H.R. 7137

[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>