S. 3168

119 S3168 PCS: Shutdown Fairness Act
 U.S. Senate
 2025-11-10
 text/xml
 EN
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 II  Calendar No. 267  119th CONGRESS  1st Session  S. 3168  IN THE SENATE OF THE UNITED STATES   November 9, 2025   Mr. Johnson  (for himself,  Mr. Cotton ,  Mr. Crapo ,  Mr. Lankford ,  Mr. Risch ,  Mr. Sullivan , and  Mr. Scott of Florida ) introduced the following bill; which was read the first time    November 10, 2025  Read the second time and placed on the calendar   A BILL
To appropriate funds for pay and allowances of Federal employees, contract employees, and members of the Armed Forces 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 —
(A)
means each authority of the executive, legislative, or judicial branch of the Government of the United States; and
(B)
includes each element of the District of Columbia public employer, as defined in section 1341(c) of title 31, United States Code;
(2)
the term  contractor  includes a contractor at any tier;
(3)
the term  covered contract employee , with respect to a contractor of an agency—
(A)
means an employee of the contractor who—
(i)
provides support to an employee described in paragraph (4)(A); and
(ii)
is required to perform work during a lapse in regular appropriations with respect to the agency to which the employee of the contractor provides support, as determined by the head of that agency; and
(B)
only includes an individual described in subparagraph (A) who was an employee of a contractor on, or had accepted an offer of employment with the contractor on or before, the day before the date on which the applicable lapse in regular appropriations began;
(4)
the term  covered employee —
(A)
means each employee of an agency, without regard to whether, during the period beginning on October 1, 2025, and ending on the date of enactment of this Act—
(i)
the head of that agency determined that the individual was an excepted employee or an employee performing emergency work; or
(ii)
the individual was subject to furlough;
(B)
includes—
(i)
a covered individual contractor of an agency;
(ii)
a member of the Armed Forces on active duty; and
(iii)
a member of a reserve component who, during a lapse in regular appropriations with respect to the applicable agency, performs active service or inactive duty training; and
(C)
only includes an individual described in subparagraph (A) or (B) who was an employee, contractor, or member on, or had accepted an offer of employment with the agency, agreed to become a contractor of the agency, or had enlisted in or accepted an appointment to the Armed Forces (including a reserve component) on or before, the day before the date on which the applicable lapse in regular appropriations began;
(5)
the term  covered individual contractor , with respect to an agency, means an individual who is a contractor of the agency who—
(A)
provides support to an employee described in paragraph (4)(A); and
(B)
is required to perform work during a lapse in regular appropriations with respect to the agency to which the individual provides support, as determined by the head of that agency;
(6)
the term  lapse in regular appropriations , with respect to an agency, means any period during which interim or full-year appropriations for the applicable fiscal year are not in effect for the agency; and
(7)
the term  standard employee compensation  means, with respect to a covered employee or covered contract employee, the standard rate of basic pay, allowances, pay differentials, benefits, and other payments otherwise payable on a regular basis to the covered employee or covered contract employee.
(b)
Appropriations
(1)
In general
For fiscal year 2026, and any fiscal year thereafter, for any lapse in regular appropriations with respect to 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—
(A)
standard employee compensation to covered employees of the agency with respect to the period of the lapse in regular appropriations; and
(B)
payment to contractors of the agency to be used by the contractors to provide standard employee compensation to covered contract employees of the contractor.
(2)
Agency requirement
The head of each agency to whom amounts are made available under paragraph (1) shall provide standard employee compensation to covered employees of the agency—
(A)
with respect to the period beginning on October 1, 2025, and ending on the date of enactment of this Act, as soon as is practicable, but not later than 7 days after the date of enactment of this Act, without regard to—
(i)
scheduled pay dates; or
(ii)
whether the covered employee was subject to furlough during such period; and
(B)
with respect to any period of a lapse in regular appropriations beginning on or after the date of enactment of this Act, on the regularly scheduled pay dates of the covered 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)
Limitation to individuals affected by a shutdown
Amounts provided under subsection (b) may not be used to provide standard employee compensation to a covered employee, or to provide payment to a contractor of the agency to provide standard employee compensation to a covered contract employee of the contractor, for any portion of a lapse in regular appropriations for which the covered employee is provided with standard employee compensation, or contractor is provided payment to provide standard employee compensation to covered contract employees of the contractor, respectively, using amounts other than amounts provided under subsection (b).
(e)
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.
(f)
Charging to future appropriations
Expenditures made pursuant to subsection (b) shall be charged to the applicable appropriation, fund, or authorization whenever an Act in which such applicable appropriation, fund, or authorization is included is enacted into law.
(g)
Limitation on transfer authority
Notwithstanding any other provision of law (including any appropriation Act), the amounts provided under subsection (b)—
(1)
shall be available solely to provide standard employee compensation to covered employees and to provide payment to contractors of the agency to be used by the contractors to provide standard employee compensation to covered contract employees of the contractors; and
(2)
may not be transferred, reprogrammed, obligated, or expended for any other purpose.
(h)
Terms and conditions
(1)
In general
For fiscal year 2027, and each fiscal year thereafter, standard employee compensation, and payments to contractors, provided by an agency using amounts provided under subsection (b) shall be subject to the requirements, authorities, conditions, and limitations applicable with respect to the provision of standard employee compensation, or payment to contractors, respectively, by the agency under the Act that provided appropriations for the agency to provide standard employee compensation, or payment to contractors, respectively, immediately before the lapse in regular appropriations.
(2)
Fiscal year 2026
For fiscal year 2026, standard employee compensation, and payments to contractors, provided by an agency using amounts provided under subsection (b) shall be subject to the requirements, authorities, conditions, and limitations applicable with respect to the provision of standard employee compensation, or payment to contractors, respectively, by the agency under the Full-Year Continuing Appropriations and Extensions Act, 2025 ( Public Law 119–4 ; 139 Stat. 9).
(i)
Authorization to obligate and expend funds
Funds appropriated by this Act may be obligated and expended notwithstanding section 15 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2680 ) and section 504(a)(1) of the National Security Act of 1947 ( 50 U.S.C. 3094(a)(1) ).
(j)
Rule of construction
This section shall be construed to provide each covered employee with standard employee compensation, and to authorize payment to any contractor to provide standard employee compensation to each covered contract employee of the contractor, without regard to whether the covered employee or covered contract employee was previously or is subject to furlough for any portion of a lapse in regular appropriations, for the period of the lapse in regular appropriations as if the covered employee or covered contract employee was performing the duties of the covered employee or covered contract employee during the lapse in regular appropriations.
(k)
Agency activities
(1)
In general
Covered employees and covered contract employees shall perform their typical duties to the maximum extent practicable during a lapse in regular appropriations.
(2)
Other obligations or expenditures
This section does not authorize or necessarily imply that an agency or employee may incur any obligations or expenditures that are not explicitly authorized by this Act.
(l)
Retroactive effective date
This Act shall take effect as if enacted on September 30, 2025.
   November 10, 2025  Read the second time and placed on the calendar