Senators Chris Van Hollen and Angela Alsobrooks of Maryland voted Thursday against the Shutdown Fairness Act, a Republican proposal that would provide back pay only to certain essential federal workers during the government shutdown. The bill, introduced by Senate Republicans, would cover federal law enforcement officers, Border Patrol agents, air traffic controllers, and active-duty troops, but Democrats objected, demanding back pay for all federal employees affected by the shutdown.
“The best way to make sure that federal employees – all federal employees – get paid, and that the American people get the benefits of their services, is to reopen the government and do it now,” Van Hollen said during Senate debate. Alsobrooks added, “Our ask today is simple: pay them for the jobs that they were hired to do.”
Van Hollen introduced an alternative, the True Shutdown Fairness Act, which would provide back pay for the entire furloughed workforce and prohibit firings of federal workers during a shutdown. He clashed with Senator Ron Johnson, R-Wisconsin, who sponsored the Republican bill, calling Johnson's version “dangerous” and arguing it would give the president unchecked power to decide which agencies to shut down and which employees to pay.
“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,” Van Hollen said. Johnson countered, “I don’t think we should limit the president’s ability…to properly manage the federal government, and make the tough decisions, sometimes, to reduce the workforce.” Johnson urged bipartisan cooperation, noting “a lot of areas of agreement.” Van Hollen expressed openness to negotiation, saying he would be “happy to sit down with him and his team to see if we can put together a proposal.” However, he ultimately opposed a motion to vote on the Shutdown Fairness Act.
Federal workers are guaranteed retroactive pay under the Government Employee Fair Treatment Act of 2019, a law Van Hollen and then-Senator Ben Cardin helped pass during the previous shutdown. That law ensures back pay once Congress approves new spending to reopen the government, but not until the shutdown ends. Van Hollen’s True Shutdown Fairness Act is backed by several federal employee unions, including the American Federation of Government Employees and the National Federation of Federal Employees.
NFFE National President Randy Erwin stated that over 1 million employees will miss a paycheck as the shutdown enters its fifth week, causing financial and personal upheaval. “Many are picking up second jobs, filing for unemployment, and waiting in lines at food banks just to survive. They have been forced to cancel trips to see family, removed their children from sports and extracurricular activities, and are struggling to pay for childcare and college tuition,” Erwin said. Maryland is home to more than 160,000 federal employees, many furloughed since the shutdown began. “It’s been 23 days of this administration using the shutdown as an excuse to further target federal workers who are my constituents,” Alsobrooks said.
The Republican back pay measure failed to reach the 60-vote threshold for passage, with a final tally of 54 in favor of moving forward. The House remains out of session on orders of Speaker Mike Johnson, R-Louisiana, who insists he will not negotiate with Democrats over ending the shutdown. This leaves Congress without an immediate path to paying federal workers, though lawmakers could revisit other proposals, including Van Hollen’s, if talks resume next week.
