PolicyBrief
S. 3168
119th CongressNov 9th 2025
Shutdown Fairness Act
INTRODUCED

This bill ensures that federal employees, contractors, and military personnel who worked or were supposed to work during a lapse in appropriations receive their full compensation retroactively and going forward.

Ron Johnson
R

Ron Johnson

Senator

WI

LEGISLATION

Shutdown Fairness Act Mandates Full Pay for Federal Workers and Contractors During Funding Lapses, Sets 7-Day Retroactive Deadline

When the government shuts down, the people who actually keep things running—federal employees and the contractors supporting them—are often left holding the bag, wondering when, or if, they’ll get paid. This bill, the Shutdown Fairness Act, is essentially a financial firewall designed to stop that from happening again, ensuring that essential personnel and their support staff are paid on time, every time, during a funding lapse.

The Automatic Paycheck Guarantee

Here’s the core of it: The Act automatically appropriates funds to agencies to cover “standard employee compensation” for all “covered employees” during a lapse in regular appropriations. This means if Congress misses a funding deadline, the money for payroll automatically kicks in. It doesn't matter if the employee was deemed “excepted” (required to work) or “furloughed.” If they were employed or had accepted a job offer the day before the lapse started, they get paid their regular salary and benefits for the entire period.

This is a huge shift from the old system where workers had to wait for Congress to pass separate legislation after the shutdown ended to get their back pay. Under this new rule, for any lapse starting after the bill is enacted, payment must be made on the employees' regularly scheduled pay dates. No more waiting games.

Contractors and the 7-Day Clock

This protection extends beyond just federal workers. The bill requires agencies to make payments to contractors so those companies can, in turn, provide standard compensation to their “covered contract employees.” A covered contract employee is defined as someone who supports a covered federal employee and is required to work during the lapse. This is critical because many essential services—from IT support to facility maintenance—are handled by contractors whose workers previously faced the same financial uncertainty as federal employees.

Crucially, the Act also addresses past pain. For the hypothetical lapse period between October 1, 2025, and the date this Act is passed, agencies are required to process and deliver that payment no later than 7 days after the bill is enacted. That’s a fast turnaround, putting immediate pressure on agency payroll departments, but providing rapid relief to anyone who had to work without pay during that period.

Strict Limits on the Money

To keep things clean, the bill is very strict about how these funds can be used. The money appropriated during a shutdown is strictly limited to providing standard employee compensation to covered employees and paying contractors for their covered contract employees. It cannot be transferred, reprogrammed, or spent for any other purpose. This is meant to prevent agencies from using this emergency payroll funding for other operating expenses.

What this means in the real world is certainty. If you are a federal employee or a contractor whose job is deemed necessary during a shutdown, you no longer have to worry about missing rent or mortgage payments. The bill makes the compensation process automatic, mandatory, and timely, effectively decoupling essential government payroll from the political gridlock that causes shutdowns in the first place. For taxpayers, this is the cost of maintaining essential government functions—a cost that is now mandatory and automatic during any funding lapse.