I 
119TH CONGRESS 
2D SESSION 
H. R. 7322 
To provide for appropriations to pay Federal employees and contractors 
during periods of lapses in appropriations in fiscal year 2026, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 2, 2026 
Mr. WALKINSHAW (for himself, Mr. BEYER, Ms. NORTON, Mr. RASKIN, Mr. 
SUBRAMANYAM, Mr. MFUME, and Mr. VINDMAN) introduced the following 
bill; which was referred to the Committee on Oversight and Government 
Reform, and in addition to the Committees on Appropriations, House Ad-
ministration, the Judiciary, and Armed Services, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for appropriations to pay Federal employees and 
contractors during periods of lapses in appropriations 
in fiscal year 2026, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘True Shutdown Fair-
ness Act’’. 
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SEC. 2. PAYMENT OF EMPLOYEES AND CONTRACTORS DUR-
ING SHUTDOWNS. 
(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 District of Columbia 
public employer described in clause (i) or (ii) of 
section 1341(c)(1)(B) of title 31, United States 
Code (as in effect on the day before the date of 
enactment of this Act); 
(2) the term ‘‘contract employee’’ means an em-
ployee of a contractor for whom a lapse in regular 
appropriations could suspend, delay, or interrupt 
(or, if there is an ongoing lapse in regular appro-
priations on the date of enactment of this Act, for 
whom the lapse in regular appropriations suspended, 
delayed, or interrupted) all or part of the work of 
the applicable contract, or could stop (or stopped) all 
or part of the work called for in that contract, in-
cluding— 
(A) a service employee, as defined in sec-
tion 6701(3) of title 41, United States Code, 
except that an individual covered under this 
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subparagraph includes an individual described 
in subparagraph (C) of such section 6701(3); 
(B) a laborer or mechanic with respect to 
whom section 3142 of title 40, United States 
Code, applies; and 
(C) an employee of a business concern that 
holds a contract, subcontract, or other agree-
ment with an agency that provides for services 
or supplies, including a service contract under 
chapter 67 of title 41, 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 September 30, 2026— 
(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 
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(A) suspended, delayed, or interrupted all 
or part of the work under that contract; 
(B) stopped all or any part of the work 
called for in the contract; or 
(C) with respect to a lapse in regular ap-
propriations beginning after the date of enact-
ment of this Act, could take an action described 
in subparagraph (A) or (B). 
(3) REASONABLE COSTS DESCRIBED.—Reason-
able costs described in this paragraph are costs actu-
ally incurred by the applicable contractor— 
(A) to provide standard employee com-
pensation for the period of the applicable lapse 
in regular appropriations, at the standard rate 
of compensation, to any contract employee em-
ployed by the contractor who, as a result of 
that lapse in regular appropriations— 
(i) was furloughed or laid off; 
(ii) was otherwise not working; 
(iii) experienced a reduction of hours; 
or 
(iv) experienced a reduction in com-
pensation; or 
(B) to restore paid leave taken by any con-
tract employee described in subparagraph (A) 
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during the applicable lapse in regular appro-
priations, if the contractor required or per-
mitted employees of the contractor to use paid 
leave as a result of that lapse in regular appro-
priations. 
(4) EVIDENCE.—A contractor seeking an ad-
justment under paragraph (1) shall provide the head 
of the applicable agency any evidence of the reason-
able costs incurred by the contractor described in 
paragraph (3) as the head of the agency, in con-
sultation with the Administrator of the Office of 
Federal Procurement Policy, considers appropriate. 
(d) 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 fiscal year 2026 (in-
cluding 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 fiscal year 2026 (in-
cluding a continuing appropriation) without any ap-
propriation for such purposes. 
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(e) 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 con-
tractor is provided payment to provide a contract employee 
with standard employee compensation, respectively, using 
amounts other than amounts provided under subsection 
(b). 
(f) INTERIM CONTINUING APPROPRIATIONS.—Appro-
priations made available under subsection (b) may not be 
obligated by the head of an agency during any period dur-
ing which continuing appropriations for the purposes for 
which amounts are made available under subsection (b) 
are in effect for the agency. 
(g) CHARGING TO FUTURE APPROPRIATIONS.—Ex-
penditures made pursuant to subsection (b) shall be 
charged to the applicable appropriation, fund, or author-
ization whenever an Act in which such applicable appro-
priation, fund, or authorization is included is enacted into 
law. 
(h) LIMITATION ON TRANSFER AUTHORITY.—Not-
withstanding any other provision of law (including any ap-
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propriation Act), the amounts provided under subsection 
(b)— 
(1) shall be available solely for a purpose de-
scribed in subparagraph (A) or (B) of subsection 
(b)(1); and 
(2) may not be transferred, reprogrammed, ob-
ligated, or expended for any other purpose. 
(i) TERMS AND CONDITIONS.—For fiscal year 2026, 
standard employee compensation provided to covered em-
ployees, and payments to contractors to provide standard 
employee compensation to contract employees, provided by 
an agency using amounts provided under subsection (b) 
shall be subject to— 
(1) the requirements, authorities, conditions, 
and limitations applicable with respect to the provi-
sion of standard employee compensation, or payment 
to contractors, respectively, by the agency under the 
Continuing Appropriations Act, 2026 (division A of 
Public Law 119–37); or 
(2) if an Act is enacted after the date of enact-
ment 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 compensa-
tion, or payment to contractors, respectively, the re-
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quirements, authorities, conditions, and limitations 
applicable with respect to the provision of standard 
employee compensation, or payment to covered con-
tractors, respectively, by the agency under that sub-
sequently enacted Act. 
(j) AUTHORIZATION TO OBLIGATE
AND EXPEND 
FUNDS.—Funds appropriated by this section may be obli-
gated 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 Secu-
rity Act of 1947 (50 U.S.C. 3094(a)(1)). 
(k) RULES OF CONSTRUCTION.— 
(1) STANDARD
EMPLOYEE
COMPENSATION.— 
This section shall be construed to provide each cov-
ered employee and contract employee with standard 
employee compensation for the period of the lapse in 
regular appropriations as if the covered employee or 
contract employee was performing the duties of the 
covered employee or contract employee during the 
lapse in regular appropriations. 
(2) NO
CHANGE
IN
AGENCY
RESPONSIBIL-
ITIES.—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 
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during any period during which there is not a lapse 
in regular appropriations. 
(l) AGENCY ACTIVITIES.— 
(1) IN GENERAL.—Covered employees and con-
tract employees 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 obliga-
tions or expenditures that are not explicitly author-
ized by this section. 
SEC. 3. LIMITATION ON REDUCTIONS IN FORCE. 
(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 District of Columbia 
public employer described in clause (i) or (ii) of 
section 1341(c)(1)(B) of title 31, United States 
Code (as in effect on the day before the date of 
enactment of this Act); and 
(2) the term ‘‘lapse in regular appropriations’’, 
with respect to an agency, means any period during 
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