House Democratic leaders on Tuesday released the text of a second fiscal year 2020 stopgap appropriations measure, with this CR expected to last from midnight November 21 to midnight December 20, according to Jeff Davis of The Eno Group. Aside from keeping the federal government operating at prorated FY 2019 levels past midnight Thursday (tomorrow), the legislation would repeal the $7.569 billion rescission of highway contract authority scheduled to take place on July 1, 2020, by section 1438 of the FAST Act.

Section 1702 of the draft bill states, “Section 1438 of the FAST Act (Public Law 114–94; 129 Stat. 1432) is repealed” and changes the FAST Act table of contents correspondingly. Title VIII of the bill also declares that neither the OMB nor the Senate shall score the budgetary effects of the bill on the “scorecard,” so any outlay consequences of the rescission repeal (if they are found to exist) will not be counted toward budget totals.

The provision of the bill repealing the rescission still violates several points of order under the Budget Act, as well as House and Senate budget rules, but the looming federal government shutdown affords House lawmakers the ability to “dare” opponents of the repeal to elevate the issue to the point where opposition of the appeal could result in a large-scale government shutdown.

In anticipation (and in strong opposition to) the rescission of the highway contract authority, the Transportation Construction Coalition, sent a letter to House Leadership last Friday strongly urging repeal of the rescission. The rescission of this contract authority, the Associations reasoned, would adversely impact all 50 states and the District of Columbia. Click here to see the letter.

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