S. 3012: Shutdown Fairness Act

This bill, known as the Shutdown Fairness Act, proposes specific actions in the event of a government shutdown resulting from a lack of appropriations. Here’s a breakdown of its key components:

Purpose of the Bill

The bill aims to ensure that federal employees who are classified as excepted employees will receive compensation for their work during periods when the government is shut down due to a funding lapse. This compensation applies to work that is considered necessary and falls under the excepted work category.

Definitions

Key terms defined in this bill include:

• Agency: Any authority within the legislative, executive, or judicial branches of the U.S. government.
• Excepted Employee: An employee deemed necessary to perform emergency work or identified as excepted by their agency’s head. This also includes certain contractors and military personnel on active duty.
• Excepted Work: Work that is carried out by an excepted employee during a government shutdown.

Funding Appropriation

The bill outlines that for fiscal year 2026 and beyond, funds will be appropriated to pay excepted employees for their work during any period when there are no appropriations in effect. This ensures that these employees will receive their regular pay, allowances, and benefits as if regular appropriations were in place.

Conditions of Appropriation

The appropriated funds will remain available until one of the following occurs:

• A new law is enacted that provides appropriations for the agency until the end of the fiscal year, including continuing appropriations that cover those costs.
• A new law is enacted that provides appropriations without funding for the purposes specified in this bill.

Limitations on Funds

The bill specifies that the funds appropriated for these employees cannot be obligated during times when continuing appropriations are already in effect. Additionally, when full-year appropriations are eventually enacted, the expenditures made under this bill will be charged to those appropriations.

Effective Date

The provisions of this bill are intended to take effect retroactively, as if it were enacted on September 30, 2025.

Relevant Companies

None found.