I 
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 appro-
priations, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 16, 2026 
Mr. JOHNSON of South Dakota (for himself, Mr. GOTTHEIMER, Mr. MAC-
KENZIE, 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 provi-
sions 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 Representa-
tives of the United States of America in Congress assembled, 
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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 sec-
tion 1341(c) of title 31, United States Code; 
(2) the term ‘‘covered contractor’’ means a con-
tractor— 
(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 dur-
ing a lapse in regular appropriations with 
respect to the agency to which the con-
tractor provides support, as described in 
clause (i), based on a determination by the 
head of that agency that incurring an obli-
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gation to pay for that support in advance 
of available appropriations would be per-
missible 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 em-
ployee or an employee performing emer-
gency work; or 
(ii) the individual was subject to fur-
lough; 
(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 appropria-
tions with respect to the applicable agency, 
performs active service or inactive duty 
training; and 
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(C) only includes an individual described in 
subparagraph (A) or (B) who was an employee 
or member on, or had accepted an offer of em-
ployment 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 ap-
plicable fiscal year are not in effect for the agency; 
and 
(5) the term ‘‘standard employee compensa-
tion’’ means, with respect to a covered employee, the 
standard rate of basic pay, allowances, pay differen-
tials, 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— 
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(A) standard employee compensation to 
covered employees of the agency with respect to 
the period of the lapse in regular appropria-
tions; 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 appropria-
tions, pursuant to the terms of applicable con-
tracts 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 com-
pensation to covered employees of the agency— 
(A) if there is a lapse in regular appropria-
tions 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 regu-
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larly scheduled pay dates of the covered employ-
ees. 
(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 pro-
vide 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 cov-
ered contractor is provided payment for performance of 
the applicable contract, respectively, using amounts other 
than amounts provided under subsection (b). 
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