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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7137 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7137
To appropriate funds for pay and allowances of Federal employees,
contract employees, and members of the Armed Forces during a lapse in
appropriations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2026
Mr. Johnson of South Dakota (for himself, Mr. Gottheimer, Mr.
Mackenzie, Ms. Goodlander, Mr. Mann, Mr. Panetta, Mr. Wittman, Mr.
Carbajal, Mr. Steil, Mr. Golden of Maine, Mr. Fitzpatrick, Mr. Soto,
Mr. Bresnahan, Mr. Krishnamoorthi, Mr. Garbarino, and Mr. Davis of
North Carolina) introduced the following bill; which was referred to
the Committee on Appropriations, and in addition to the Committees on
Armed Services, Oversight and Government Reform, House Administration,
and the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To appropriate funds for pay and allowances of Federal employees,
contract employees, and members of the Armed Forces during a lapse in
appropriations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shutdown Fairness Act''.
SEC. 2. APPROPRIATIONS.
(a) Definitions.--In this section--
(1) the term ``agency''--
(A) means each authority of the executive,
legislative, or judicial branch of the Government of
the United States; and
(B) includes each element of the District of
Columbia public employer, as defined in section 1341(c)
of title 31, United States Code;
(2) the term ``covered contractor'' means a contractor--
(A) with which an agency has a contract; and
(B) that, under the contract described in
subparagraph (A)--
(i) provides support to an employee
described in paragraph (3)(A); and
(ii) is required to perform work during a
lapse in regular appropriations with respect to
the agency to which the contractor provides
support, as described in clause (i), based on a
determination by the head of that agency that
incurring an obligation to pay for that support
in advance of available appropriations would be
permissible under applicable law, including
section 1341 of title 31, United States Code;
(3) the term ``covered employee''--
(A) means each employee of an agency, without
regard to whether, for any portion of the period
beginning on October 1, 2025, and ending on the date of
enactment of this Act--
(i) the head of that agency determined that
the individual was an excepted employee or an
employee performing emergency work; or
(ii) the individual was subject to
furlough;
(B) includes--
(i) a member of the Armed Forces on active
duty; and
(ii) a member of a reserve component who,
during a lapse in regular appropriations with
respect to the applicable agency, performs
active service or inactive duty training; and
(C) only includes an individual described in
subparagraph (A) or (B) who was an employee or member
on, or had accepted an offer of employment with the
agency or had enlisted in or accepted an appointment to
the Armed Forces (including a reserve component) on or
before, the day before the date on which the applicable
lapse in regular appropriations began;
(4) the term ``lapse in regular appropriations'', with
respect to an agency, means any period during which interim or
full-year appropriations for the applicable fiscal year are not
in effect for the agency; and
(5) the term ``standard employee compensation'' means, with
respect to a covered employee, the standard rate of basic pay,
allowances, pay differentials, benefits, and other payments
otherwise payable on a regular basis to the covered employee.
(b) Appropriations.--
(1) In general.--For fiscal year 2026, and any fiscal year
thereafter, for any lapse in regular appropriations with
respect to an agency, there are appropriated to the head of the
agency, out of any money in the Treasury not otherwise
appropriated, such sums as are necessary to provide--
(A) standard employee compensation to covered
employees of the agency with respect to the period of
the lapse in regular appropriations; and
(B) payment to covered contractors with respect to
work that those covered contractors are required to
perform for the agency during the period of the lapse
in regular appropriations, pursuant to the terms of
applicable contracts with those covered contractors.
(2) Agency requirement.--The head of each agency to whom
amounts are made available under paragraph (1) shall provide
standard employee compensation to covered employees of the
agency--
(A) if there is a lapse in regular appropriations
ongoing on the date of enactment of this Act, as soon
as is practicable, but not later than 7 days after the
date of enactment of this Act, without regard to--
(i) scheduled pay dates; or
(ii) whether the covered employee was
subject to furlough during such period; and
(B) with respect to any period of a lapse in
regular appropriations beginning on or after the date
of enactment of this Act, on the regularly scheduled
pay dates of the covered employees.
(c) Termination.--Appropriations and funds made available and
authority granted under subsection (b) shall be available to the head
of an agency until whichever of the following first occurs:
(1) The enactment into law of appropriations for the agency
until the end of the applicable fiscal year (including a
continuing appropriation) that provide amounts for the purposes
for which amounts are made available under subsection (b).
(2) The enactment into law of appropriations for the agency
until the end of the applicable fiscal year (including a
continuing appropriation) without any appropriation for such
purposes.
(d) Limitation to Individuals Affected by a Shutdown.--Amounts
provided under subsection (b) may not be used for a purpose described
in subparagraph (A) or (B) of subsection (b)(1) for any portion of a
lapse in regular appropriations for which a covered employee is
provided with standard employee compensation, or a covered contractor
is provided payment for performance of the applicable contract,
respectively, using amounts other than amounts provided under
subsection (b).
(e) Interim Continuing Appropriations.--Appropriations made
available under subsection (b) may not be obligated by the head of an
agency during any period during which continuing appropriations for the
purposes for which amounts are made available under subsection (b) are
in effect for the agency.
(f) Charging to Future Appropriations.--Expenditures made pursuant
to subsection (b) shall be charged to the applicable appropriation,
fund, or authorization whenever an Act in which such applicable
appropriation, fund, or authorization is included is enacted into law.
(g) Limitation on Transfer Authority.--Notwithstanding any other
provision of law (including any appropriation Act), the amounts
provided under subsection (b)--
(1) shall be available solely for a purpose described in
subparagraph (A) or (B) of subsection (b)(1); and
(2) may not be transferred, reprogrammed, obligated, or
expended for any other purpose.
(h) Terms and Conditions.--
(1) In general.--For fiscal year 2027, and each fiscal year
thereafter, standard employee compensation, and payments to
covered contractors, provided by an agency using amounts
provided under subsection (b) shall be subject to the
requirements, authorities, conditions, and limitations
applicable with respect to the provision of standard employee
compensation, or payment to covered contractors, respectively,
by the agency under the Act that provided appropriations for
the agency to provide standard employee compensation, or
payment to covered contractors, respectively, immediately
before the lapse in regular appropriations.
(2) Fiscal year 2026.--For fiscal year 2026, standard
employee compensation, and payments to covered contractors,
provided by an agency using amounts provided under subsection
(b) shall be subject to--
(A) the requirements, authorities, conditions, and
limitations applicable with respect to the provision of
standard employee compensation, or payment to covered
contractors, respectively, by the agency under the
Continuing Appropriations Act, 2026 (division A of
Public Law 119-37); or
(B) if an Act is enacted after the date of
enactment of the Continuing Appropriations Act, 2026
(division A of Public Law 119-37) that provides
continuing appropriations for fiscal year 2026 for the
agency to provide standard employee compensation, or
payment to covered contractors, respectively, the
requirements, authorities, conditions, and limitations
applicable with respect to the provision of standard
employee compensation, or payment to covered
contractors, respectively, by the agency under that
subsequently enacted Act.
(i) Authorization To Obligate and Expend Funds.--Funds appropriated
by this Act may be obligated and expended notwithstanding section 15 of
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680) and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
(j) Rules of Construction.--
(1) Standard employee compensation.--This section shall be
construed to provide each covered employee with standard
employee compensation for the period of the lapse in regular
appropriations as if the covered employee was performing the
duties of the covered employee during the lapse in regular
appropriations.
(2) No change in agency responsibilities.--Nothing in this
section may be construed to require an agency to take any
action that the agency is not required to take under the terms
of a contract with a covered contractor during any period
during which there is not a lapse in regular appropriations.
(k) Agency Activities.--
(1) In general.--Covered employees and employees of covered
contractors shall perform their typical duties to the maximum
extent practicable during a lapse in regular appropriations.
(2) Other obligations or expenditures.--This section does
not authorize or necessarily imply that an agency or employee
may incur any obligations or expenditures that are not
explicitly authorized by this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Appropriations, and in addition to the Committees on Armed Services, Oversight and Government Reform, House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Appropriations, and in addition to the Committees on Armed Services, Oversight and Government Reform, House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Appropriations, and in addition to the Committees on Armed Services, Oversight and Government Reform, House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Appropriations, and in addition to the Committees on Armed Services, Oversight and Government Reform, House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Appropriations, and in addition to the Committees on Armed Services, Oversight and Government Reform, House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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