H.R. 5801: Shutdown Fairness Act

The Shutdown Fairness Act aims to ensure that federal employees designated as "excepted" receive their salaries and benefits during periods when the government lacks appropriations to fund its operations, typically during a government shutdown. Here is a breakdown of the key provisions of the bill:

Definitions

The bill defines several important terms, including:

• Agency: Refers to any branch of the U.S. government, whether executive, legislative, or judicial.
• Excepted Employee: An employee determined by an agency head to be excepted from furlough, typically due to their work being essential, or a contractor who supports such employees.
• Excepted Work: Work performed by excepted employees during periods when the agency is not funded.

Appropriations

The bill provides appropriations for fiscal year 2026 and beyond. It states that during periods when government funding is not in effect, agencies will receive the necessary funds to pay excepted employees for their work. This includes:

• Standard pay rates and allowances.
• Any benefits or payments that would regularly be granted during normal operations.

Termination of Appropriations

The appropriations made under this bill will cease when one of the following occurs:

• The agency receives enactment into law of its regular appropriations for the fiscal year.
• Continuing appropriations are passed that do not include funds for excepted work.

Conditions on Use of Appropriations

Agencies cannot use the funds under this bill during periods when other continuing appropriations are in effect for the same purposes. Also, any funds spent under this bill will be charged against the regular appropriations when they are enacted, ensuring there is no double funding.

Effective Date

The provisions of this bill would take effect as if they had been enacted on September 30, 2025, which aligns with the beginning of the fiscal year for many government budgets.

Relevant Companies

None found.