United States: Bipartisanship in Health Care Reform? Now That's a Novel Idea. (Beltway Buzz - Key Developments From Washington, D.C.)

No More Pencils, No More Books. Congress is out for summer. After confirming a slew of executive and judicial branch nominees yesterday, the Senate adjourned for August recess yesterday evening. Both the Senate and House (which was already on recess) will be out until September 5. Significantly, the Senate will gavel-in for pro forma sessions every few days, which, pursuant to the Supreme Court decision in Noel Canning, will prevent President Trump from making any recess appointments.

Bipartisanship in Health Care Reform? Now That's a Novel Idea. Like aftershocks following an earthquake, there have been rumblings in the wake of last week's dramatic failure of the Senate to pass Affordable Care Act (ACA) repeal-and-replace legislation. Among such rumblings are apparent bipartisan attempts to address threatened ACA subsidies and to help shore up the current ACA insurance market. These efforts are largely being headed by Senator Lamar Alexander (R-TN), the chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee, along with Senator Patty Murray (D-WA), who announced that they intend to hold bipartisan hearings in September. It is expected that much of the debate will focus on cost-sharing reductions (CSRs), the funding of which is currently uncertain. Separately, Representatives Tom Reed (R-NY) and Charlie Dent (R-PA) have also expressed a willingness to invite Democrats to join in a similar effort. Whether a true Kumbaya moment will materialize remains to be seen. Further complicating matters, the U.S. Court of Appeals for the District of Columbia Circuit ruled on Tuesday that state attorneys general can legally defend their states' CSRs in court—a decision that could make it harder for the Trump administration to unilaterally put an end to current funding levels for such CSRs. In light of the president's thinly-veiled threat to cut CSR funding and thereby allow the ACA to "implode," the decision could be significant; although the presidential threat could nonetheless complicate implementation of any bipartisan bill that might emerge. In the meantime, there are other important matters in the works—nominations, tax reform, raising the debt ceiling, government funding—and the clock continues to tick, tick, tick. (Hat tip to Stephanie A. Smithey, Timothy G. Verrall, and Richard C. Libert.)

New NLRB Member. On Wednesday, the Senate confirmed Marvin Kaplan as a member of the National Labor Relations Board (NLRB). Kaplan, whose confirmation was on a strict party-line vote of 50 to 48, will join fellow Republican and Chair, Philip A. Miscimarra, as well as Democrats Mark Gaston Pearce and Lauren M. McFerran. A vote on President Trump's other NLRB nominee, William Emanuel, has yet to be scheduled (though some media outlets are reporting that a vote on Emanuel won't occur until at least September). With Kaplan in place, the Board will be deadlocked 2–to–2, meaning that major reversals of Obama-era NLRB policies will likely have to await Emanuel's arrival. Meanwhile, the Board continues to issue interesting decisions.

New EEOC Nominee. On Wednesday, President Trump announced his intent to nominate Daniel M. Gade of North Dakota to the Equal Employment Opportunity Commission (EEOC). Gade was nominated for Commissioner Constance Barker's seat—a term that will expire on July 1, 2021. Gade is a graduate of the United States Military Academy and holds an M.P.A. and Ph.D. in public administration and policy from the University of Georgia. Gade led platoons in Iraq in 2004 and 2005 and was wounded twice—resulting in the loss of his right leg. Interestingly, Gade is an outspoken critic of the payment of disability benefits to wounded veterans, claiming that they create a disincentive for wounded veterans to achieve self-sufficiency. More on Gade here. You may recall that President Trump has also nominated Janet Dhillon to serve as Chair of the EEOC. At this time, neither Gade nor Dhillon have their confirmation hearings scheduled.

New OSHRC Commissioners. On Thursday, the Senate confirmed the nominations of Heather MacDougall (recently the acting chair of the Occupational Safety and Health Review Commission (OSHRC)) and James Sullivan (an attorney who recently co-chaired the Occupational Safety and Health Law Committee of the American Bar Association's labor law section) to the OSHRC. They will join Cynthia L. Attwood on the Commission.

Immigration Legislation. Seven months into the administration, much of the discussion around immigration policy has focused on executive orders and potential regulations. That changed on Wednesday, when Senators Tom Cotton (R-AR) and David Perdue (R-GA), alongside President Trump, introduced the Reforming American Immigration for a Strong Economy (RAISE) Act. Elizabeth Marie Henderson has the details. Sponsors of the RAISE Act claim that by attracting high-skilled immigrants and reducing the supply of lower-skilled immigrants, the bill will make the U.S. economy more competitive and raise the wages (get it?) of current U.S. workers. Opponents of the bill disagree, arguing that reducing immigration will not lead to economic prosperity. The bill faces an uphill battle in the Senate but could play a role in future policy debates on immigration.

Hot Air in the White House (Literally). Although President Trump recently described the White House as a "real dump," he can't complain about one amenity that more than half of his predecessors did not enjoy: air conditioning (even though it might not be top notch). These days, it's hard to imagine living and working in Washington, D.C. without air conditioning. But with central A/C not appearing in the White House until 1930, many previous presidents were forced to come up with creative ways to beat the heat in D.C.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.