The Senate recessed Tuesday evening, December 9, for the rest of the year without voting on the conference report (H. Rept. 108-401) to the FY 2004 omnibus appropriations package (H.R. 2673). Senate Majority Leader Bill Frist had hoped to pass the measure by unanimous consent, but an objection was raised by Senate Democratic Leader Tom Daschle (S.D.). Therefore, Senator Frist, who had promised Senators that no roll call votes would occur after Thanksgiving, filed a cloture motion to limit debate on the measure, and a vote on the motion is scheduled for 3:00 p.m. on Tuesday, January 20, 2004 - the day that the second session of the 108^th Congress reconvenes. The House adopted the conference report on Monday, December 8. A continuing resolution will keep government operations running at FY 2003 levels until the end of January.

U.S. Department of Education Releases Special Education Rule

The U.S Department of Education issued final regulations Tuesday, December 9 on how special education students with the most severe cognitive disabilities will be included in adequate yearly progress (AYP). The regulations say that states may use alternate achievement standards for students with the most severe cognitive disabilities. States and school districts can include the "proficient" and "advanced" scores of students who take assessments based on alternate standards in AYP, as long as the number of those proficient and advanced scores does not exceed one percent of all students in the grades tested. This cap does not limit the number of students taking assessments based on alternate achievement standards. States may apply for exceptions to exceed the one percent cap by submitting an application to the Secretary. Details related to the process and the deadline for submitting applications are not yet provided. The regulation will take effect in 30 days.

To view the final language and additional background materials also provided by the Department, please visit http://www.ed.gov/news/pressreleases/2003/12092003.html

Currently, the Department is working on ways to address limited English proficient students (LEP) and how they will be included in meeting AYP under the No Child Left Behind Act.

Governor Guinn Announces Statewide Amber Alert Plan Committee

On Thursday, December 11, Governor Kenny Guinn announced the creation of the Nevada Statewide Amber Alert Plan committee. During the last legislative session, Assembly Bill 322 created the statewide alert system for the safe return of abducted children. AB 322 requires the Governor to appoint five members who represent local law enforcement agencies and five members who represent state law enforcement agencies. The Nevada Broadcasters Association appoints two additional members of the committee. One must represent the association and one must represent the state's Emergency Alert System. Bob Fisher, President of the Nevada Broadcasters Association will serve as Chairman. Adrienne Abbot, State Chair of the Emergency Alert System will also serve on the commission.

The Amber Alert is a critical missing child response program that utilizes the resources of law enforcement and media to notify the public when children are kidnapped by predators. Although the scope of the Amber Alert varies, the criteria for activation are fairly consistent. Whether it is a local, regional or statewide program, law enforcement activates an Amber Alert by notifying broadcast media with relevant identifying and case information.

For more information on Nevada's Amber Alert plan, visit: http://amberalert.nv.gov/

U.S. Department of Health and Human Services Displays Medicare Prescription Drug Discount Card Interim Final Rule

The U.S. Department of Health and Human Services (HHS) put on display the Medicare Prescription Drug Discount Card interim final rule at the Office of the Federal Register. This rule will be published in the Federal Register on Monday, December 15. The Medicare Prescription Drug bill that was signed into law by the President on Monday, December 8, contained a provision that creates a temporary prescription drug discount card that will take effect within the next six months and that will last until the actual Medicare drug benefit begins on January 1, 2006. HHS estimates that these cards, which will be available to all Medicare beneficiaries who do not already have Medicaid or employer-sponsored drug coverage, can save beneficiaries up to 10 percent to 15 percent on their total prescription drug costs. Low-income beneficiaries also will receive $600 in subsidies in addition to discounted prices.

U.S. Department of Health and Human Services Issues Interim Final Rule on Smallpox Vaccine Compensation Program

On Friday, December 12, U.S. Secretary of Health and Human Services (HHS) Tommy G. Thompson announced an interim final rule that implements a law passed by Congress earlier this year to identify and compensate people injured as a result of receiving a smallpox vaccine or of coming into contact with someone who has. Funded at $42 million, the program provides financial and medical benefits to eligible members of an HHS-approved smallpox emergency response plan who are injured by the vaccine. The interim rule will be published in December 16 Federal Register and will be effective immediately.

Claimants can locate forms and information online. Further information on the program can be obtained from HHS' Health Resources and Services Administration, 1-888/496-0338 or smallpox@hrsa.gov.

Senate Confirms Members of Election Assistance Commission

On Tuesday, December 10, the Senate confirmed by voice vote its four nominees to the Election Assistance Commission, thereby alleviating a logjam and allowing the distribution of $830 million in FY 2003 federal grants to states for implementation of the 2002 election overhaul law. The commission is charged with distributing funding to states as authorized under the Help America Vote Act, and to serve as a clearinghouse for information on and testing/certification of voting equipment.

The omnibus appropriations package, which the Senate is expected to vote on in January, contains $1.5 billion for states' election reform efforts.

For this week's Federal Grant notifications, please visit our website at: www.sso.org/nevada

The House and Senate have adjourned for the year. The 108th Congress will reconvene on Tuesday, January 20, 2004. This will be the last weekly Washington/Nevada newsletter until after the holidays. If you have any questions, please feel free to email me at acarrigan@sso.org