H.R. 5801 — Shutdown Fairness Act

This section establishes automatic appropriations, for FY2026 and subsequent fiscal years, to fund standard pay, allowances, differentials, benefits, and other regular payments for excepted employees (i.e., agency personnel deemed essential or performing emergency work by agency heads per Office of Personnel Management definitions, plus supporting contractors required to work during lapses and active-duty Armed Forces members) during any period of excepted work when interim or full-year appropriations are unavailable for the agency. Such funding terminates upon enactment of full-year appropriations (continuing or regular) for the agency—whether providing for these purposes or not—may not be obligated if continuing appropriations cover these purposes, and must be charged against applicable later appropriations; the provision applies retroactively as of September 30, 2025. (Thus, essential federal operations continue with funded pay during lapses in appropriations, avoiding reliance on later backpay.)