Major amendments to the Clean Air Act were among the first items on the agenda of the 109th Congress, with S. 131 (the Clear Skies Act) scheduled for markup by the Senate Environment and Public Works Committee March 9. The most prominent air quality issues discussed in this report are; Clear Skies / Multi-Pollutant Legislation, Mercury from Power Plants, New Source Review (NSR), MTBE and Ethanol, Ozone Nonattainment Area Deadlines, and Conformity of Transportation Plans and SIPs.

This report addresses Freedom of Information Act (FOIA) Amendments of 109th Congress.

The Deepwater program is a $24-billion, 25-year acquisition program to replace or modernize 93 Coast Guard ships and 207 Coast Guard aircraft. The Coast Guard’s FY2006 budget requests $966 million for the program. Some Members of Congress have strongly criticized the Deepwater program on several grounds. The House version of H.R. 2360, the FY2006 Department of Homeland Security (DHS) appropriations bill, reduces the FY2006 Deepwater funding request to $500 million; the Senate version reduces it to $905.6 million.

The full funding policy is a federal budgeting rule imposed on DOD by Congress in the 1950s that requires the entire procurement cost of a weapon or piece of military equipment to be funded in the year in which the item is procured. Although technical in nature, the policy relates to Congress’ power of the purse and its responsibility for conducting oversight of Department of Defense (DOD) programs. Support for the policy has been periodically reaffirmed over the years by Congress, the Government Accountability Office, and DOD.

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).

The full funding policy is a federal budgeting rule imposed on DOD by Congress in the 1950s that requires the entire procurement cost of a weapon or piece of military equipment to be funded in the year in which the item is procured. Although technical in nature, the policy relates to Congress’ power of the purse and its responsibility for conducting oversight of Department of Defense (DOD) programs. Support for the policy has been periodically reaffirmed over the years by Congress, the Government Accountability Office, and DOD.

The Navy’s FY2006 budget proposes retiring the conventionally powered aircraft carrier John F. Kennedy (CV-67) in FY2006 and reducing the size of the carrier force from 12 ships to 11. The Kennedy is homeported in Mayport, FL. The proposal would not retire any other ships or any carrier air wings. Prior to this proposal, the Navy’s plan was to maintain a 12-carrier force and keep the Kennedy in operation until 2018. The issue for Congress is whether to approve, reject, or modify the proposal to retire the Kennedy and reduce the carrier force to 11 ships.

Some observers have proposed procuring Navy ships using incremental funding or advance appropriations rather than the traditional full funding approach that has been used to procure most Navy ships. Supporters believe these alternative funding approaches could increase stability in Navy shipbuilding plans and perhaps increase the number of Navy ships that could be built for a given total amount of ship procurement funding. The issue for the 109th Congress is whether to maintain or change current practices for funding Navy ship procurement. Congress’ decision could be significant because the full funding policy relates to Congress’ power of the purse and its responsibility for conducting oversight of defense programs.

The State Department’s new Office of the Coordinator for Reconstruction and Stabilization (S/CRS) is intended to address longstanding concerns, both within Congress and the broader foreign policy community, over the perceived lack of the appropriate capabilities and processes to deal with transitions from conflict to sustainable stability. These capabilities and procedures include adequate planning mechanisms for stabilization and reconstruction operations, efficient inter-agency coordination structures and procedures in carrying out such tasks, and appropriate civilian personnel for many of the non-military tasks required. Effectively distributing resources among the various executive branch actors, maintaining clear lines of authority and jurisdiction, and balancing short- and long-term objectives are major challenges for designing, planning, and conducting post-conflict operations.

The Comprehensive Test Ban Treaty (CTBT) would ban all nuclear explosions. President Clinton signed it in 1996 and transmitted it to the Senate in 1997. The Senate rejected it in 1999. To enter into force, 44 named nations, including the United States, must ratify the treaty. The Bush Administration opposes ratification but has maintained a moratorium on nuclear testing begun in 1992. This report presents pros and cons of key arguments: the treaty’s implications for nuclear nonproliferation, for maintaining and developing nuclear weapons, for the value of nuclear weapons, and for maintaining U.S. nuclear advantage; monitoring issues; and potential consequences of resuming testing.

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This report discusses the issue of U.S. economic assistance to sub-Saharan Africa, highlighting the importance of continued assistance in light of U.S. national security and also various U.S.-led efforts to promote reform amongst African citizens themselves. U.S. assistance finds its way to Africa through a variety of channels, including the USAID-administered DA program, food aid programs, and indirect aid provided through international financial institutions and the United Nations.

The report provides background on the theory and application of tax policy as it relates to the energy sector, particularly with respect to the theory of market failure in the energy sector and the suggested policy remedies. This background provides a context for understanding how current or proposed energy tax policy may affect other policy objectives or be affected by such objectives.

The federal computer fraud and abuse statute, 18 U.S.C. 1030, protects federal computers, bank computers, and computers used in interstate and foreign commerce. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills crack and gaps in the protection afforded by other federal criminal laws. This is a brief sketch of section 1030 and some of its federal statutory companions.

This report discuses lumber imports from Canada and provides a concise historical account of the dispute, summarizes the subsidy and injury evidence, and discusses the current issues and events.

Memorandum of meeting with China Lake, CA community representatives to gather information regarding the proposed realignments for Naval facilities at China Lake.

Executive Correspondence - Resolution 2005-21 passed by the Council of the Village of Walton Hills on June 21, 2005

Executive Correspondence - Letter from Cheryl A. Young, Mayor of The City of Columbia City

Executive Correspondence - Letter from Jimmie Mace, Mayor of The City of Farwell in support of Cannon Air Force Base

Executive Correspondence - Letter from Board of Mineral County Commissioners in support of HWAD

Executive Correspondence - Copy of Resolution 19-2005 as adopted by the Council of the City of Highland Heights on June 21, 2005

Executive Correspondence - Resolution in Support of the Otis Air National Guard Base Massachusetts Military Reservation, Cape Code, Massachusetts from Barnstable County Commissioners

Executive Correspondence – Letter dtd 05/27/05 to Senate Armed Services Committee Chairman John Warner from Deputy Secretary of Defense Gordon England outlining the manner in which DoD is meeting the requirements of the law governing the transparency of the BRAC process.