119-hr5801

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5801 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 5801

 To appropriate funds for pay and allowances of excepted Federal 
 employees for periods of work performed during a lapse in 
 appropriations, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 October 21, 2025

Mr. Johnson of South Dakota (for himself, Mr. Mackenzie, Mr. Wied, Mrs. 
Bice, Mr. Issa, Mr. Lawler, Mr. Mann, Mr. Austin Scott of Georgia, and 
Mrs. Miller-Meeks) introduced the following bill; which was referred to 
 the Committee on Appropriations

_______________________________________________________________________

 A BILL

 To appropriate funds for pay and allowances of excepted Federal 
 employees for periods of work performed during a lapse in 
 appropriations, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Shutdown Fairness Act''.

SEC. 2. APPROPRIATIONS.

    (a) 

=== Definitions. ===
-In this section--

    (1) the term ``agency'' means each authority of the 
 executive, legislative, or judicial branch of the Government of 
 the United States;

    (2) the term ``excepted employee''--
        (A) means an employee of an agency who the head of 
 that agency determines is an excepted employee or an 
 employee performing emergency work, as those terms are 
 defined by the Office of Personnel Management; and
        (B) includes--
            (i) a contractor who--
            (I) provides support to an employee 
 described in subparagraph
        (A) ; and
            (II) is required to perform work 
 during a lapse in appropriations, as 
 determined by the head of the agency 
 with respect to which the contractor 
 provides support; and
            (ii) a member of the Armed Forces on active 
 duty; and

    (3) the term ``excepted work'' means work performed by an 
 excepted employee during a period during which interim or full-
 year appropriations for the applicable fiscal year are not in 
 effect for the applicable agency.

    (b) Appropriations.--For fiscal year 2026, and any fiscal year 
thereafter, for any period during which interim continuing 
appropriations or full-year appropriations for that fiscal year are not 
in effect for 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 standard rates of pay, 
allowances, pay differentials, benefits, and other payments otherwise 
payable on a regular basis to excepted employees of the agency with 
respect to any period of excepted work performed by the excepted 
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) 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.

    (e) Charging to Full-Year Appropriations.--Obligations or 
expenditures made by the head of an agency pursuant to subsection

    (b) shall be charged to the applicable appropriation for the agency 
whenever a regular appropriation bill or a measure making continuing 
appropriations until the end of the applicable fiscal year for the 
agency becomes law.

    (f) Retroactive Effective Date.--This Act shall take effect as if 
enacted on September 30, 2025.
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