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Big Government Burrito: A taste of the 2,309-pg Demcare/Student Loan Reconciliation Bill; Update: A tortilla shell fake-out

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By Michelle Malkin  •  March 14, 2010 10:24 PM

If the TARP bank bailout was a “crap sandwich,” the Democrats’ Student Loan Nationalization plan wrapped inside the latest version of the health care takeover is a Big Government Burrito.

The House Democrats’ 2,309-page reconciliation bill headed for House Budget Committee markup tomorrow has just been posted this evening and you can download the whole PDF file right here.

Or you can read it on Scribd thanks to the Senate Republicans.

The markup hearing will start at 3pm Eastern and will be broadcast on CSPAN – watch online right here.

Michael O’Brien of The Hill points out that “the bill is a procedural step, it DOES NOT make the substantive changes yet to the Senate’s bill.” These recommendations were first proposed in October by the House Ways and Means and Education and Labor Committees (so the public option is still in here).

Philip Klein reminds us that GOP Rep. Paul Ryan warned last week of the Dems’ strategy ramming this “shell” HC Bill through committee tomorrow. The budget committee approves the shell, sends it to the rules committee, then strips out the language and stuffs the actual reconciliation changes into the burrito, Klein explains. Klein lays it all out here.

Once the bill gets approved (likely Monday), Democrats will send this phantom bill over to the Rules Committee, where it will be stripped, and then they’ll insert in all of the actual changes that they’ve negotiated.

Why all of the theatrics?

Well, under the reconciliation rules in last year’s budget, any reconciliation bill would have to have been submitted to the Budget Committee by October 15, 2009. It just so happens that earlier versions of health care legislation cleared the Ways and Means and Education and Labor Committees last year. So Democrats just dusted that legislation off, and are using that as the vehicle to begin the reconciliation process. That’s why, for instance, if you look through the 2,309 page bill that was released Sunday night, you’ll find a public option, which leadership has indicated would not actually be in the final bill. (Interestingly, the student loan bill is also tacked on at the end.)

Just a “simple up or down vote,” remember?

In other words: What you see below is the tortilla shell fake-out.

More here: “House Democrats on Sunday night set into motion what they hope will be the final steps on healthcare reform. The House Budget Committee on Sunday evening released text that will serve as the base legislation for the changes the House will seek to the Senate bill this week. Specifically, the Budget committee released a 2,309-page effort that had been previously recommended to the Education and Labor Committee and Ways and Means Committee last year. The measure posted online does not include the substantive changes to the Senate healthcare bill that House Democrats will seek. Those changes will be offered during the markups in the Budget and Rules committees, which the budget panel hopes to begin on Monday afternoon. The House is expected to approve the Senate’s healthcare bill along with the package of changes. The Senate would then be expected to approve the package of changes under budget reconciliation rules.”

A small taste for you — the table of contents:

To provide for reconciliation pursuant to section 202 of the concurrent resolution on the budget for fiscal year 2010.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Reconciliation Act of 2010’’.

SEC. 2. TABLE OF CONTENTS.

The table of divisions is as follows:

DIVISION I—HOUSE COMMITTEE ON WAYS AND MEANS: HEALTH CARE REFORM
DIVISION II—HOUSE COMMITTEE ON EDUCATION AND LABOR: HEALTH CARE REFORM

DIVISION III—HOUSE COMMITTEE ON EDUCATION AND LABOR: INVESTING IN EDUCATION
DIVISION I—COMMITTEE ON WAYS AND MEANS: HEALTH CARE REFORM

SEC. 1. SHORT TITLE; TABLE OF SUBDIVISIONS, TITLES, AND SUBTITLES.

(a) SHORTTITLE.—This division may be cited as the ‘‘America’s Affordable Health Choices Act of 2009’’.

(b) TABLE OF SUBDIVISIONS, TITLES, AND SUB-TITLES.—This division is divided into subdivisions, titles, and subtitles as follows:

SUBDIVISION A—AFFORDABLE HEALTH CARE CHOICES
Title I—Protections and Standards for Qualified Health Benefits Plans
Subtitle A—General Standards
Subtitle B—Standards Guaranteeing Access to Affordable Coverage
Subtitle C—Standards Guaranteeing Access to Essential Benefits
Subtitle D—Additional Consumer Protections
Subtitle E—Governance
Subtitle F—Relation to other requirements; Miscellaneous
Subtitle G—Early Investments
Title II—Health Insurance Exchange and Related Provisions
Subtitle A—Health Insurance Exchange
Subtitle B—Public health insurance option
Subtitle C—Individual Affordability Credits
Title III—Shared responsibility
Subtitle A—Individual responsibility
Subtitle B—Employer Responsibility
Title IV—Amendments to Internal Revenue Code of 1986
Subtitle A—Shared responsibility
Subtitle B—Credit for small business employee health coverage expenses
Subtitle C—Disclosures to carry out health insurance exchange subsidies
Subtitle D—Other revenue provisions

SUBDIVISION B—MEDICARE AND MEDICAID IMPROVEMENTS
Title I—Improving Health Care Value
Subtitle A—Provisions related to Medicare part A
Subtitle B—Provisions Related to Part B
Subtitle C—Provisions Related to Medicare Parts A and B
Subtitle D—Medicare Advantage Reforms
Subtitle E—Improvements to Medicare Part D
Subtitle F—Medicare Rural Access Protections
Title II—Medicare Beneficiary Improvements
Subtitle A—Improving and Simplifying Financial Assistance for Low Income
Medicare Beneficiaries
Subtitle B—Reducing Health Disparities
Subtitle C—Miscellaneous Improvements
Title III—Promoting Primary Care, Mental Health Services, and Coordinated
Care
Title IV—Quality
Subtitle A—Comparative Effectiveness Research
Subtitle B—Nursing Home Transparency
Subtitle C—Quality Measurements
Subtitle D—Physician Payments Sunshine Provision
Subtitle E—Public Reporting on Health Care-Associated Infections
Title V—Medicare Graduate Medical Education
Title VI—Program Integrity
Subtitle A—Increased funding to fight waste, fraud, and abuse
Subtitle B—Enhanced penalties for fraud and abuse
Subtitle C—Enhanced Program and Provider Protections
Subtitle D—Access to Information Needed to Prevent Fraud, Waste, and Abuse
Title VII—Medicaid and CHIP
Subtitle A—Medicaid and Health Reform
Subtitle B—Prevention
Subtitle C—Access
Subtitle D—Coverage
Subtitle E—Financing
Subtitle F—Waste, Fraud, and Abuse
Subtitle G—Puerto Rico and the Territories
Subtitle H—Miscellaneous
Title VIII—Revenue-related provisions
Title IX—Miscellaneous Provisions

SUBDIVISION C—PUBLIC HEALTH AND WORKFORCE DEVELOPMENT
Title I—Community Health Centers
Title II—Workforce
Subtitle A—Primary care workforce
Subtitle B—Nursing workforce
Subtitle C—Public Health Workforce
Subtitle D—Adapting workforce to evolving health system needs
Title III—Prevention and Wellness
Title IV—Quality and Surveillance
Title V—Other provisions
Subtitle A—Drug discount for rural and other hospitals
Subtitle B—School-Based health clinics
Subtitle C—National medical device registry
Subtitle D—Grants for comprehensive programs To provide education to nurses
and create a pipeline to nursing
Subtitle E—States failing To adhere to certain employment obligations

The student loan nationalization add-on (part of the kiddie human shield strategy I diagnosed last week) starts on page 2098:

DIVISION III—HOUSE COMMITTEE ON EDUCATION AND LABOR: INVESTING IN EDUCATION

SECTION 1. SHORT TITLE.

This division may be cited as the ‘‘Student Aid and Fiscal Responsibility Act of 2009’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
TITLE I—INVESTING IN STUDENTS AND FAMILIES
Subtitle A—Increasing College Access and Completion
Sec. 101. Federal Pell Grants.
Sec. 102. College Access and Completion Innovation Fund.
Sec. 103. Investment in historically Black colleges and universities and other
minority-serving institutions.
Sec. 104. Investment in cooperative education.
Sec. 105. Loan forgiveness for servicemembers activated for duty.
Sec. 106. Veterans Educational Equity Supplemental Grant Program.
Subtitle B—Student Financial Aid Form Simplification
Sec. 121. General effective date.
Sec. 122. Treatment of assets in need analysis.
Sec. 123. Changes to total income; aid eligibility.
TITLE II—STUDENT LOAN REFORM
Subtitle A—Stafford Loan Reform
Sec. 201. Federal Family Education Loan appropriations.
Sec. 202. Scope and duration of Federal loan insurance program.
Sec. 203. Applicable interest rates.
Sec. 204. Federal payments to reduce student interest costs.
Sec. 205. Federal PLUS Loans.
Sec. 206. Federal Consolidation Loan.
Sec. 207. Unsubsidized Stafford loans for middle-income borrowers.
Sec. 208. Loan repayment for civil legal assistance attorneys.
Sec. 209. Special allowances.
Sec. 210. Revised special allowance calculation.
Sec. 211. Origination of Direct Loans at institutions located outside the United
States.
Sec. 212. Agreements with institutions.
Sec. 213. Terms and conditions of loans.
Sec. 214. Contracts.
Sec. 215. Interest rates.
Subtitle B—Perkins Loan Reform
Sec. 221. Federal Direct Perkins Loans terms and conditions.
Sec. 222. Authorization of appropriations.
Sec. 223. Allocation of funds.
Sec. 224. Federal Direct Perkins Loan allocation.
Sec. 225. Agreements with institutions of higher education.
Sec. 226. Student loan information by eligible institutions.
Sec. 227. Terms of loans.
Sec. 228. Distribution of assets from student loan funds.
Sec. 229. Implementation of non-title IV revenue requirement.
Sec. 230. Administrative expenses.
TITLE III—MODERNIZATION, RENOVATION, AND REPAIR
Subtitle A—Elementary and Secondary Education
Sec. 301. Definitions.
CHAPTER1—GRANTS FOR MODERNIZATION, RENOVATION, O REPAIR OF PUBLICSCHOOLFACILITIES
Sec. 311. Purpose.
Sec. 312. Allocation of funds.
Sec. 313. Allowable uses of funds.
Sec. 314. Priority projects.
CHAPTER2—SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, AND ALABAMA
Sec. 321. Purpose.
Sec. 322. Allocation to local educational agencies.
Sec. 323. Allowable uses of funds.
CHAPTER3—GENERAL PROVISIONS
Sec. 331. Impermissible uses of funds.
Sec. 332. Supplement, not supplant.
Sec. 333. Prohibition regarding State aid.
Sec. 334. Maintenance of effort.
Sec. 335. Special rule on contracting.
Sec. 336. Use of American iron, steel, and manufactured goods.
Sec. 337. Labor standards.
Sec. 338. Charter schools.
Sec. 339. Green schools.
Sec. 340. Reporting.
Sec. 341. Special rules.
Sec. 342. Promotion of employment experiences.
Sec. 343. Advisory Council on Green, High-Performing Public School Facilities.
Sec. 344. Education regarding projects.
Sec. 345. Availability of funds.
Subtitle B—Higher Education
Sec. 351. Federal assistance for community college modernization and construc-
tion.
TITLE IV—EARLY LEARNING CHALLENGE FUND
Sec. 401. Purpose.
Sec. 402. Programs authorized.
Sec. 403. Quality pathways grants.
Sec. 404. Development grants.
Sec. 405. Research and evaluation.
Sec. 406. Reporting requirements.
Sec. 407. Construction.
Sec. 408. Definitions.
Sec. 409. Availability of funds.
TITLE V—AMERICAN GRADUATION INITIATIVE
Sec. 501. Authorization and appropriation.
Sec. 502. Definitions; grant priority.
Sec. 503. Grants to eligible entities for community college reform.
Sec. 504. Grants to eligible States for community college programs.
Sec. 505. National activities.

Are you going to stand by and let Washington cram this thing down your throats?

Make your voices heard.

***

Why is this in a “health care reform” bill?!?!

P. 2227

SEC. 343. ADVISORY COUNCIL ON GREEN, HIGH-PERFORMING PUBLIC SCHOOL FACILITIES.

(a) ESTABLISHMENT OF ADVISORY COUNCIL.—The Secretary shall establish an advisory council to be known as the ‘‘Advisory Council on Green, High-Performing Public School Facilities’’ (in this section referred to as the ‘‘Advisory Council’’) which shall be composed of

(1) appropriate officials from the Department

of Education;

(2) representatives of the academic, architectural, business, education, engineering, environmental, labor, and scientific communities; and

(3) such other representatives as the Secretary deems appropriate.

(b) DUTIESOFADVISORYCOUNCIL.—

(1) ADVISORYDUTIES.—The Advisory Council shall advise the Secretary on the impact of green, high-performing schools, on—

(A) teaching and learning;
B) health;
(C) energy costs;
(D) environmental impact; and
(E) other areas that the Secretary and the Advisory Council deem appropriate.

(2) OTHER DUTIES.—The Advisory Council shall assist the Secretary in—

(A) making recommendations on Federal policies to increase the number of green, high- performing schools;

(B) identifying Federal policies that are barriers to helping States and local educational agencies make green, high-performing schools;

(C) providing technical assistance and out-reach to States and local educational agencies under section 339(d); and

(D) providing the Secretary such other assistance as the Secretary deems appropriate.

(c) CONSULTATION.—In carrying out its duties under subsection (b), the Advisory Council shall consult with the Chair of the Council on Environmental Quality and the heads of appropriate Federal agencies, including the Secretary of Commerce, the Secretary of Energy, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and the Administrator of the General Services Administration (through the Office of Federal High-Performance Green Buildings).

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