Shutdown relief includes hidden contractor cost pass-through with no cap
S. 3165 — True Shutdown Fairness Act · Filed by Chris Van Hollen (D-MD) · 2 cosponsors · Introduced Nov 7, 2025 · Referred to committee
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What it does
This bill appropriates emergency funds to pay federal employees and contractors for the period of the government shutdown that began October 1, 2025. It covers back pay for furloughed workers, active-duty military, and contract workers whose work was interrupted; it also requires federal agencies to adjust contractor prices upward to cover the contractors' costs of paying their own employees during the shutdown. The bill also prohibits agencies from conducting layoffs or placing employees on extended administrative leave during the shutdown period.
Why we flagged it
The bill's primary stated purpose is to fund federal employee back pay during a shutdown—a straightforward emergency measure. However, Section 2(c) creates a secondary mechanism allowing contractors to unilaterally adjust contract prices upward to recover shutdown-related labor costs, effectively shifting private-sector shutdown costs onto the federal budget without the usual procurement controls.
What the text implies
- Section 2(c) allows contractors to claim 'reasonable costs' for employee compensation during the shutdown and demand price adjustments without competitive rebidding. The standard for 'reasonable' is set by the agency head in consultation with the Office of Federal Procurement Policy, creating discretion and potential for inflated claims.
- The bill defines 'covered individual' to include contract employees, service workers, and laborers, but the price-adjustment mechanism in Section 2(c) flows money to the contractor (the private firm), not directly to the worker. Contractors may retain a portion of the adjustment as profit.
The full analysis lists 5 implications of this text.
Who stands to gain
federal contractors and service providers; defense contractors; staffing and temporary labor firms