THE DAILY WHIP: THURSDAY, OCTOBER 12, 2017

Complete Consideration ofS. 585 – Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 (Sen. Johnson – Oversight and Government Reform)(One Hour of debate). This bill seeks to strengthen protections for lower-level federal whistleblowers.  It requires agency heads to propose suspensions of at least three to five days for first offenses and termination for second offenses if an agency head, administrative law judge, Merit Systems Protection Board, a federal judge, or Inspector General finds that supervisors retaliated against whistleblowers. The bill also reduces the length of notice requirement for proposed disciplinary action for thirty to fourteen days, and eliminates the option to hold hearings if supervisors contest a proposed disciplinary action.  The Office of Personnel Management (OPM) has expressed concern that this and other provisions may not withstand constitutional scrutiny if challenged in court.  In Cleveland Board of Education v. Loudermill, the Court ruled that agencies must notify employees of factors they will consider regarding the penalties and provide employees with meaningful opportunities to respond, in order to comply with Due Process protections. 

The Rule, which was adopted yesterday, provides for one hour of general debate equally divided between the Chair and Ranking Member of the Committee on Oversight and Government Reform.
Suspension (1 bill)

1. House Amendment to the Senate Amendment to H.R. 2266– Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2017. 
   
   This legislation provides $36.5 billion in emergency supplemental appropriations in response to the damage caused by Hurricanes Harvey, Irma, and Maria, and wildfires in California, as well as debt forgiveness for the National Flood Insurance Program (NFIP).  $18.7 billion is allocated to the Federal Emergency Management Agency (FEMA) Disaster Relief Fund.  The FEMA Disaster Relief Fund allocation includes a provision that would give Puerto Rico access to $4.9 billion in low-interest loans in order to prevent the territory from running out of cash during its recovery.  An additional $1.27 billion is allocated to the Supplemental Nutrition Assistance Program to meet increased food needs in Puerto Rico as a result of the storms. The bill includes $576.6 million, equal to the President’s request, for fighting wildfires.  $16 billion is allocated to forgive a portion of NFIP’s debt, which also matches the President’s request, so that the program does not hit its borrowing cap and is able to pay claims resulting from Hurricanes Harvey, Irma and Maria.

While it is essential to provide funding to address these emergency issues, House Republicans failed to include funding for the Puerto Rico and U.S. Virgin Islands Medicaid programs.  It is essential that Republicans include funding for these services in the next round of emergency assistance which is expected in the coming weeks.

Motion to Go to Conference on H.R. 2810 – National Defense Authorization Act for Fiscal Year 2018, and Democratic Motion to Instruct Conferees