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This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force.

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Spurred in part by occasional warnings of potential terrorist threats in the post- 9/11 era, some policymakers have intensified their focus on continuity of operations (COOP) issues. COOP planning is a segment of federal government contingency planning linked to continuity of government (COG). Together, COOP and COG are designed to ensure survival of a constitutional form of government and the continuity of essential federal functions. This report focuses primarily on executive branch COOP activities.

This report briefly discusses the political and economic conditions of Argentina, as well as its relationship with the U.S.

The budget report of the Congressional Budget Office (CBO), The Budget and Economic Outlook: Fiscal Years 2006-2015 (January 25, 2005), included baseline estimates (assuming current policies) for FY2005 through FY2015. Under the baseline assumptions, CBO estimated a FY2006 deficit of $295 billion (2.3% of gross domestic product [GDP]). This is smaller than CBO’s FY2005 baseline deficit estimate ($368 billion, 3.0% of GDP). CBO’s baseline estimates do not include assumptions about possible future legislation that may increase or decrease spending or receipts and therefore change the deficit. The baseline assumptions assume the continuation of current law, including that laws changing the level of future revenues or outlays will go into effect as scheduled.

This report addresses Congress’ oversight authority over individual federal judges or Supreme Court Justices. Congressional oversight authority, although broad, is limited to subjects related to the exercise of legitimate congressional power. First the report addresses the general powers and limitations on Congress’ oversight authority. Second, the report examines the Senate approval process for the nominations of individual judges or Justices, and the Senate’s ability to obtain information on judges or Justices during that process. The report also considers the limits of existing statutory authority for judicial discipline and how Congress has influenced such procedures. It discusses the issue of how far the congressional investigatory powers can be exercised regarding possible judicial impeachments. Finally, it treats investigations regarding the individual actions of a judge outside of the above contexts, such as how a judge imposes sentences under the United States Sentencing Guidelines.

The House passed H.R. 6, the Energy Policy Act of 2005, on April 21, 2005 (249-183). The legislation includes a “safe harbor” provision to protect methyl tertiary-butyl ether (MTBE) refiners from product liability suits, which was retained after a close vote on an amendment to drop the language (213-219). In the 108th Congress, there was opposition to this provision in the Senate. It is unclear how its inclusion may affect Senate passage of an energy bill in the 109th Congress. House Republicans have indicated that a compromise will be sought to satisfy the other body. Language in the House-passed bill would also authorize opening of the Arctic National Wildlife Refuge (ANWR) to exploration and development. An amendment to delete the ANWR provisions from H.R. 6 was defeated (200-231).

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On March 1, 2005, the Supreme Court handed down its decision in Cherokee The nation of Oklahoma v. Leavitt. The conflicts in the case (actually two consolidated cases) involved federal agencies’ duty to fund contract support costs for contracts with Indian tribes under the Indian Self-Determination and Education Assistance Act (ISDA).

This is one report in the series of reports that discus the Budget Reconciliation- Medicaid, Medicare, and SCHIP Provisions. These are some of the issues discussed in this report: Medicaid Outpatient Prescription Drugs, Long-Term Care under Medicaid, Fraud, Waste, and Abuse, State Financing and Medicaid, Improving the Medicaid and State Children’s Health Insurance Programs, Medicare Advantage, and other Medicare Provisions.

In FY1998, federal budget receipts exceeded outlays for the first time since 1969. Those surpluses continued through FY2001. At one time, those surpluses had been projected to continue, but conditions have since changed. The economy went into recession in 2001, and a stimulus package was enacted. Since then, the budget has been in deficit. The actual unified budget deficit for FY2004 was $412.1 billion. In January 2005, the Congressional Budget Office projected that there would be a budget deficit of $368 billion in FY2005, and a deficit of $295 billion in FY2006.

This report includes a brief description regarding funding for the arts and humanities as a perennial issue in Congress. Although arts funding represents less than 1% of the Bush Administration’s FY2006 total estimated budget authority, Congress continues to address the concern of whether federal funding is crucial to sustain arts institutions.

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Congressional policymakers are seeking a way to accelerate the nation’s transition to digital television and to expedite the transfer of certain radio frequency channels from the broadcast industry to public safety and commercial users no later than 2009.

This report presents a profile of the membership of the 109th Congress. Statistical information is included on selected characteristics of Members. This includes data on party affiliation; average age and length of service; occupation; religious affiliation; female and minority Members; foreign-born Members; and military service.

Report on the termination of U.S. tobacco farm price supports and the ripple effects of this decision, including payments to quota holders, producers, lump sum payments, imports, and more.

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A dozen major statutes form the legal basis for the programs of the Environmental Protection Agency (EPA). Many of these have been amended several times. The current provisions of each are briefly summarized in this report. The Pollution Prevention Act (PPA) seeks to prevent pollution through reduced generation of pollutants at their point of origin. The Clean Air Act (CAA) requires EPA to set mobile source limits, ambient air quality standards, hazardous air pollutant emission standards, standards for new pollution sources, and significant deterioration requirements; and to focus on areas that do not attain standards.

The Endangered Species Act (ESA)1 receives significant congressional attention. The associated power and reach of its comprehensive protection for species identified as endangered or threatened with extinction has ignited concern that there be appropriate bounds on this power. The following discussion provides an overview and background on the various features of the ESA that contribute to its stature and yet spark an ongoing debate over its implementation.

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