No Signs of Progress Seen on Ending Federal Shutdown
Wednesday saw no signs of progress on an agreement to end the impasse on border wall funding between Capitol Hill and President Donald Trump that led to a shutdown of parts of the federal government (see 1812210048). Trump and congressional Democrats weren't directly negotiating but staff-level discussions continue, Hill aides said. Congress is set to reconvene Thursday afternoon, but neither the House nor Senate had scheduled votes.
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Trump told reporters Wednesday he's willing to wait as long as necessary to get Democrats to agree to the more than $5 billion he sought for border funding. "Whatever it takes," he said. House Minority Leader and likely next Speaker Nancy Pelosi, D-Calif., "is calling the shots." A spokesperson for outgoing Speaker Paul Ryan, R-Wis., emailed that the White House "is engaged in talks with Senate Democrats, and when the Senate acts, the House will be prepared to follow."
The shutdown dispute continues to threaten a Senate confirmations package of Trump nominees that could include FCC Commissioner Brendan Carr and Democratic FCC nominee Geoffrey Starks. Senate leaders intended to advance the two nominees as a pair. Senate leaders were actively pursuing including Carr and Starks in an end-of-year confirmations package since the end last week of two holds preventing Carr's advancement (see 1812200060), two aides said. But a move to those confirmations is expected to happen only once there's an agreement to end the shutdown, aides said. Trump would need to renominate Carr and Starks in 2019 if they're not confirmed by the end of this year.
Asked how a prolonged shutdown might affect its electronic comment filing system, the FCC emailed that if the shutdown goes beyond Jan. 2, it will put out a public notice explaining "what will and what will not be available." That will include information on the 28 GHz auction, which is scheduled to restart next week, a spokesman said.
Every government office has relatively effective standard practices for predictable short-term closings like holidays and weekends, but a budgetary shutdown is "far more chaotic," said Charles Tiefer, University of Baltimore law professor and former House deputy general counsel. In a furlough, staff "inevitably lose much ground" on projects, especially the longer the furlough goes, he said. "It's just a mess," Tiefer said.
Among looming concerns, the already delayed “year-end” meeting of the FCC's Technological Advisory Council is scheduled for Jan. 14. The next FCC meeting is Jan. 30, which means that under normal conditions items would circulate Jan. 9.
The federal courts system will stay open and operate at least through Jan. 11 using court fee balances and other funds not dependent on a new appropriation, it said last week. "Most proceedings and deadlines will occur as scheduled," it said. If the shutdown goes longer than that, it said, the courts would operate under the Anti-Deficiency Act, which allows them to continue under a gap in appropriations if necessary. It said in that case, individual courts and federal defenders' offices would decide the staffing levels necessary.
The Patent and Trademark Office remains in “normal operating status” during the federal government shutdown, said the agency’s website. PTO has access to “prior-year fee collections,” which will enable it to continue normal operations for a “few weeks,” it said. If that money dries up before the shutdown ends, PTO would need to cease operations, though “a small staff would continue to work to accept new applications and maintain IT infrastructure,” it said.