Shutdown: Deal Elusive, RIFs to Proceed, Flight Delays Escalate
Momentum in Congress toward ending the government shutdown is stalling, as Democrats stand firm following the Democratic victories in Tuesday’s elections, including the governor’s races in New Jersey and Virginia.
Democratic sources tell The Hill they do not expect a bipartisan deal to reopen the government this week. There had been a deal emerging between centrists in the Senate before the election.
“It would be very strange if on the heels of the American people rewarding Democrats for standing up and fighting, we surrendered without getting anything,” said Senator Chris Murphy (D-CT). “I think we are in an enormously strong position right now.”
Democrats are insisting that any deal to reopen the federal government include an extension on the Affordable Care Act (ACA) subsidies. Republicans say they will not negotiate on the subsidies until the government is reopened.
President Trump blamed the election losses on the government shutdown and again urged Republicans in the Senate to do away with the filibuster, something Senate Republicans have rejected.
However, some Republicans like Senator Josh Hawley (R-MO), are pushing for leadership of both parties to start talking.
“I’m worried that this morning I hear a lot of my Democrat colleagues now saying, ‘We think we’re winning. … We think this is great for us,’” said Senator Hawley. “It’s not great for anyone in the country.”
The shutdown is the longest in U.S. history. Federal workers are on track to miss a second paycheck at the end of the week.
Certain Layoffs Proceeding Despite Court Order
Agencies are proceeding with job cuts announced during the shutdown, despite a federal judge’s order barring certain reductions in force (RIFs) while the shutdown is ongoing.
The Department of Homeland Security (DHS) says it is proceeding with layoffs at the Cybersecurity and Infrastructure Security Agency (CISA), arguing that the RIF notices to 54 employees were sent two weeks before the injunction was issued.
The employees on the termination list work across CISA’s Stakeholder Engagement Division, which includes branches focused on partnerships, international affairs and academic outreach. CISA says no union employees are impacted.
And the Department of Commerce and the Department of Health and Human Services (HHS) say the preliminary injunction only covers some of the RIF notices issued at those agencies.
At Commerce, a filing shows that 170 of its RIF notices are not covered by the court’s preliminary injunction. HHS says 150 of the RIF notices (about 15 percent) fall outside the injunction.
The court order prohibited the issuing of RIF notices to employees in any program, project or activity that includes any bargaining unit or member represented by eight unions who are leading the lawsuit.
FAA to Cut Flights
The Federal Aviation Administration (FAA) says it will start cutting thousands of flights across the country, unless the shutdown is resolved.
About ten percent of flights will be cut at 40 major airports across the country starting Friday morning, including in New York, Atlanta, Washington, and Los Angeles.
"Our sole role is to make sure that we keep this airspace as safe as possible. Reduction in capacity at 40 of our locations. This is not based on light airline travel locations. This is about where the pressure is and how to really deviate the pressure," said FAA Administrator Bryan Bedford.
The FAA was already forced to delay and cancel hundreds of flights over the past month due to an increasing number of air traffic controllers calling out sick, as the shutdown persists.
"What you're seeing is a lot of people who are truly having to call in sick to go earn money elsewhere," said one air traffic controller who works at a facility in the Midwest to NPR.