapses and appropriates necessary funds to cover resulting contract price adjustments.

Tina Smith
D

Tina Smith

Senator

MN

LEGISLATION

Shutdown Safety Net: New Bill Caps Contractor Employee Back Pay at $1,442/Week After Federal Lapses

The “Fair Pay for Federal Contractors Act of 2025” is essentially a government insurance policy designed to keep federal contract work—and the people doing it—afloat during a government shutdown. Specifically targeting any funding lapse that hits during Fiscal Year 2026 (starting October 1, 2025), this bill mandates that federal agencies must adjust the price of existing contracts to cover costs incurred by contractors when their employees were sidelined. This is a big deal because it overrides the standard contract language that usually leaves contractors holding the bag for shutdown-related losses, ensuring that work stoppage costs don't bankrupt companies critical to government operations.

The $1,442 Question: Who Gets Paid?

This bill focuses squarely on the contractor employees—the people actually building the roads, coding the software, or providing the services the government relies on. If a shutdown forces a contractor to furlough, lay off, or make employees use up their paid leave, the government must reimburse the contractor for those employee costs (Section 3). The goal is to ensure these workers get paid, even if the government temporarily stops funding the work. However, there’s a hard cap on that reimbursement: the government won’t pay the contractor more than $1,442 per week for any single employee’s compensation. For the vast majority of service workers and laborers covered by this act, this cap will likely cover their full pay. But if you’re a highly paid specialist or executive making significantly more than that weekly amount, your employer will have to eat the difference if they want to pay you your full salary during the downtime.

The Cost of Continuity: Open Checkbook

To make sure agencies can actually pay these adjusted contract prices, the bill includes some serious financial firepower. Section 2 and Section 4 essentially authorize the Treasury to set aside “whatever money is necessary” and “such sums as may be necessary” to cover these unexpected cost increases. This is the government’s way of saying, “We know shutdowns are expensive, and we’re going to cover the bill to maintain contract continuity.” While this ensures the safety net works, it also means the cost of these shutdowns—which are unpredictable—is being covered by an open-ended appropriation, which bypasses the usual, stricter budgeting process. Taxpayers are essentially signing off on an unknown, potentially large bill to keep these contracts running.

Show Me the Receipts: New Accountability Rules

Contractors can’t just send a bill; they have to prove the costs. The agency, working with the Office of Federal Procurement Policy (OFPP), needs “whatever evidence” is necessary to verify that the contractor actually paid employees who were affected (Section 3). This is an important check against abuse. Furthermore, the OFPP Administrator is required to produce a public report one year after the law is enacted. This report must detail how many contractor employees were affected, how many received back pay, and how many had their compensation limited by that $1,442 weekly cap. This reporting requirement is designed to give the public a clear picture of the human and financial cost of future government shutdowns, which is a significant step toward transparency.