Should Congress guarantee pay for some essential federal employees during a government shutdown?

Government Operations (e.g., Election Laws)
Shutdown Fairness Act (S. 3012)
Awaiting Vote
Bill Summary

The Shutdown Fairness Act guarantees pay for federal employees, certain contractors, and active-duty military members who must work during a government shutdown. Currently, these “excepted employees” are unpaid until the shutdown ends. The bill provides funding for their regular pay, benefits, and other compensation throughout the shutdown period. Agencies cannot use these funds when continuing appropriations are in effect for the purpose of paying excepted employees of the agency. Sponsor: Sen. Ron Johnson (Republican, Wisconsin)
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Opponents say

•      "We certainly shouldn’t set up a system where the president of the United States gets to decide what agencies to shut down... who to pay and who not to pay, who to punish, who to not punish." Source: Sen. Van Hollen (Democrat, Maryland) 


•       "My understanding is that that is not a comprehensive bill that actually is designed to reopen the government while at the same time addressing the issues that need to be confronted on behalf of the American people, which include lowering the high cost of living and decisively addressing the Republican healthcare crisis. So, it's not legislation that I support because it appears to be more like a political ploy to pick and choose, giving Donald Trump discretion, which employees should be compensated and which employees should not be compensated. All employees should be compensated, and that will happen when we reopen the government." Source: Rep. Hakeem Jeffries (Democrat, New York, District 8)

Proponents say

•    "With Democrats continuing the Schumer Shutdown, they should at least agree to pay all the federal employees that are forced to continue working. The 2025 Shutdown Fairness Act is a permanent fix that will ensure excepted workers and our troops are paid during a shutdown," Source: Sen. Ron Johnson (Republican, Wisconsin) 


•     "Essential federal employees who continue to show up and do their jobs during this government shutdown manufactured by Senate Democrats shouldn’t pay a price. The Shutdown Fairness Act would make sure these hard-working Americans are paid on time for the work they perform, just as they deserve." Source: Sen. Todd Young (Republican, Indiana) 


•     "I think that the Republicans are tragically holding the American people who need health care hostage. They’re holding federal workers hostage, and just because they’ve decided to shut down the government doesn’t mean that these workers ought to be punished,” the Georgia Democrat said. “And so some of these folks that they’re holding hostage had a path to get some relief, I’m happy to offer that to them. Meanwhile, I’m fighting for health care." Source: Sen. Raphael Warnock (Democrat, Georgia)

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