1. Finding the folks who wrote Obamacare:
As I report a story I am writing about Obamacare, it’s become clear to me that — as we are already seeing with the controversy over people getting their insurance plans dropped — there are all kinds of issues related to provisions in the massive law that are bound to get lots more attention once the website is working. A few weeks ago in this column, for example, I mentioned the as-yet-little-noticed high penalties that smokers will have to pay.
As with the smoking penalty, many of these issues are related to narrow provisions that are hard to spot in a 906-page law. But as someone who has now read those 906 pages I can also report that, in addition to the substantive issues likely to become bigger deals as the law is implemented, there are also potholes soon to come because the law is filled with inconsistencies, gaps, and just plain wording errors. More generally, even for legal writing, it’s badly constructed and seems written to torment even someone who is used to reading legislation.
With that in mind, I recently asked a senior Senate staff person who was heavily involved in designing the law who the person or persons who actually wrote it are, and how I might track them down for an interview. His answer: “Senate Legislative Counsel. They don’t talk to anyone.”
Actually, it’s called the Senate Office of the Legislative Counsel. And here’s how it describes itself on its website:
The Office of the Legislative Counsel provides legislative drafting services for the Committees and Members of the United States Senate. The Office is strictly nonpartisan and refrains from formulating policy. Legislative drafters strive to turn every request into clear, concise, and legally effective legislative language.