Opinion

Stories I’d like to see

Finding Obamacare’s authors; assessing J&J’s CEO culpability; and grading Chris Christie

Steven Brill
Nov 12, 2013 11:48 UTC

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.

Breaking procurement rules to fix Healthcare.gov, the Red Cross and Sandy, and Westerners choking in China

Steven Brill
Oct 29, 2013 13:27 UTC

1. Breaking procurement rules to fix Healthcare.gov?

In the weeks immediately following the failure of the federal government’s Obamacare exchange website, policy wonks who were inclined to attach larger meaning to the fiasco than the simple incompetence of those in charge pointed to how difficult and time-consuming government procurement is.

That’s why, according to this rationale, the same folks who were so inventive and effective in building campaign websites and mounting digital donation and get-out-the-vote campaigns couldn’t do the same when it came to launching their president’s highest-priority governing initiative.

Well, if the government’s rules are so constricting that nothing can be done leanly or quickly, how is it that the president was able to hire a new Healthcare.gov czar, Jeffrey Zients, last Tuesday, and have him on the job that afternoon — whereupon within 48 hours he had in turn hired Quality Software Services, Inc. to be the general contractor overseeing all the fixes?

Teflon Tim Geithner, and profiling the Center for Responsive Politics

Steven Brill
Jul 9, 2013 13:06 UTC

1.  Teflon Tim and the Obama Keystone Cops:

Did the First Amendment get amended when I wasn’t watching so that freedom of the press is guaranteed except when it comes to writing about Timothy Geithner?

What else could explain how the former Treasury Secretary’s name could not be found in any of the stories last week about the Obama administration’s decision to postpone for a year the Obamacare requirement that employers with 50 or more employees must provide health insurance or pay a penalty of $2,000 per employee?

The explanation for the postponement was that the rules, instructions, and reporting forms necessary to implement the requirement could not be written in time. The Treasury Department has responsibility for that paperwork and has had three years and three months to get it done. Geithner was in charge of Treasury for all but five of those 39 months.

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