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S.4174

A bill to provide a premium payment to employees who worked without receiving pay during the shutdown of the Department of Homeland Security of 10 percent of the pay the employees should have received during the shutdown.

Introduced·3/24/26
Introduced

S. 4174

Introduced in Senate · April 3, 2026

March 24, 2026

Mr. Gallego introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To provide a premium payment to employees who worked without receiving pay during the shutdown of the Department of Homeland Security of 10 percent of the pay the employees should have received during the shutdown.

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

SECTION 1. Premium payment to DHS workers required to work without pay during shutdown.

  1. (a) Definitions.—In this section:

covered lapse in appropriations.— (1) COVERED LAPSE IN APPROPRIATIONS.—The term “covered lapse in appropriations” means the lapse in appropriations that began on February 14, 2026.

hours worked without pay.— (2) HOURS WORKED WITHOUT PAY.—The term “hours worked without pay”, with respect to an unpaid employee, means any hours worked by the unpaid employee during the covered lapse in appropriations for which the unpaid employee did not receive pay during the period of the covered lapse in appropriations.

  1. (3) UNPAID EMPLOYEE.—The term “unpaid employee”—
    1. (A) means an employee—
      1. (i) employed by an agency affected by the covered lapse in appropriations;
      2. (ii) who performed work for the agency described in clause (i) during the covered lapse in appropriations; and
      3. (iii) who did not receive pay for any of the work described in clause (ii) during the period of the covered lapse in appropriations; and
    2. (B) does not include an employee of an agency affected by the covered lapse in appropriations who received pay during the period of the covered lapse in appropriations for any of the work performed by the employee during the covered lapse in appropriations.
      1. (b) Premium payment.—Not later than 1 day after the end of the covered lapse in appropriations, the head of each agency employing unpaid employees shall make a 1-time payment to each unpaid employee of the agency in the amount equal to 10 percent of the product obtained by multiplying—
  2. (1) the number of hours worked without pay by the unpaid employee; by
  3. (2) the hourly rate of basic pay of the unpaid employee.