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Nadler

Napolitano
Neal (MA)
Northup

Gilchrest

Gillmor

Gonzalez

Gordon

Granger

Bono

Green, Al

Boozman

Green, Gene

Boswell

Grijalva

Boucher

Gutierrez

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Oberstar

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So the amendment was not agreed to.
After some further time,

The Committee rose informally to re-
ceive a message from the President.

SPEAKER pro tempore,

REHBERG, assumed the Chair.

152.22 FURTHER MESSAGE FROM THE

PRESIDENT

A further message in writing from the President of the United States was communicated to the House by Mr. Sherman Williams, one of his secretaries.

The Committee resumed its sitting; and after some further time spent therein,

152.23 RECORDED VOTE

A recorded vote by electronic device
was ordered in the Committee of the
Whole on the following amendment
numbered 1, printed in the CONGRES-
SIONAL RECORD, submitted by Mr. RA-
HALL:

At the end of the bill (before the short
title), insert the following new section:
SEC.

. LIMITATION ON USE OF FUNDS FOR
SALE OR SLAUGHTER OF FREE-
ROAMING HORSES AND BURROS.
None of the funds made available by this
Act may be used for the sale or slaughter of
wild free-roaming horses and burros (as de-
fined in Public Law 92-195).

It was decided in the affirmative

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Boehlert

Boehner

Bonilla

Bonner

Boren

Boswell

Boustany
Boyd

Rogers (MI)

NOES-159

Davis (FL)
Davis (KY)

Emerson

Feeney

Flake

Fortenberry

Foxx

Garrett (NJ)

Gibbons

Young (FL)

Jenkins
Jindal
Johnson (CT)
Johnson, Sam

King (IA)
Kingston
Kline
Knollenberg

Kolbe

LaHood

Latham

Lewis (CA)

Lewis (KY)

Lungren, Daniel
E.

Mack

Manzullo

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Brady (TX)
Brown (SC)
Brown-Waite,
Ginny
Burton (IN)
Buyer

Chandler
Chocola
Coble
Cole (OK)
Conaway
Costa

Gutknecht

Hart

Hastings (WA)

Hayes
Hefley

Hensarling
Herger

Hoekstra

Hulshof

Hunter

Inglis (SC)

Istook

McMorris

Melancon

Mica

Miller (FL)
Miller, Gary

Moran (KS)
Musgrave
Neugebauer
Ney
Northup
Nunes
Nussle

Oberstar

Davis (IL)

Baldwin

Capito

Davis (KY)

Bartlett (MD)

Capps

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Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Doggett

Cardoza
Carter

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So the amendment was not agreed to. The SPEAKER pro tempore, Mr. BASS, assumed the Chair.

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Pearce

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Pelosi

Clay

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Peterson (MN)

Cox

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Peterson (PA)

Harman

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Pickering

Istook

Peterson (PA)

Ryan (WI)

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Platts

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Jackson-Lee (TX) Jones (OH)

Butterfield

Hulshof

Tiahrt

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Walden (OR)

Camp

Hyde

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Walsh

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Weldon (FL)

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Westmoreland

Rangel

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Wicker

Cardin

Johnson (CT)

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Wilson (SC)

Rehberg

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Reichert

Wolf

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NOT VOTING-25

Carter

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Kaptur
Kelly

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Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Ros-Lehtinen

Ross
Rothman

Roybal-Allard
Ruppersberger

Rush

Ryan (OH)
Sabo
Salazar

Sánchez, Linda
T.

Sanchez, Loretta

Sanders

Saxton
Schakowsky
Schiff

Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Serrano

Skelton
Slaughter

Smith (NJ)
Smith (TX)
Smith (WA)
Snyder

Davis (CA)

Lewis (CA)

Davis (FL)

Davis (IL)

LoBiondo

Davis (KY)

Lofgren, Zoe

Davis (TN)

Lowey

Shaw
Sherman

Davis, Tom

Lungren, Daniel

Sherwood

DeFazio

E.

Simmons

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Simpson

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Sodrel

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Solis

Doolittle

McCollum (MN)

Souder

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Spratt

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Stark

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Stupak

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Bartlett (MD)

Barton (TX)

Bean

Beauprez

Goodlatte

Green (WI)

Gutknecht

Hall
Harris

Bilirakis

Hart

Ehlers

Emanuel

Emerson

Engel

English (PA)

Blackburn

Brady (TX)

Brown-Waite,

Hefley

Hostettler Inglis (SC)

Issa

Jenkins

Johnson, Sam

Ramstad
Rogers (MI)
Rohrabacher
Royce
Ryan (WI)
Ryun (KS)

Sensenbrenner

Eshoo

Etheridge

Evans

Farr
Fattah

Ferguson
Filner

Jindal

Ginny

Burgess

Burton (IN)

Buyer

Cannon

Chabot

Chocola

Jones (NC)

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Fitzpatrick (PA)
Forbes
Ford
Fortenberry
Fossella

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Deal (GA)

Diaz-Balart, M.

Duncan

Abercrombie

Ackerman

Aderholt

Westmoreland Wilson (SC)

Goode

NOES-326

Blumenauer Blunt Boehlert

McHugh

McIntyre

McKeon

McKinney

McMorris

McNulty

Meehan

Meek (FL)

Meeks (NY)

Melancon

Menendez

Mica
Michaud
Miller (MI)
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)

Moran (VA)

Murphy

Murtha

Nadler
Napolitano
Neal (MA)
Ney

Sweeney

Tauscher

Taylor (NC)
Thomas
Thompson (CA)
Thompson (MS)
Tiahrt
Tiberi

Tierney

Towns
Turner

Udall (CO)
Udall (NM)
Upton

Van Hollen
Velázquez
Visclosky
Walden (OR)
Walsh
Wamp
Wasserman

Schultz

Waters

Watson

Watt

Waxman

Weiner

Weldon (FL)
Weldon (PA)
Weller

Whitfield
Wicker
Wilson (NM)
Wolf
Woolsey

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Wexler

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Wu

Herseth

Pastor

Wynn

Boswell

Higgins

Payne

Hayworth

Young (FL)

When Mr. HASTINGS of Washington, Acting Chairman, reported that the Committee, having had under consideration said bill, had directed him to report the same back to the House with sundry amendments adopted by the Committee with the recommendation that the amendments be agreed to and the bill, as amended, do pass.

Pursuant to House Resolution 287, the previous question was ordered on the amendments and the bill.

The following amendments, reported from the Committee of the Whole House on the state of the Union, were agreed to:

Beginning on page 44, line 25, strike "; of which $23,555,000 shall remain available until expended for a departmental financial and business management system;" and insert "(reduced by $8,000,000);".

Page 75, line 12, insert "(reduced by $7,000,000)" after the dollar amount.

Page 106, line 9, insert "(increased by $10,000,000)" after the dollar amount.

Page 106, line 13, insert "(increased by $10,000,000)" after the dollar amount.

Page 106, line 25, insert "(increased by $5,000,000)" after the dollar amount.

Page 44, line 25, after the dollar amount, insert the following: "(reduced by $13,000,000)".

Page 45, line 16, after the first dollar amount, insert the following: "(increased by $12,000,000)".

Page 64, line 17, after the dollar amount, insert the following: "(increased by $1,903,000) (decreased by $1,903,000)".

Page 71, line 21, strike "Provided" and all that follows through page 72, line 6, and insert the following:

Provided further, That notwithstanding this or previous appropriations Acts, after consultation with the House and Senate Committees on Appropriations and for the purposes of making technical corrections, the Administrator is authorized to award grants to entities under this heading for purposes other than those listed in the joint explanatory statements of the managers accompanying the Agency's appropriations Acts for the construction of drinking water, waste water and storm water infrastructure, and for water quality protection.

Page 68, line 14, insert "(increased by $2,000,000)" after "$95,500,000".

Page 69, line 4, insert "(reduced by $2,000,000)" after "$1,153,300,000".

Page 69, line 14, insert "(reduced by $2,000,000)" after "$52,000,000".

On page 75, line 12, after the dollar amount, insert, "(increased by $1,000,000)". At the end of the bill (before the short title), add the following new section:

SEC. 4 None of the funds made available in this Act for the Department of the Interior may be used to implement the first proviso under the heading "UNITED STATES FISH AND WILDLIFE SERVICE-LAND ACQUISITION".

At the end of the bill (before the short title), insert the following:

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Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations) or to delay the implementation of that Order.

At the end of the bill (before the short title), insert the following:

SEC. . None of the funds made available in this Act may be used to finalize, issue, implement, or enforce the proposed policy of the Environmental Protection Agency entitled "National Pollutant Discharge Elimination System (NPDES) Permit Requirements for Municipal Wastewater Treatment During Wet Weather Conditions", dated November 3, 2003 (68 Fed. Reg. 63042).

Add at the end of the bill (preceding the short title) the following:

SEC. 4. None of the funds made available in this Act may be used by the Administrator of the Environmental Protection

Agency

(1) to accept, consider, or rely on thirdparty intentional dosing human studies for pesticides; or

(2) to conduct intentional dosing human studies for pesticides.

At the end of the bill (before the short title), insert the following:

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SEC. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 Federal employees at any single conference occurring outside the United States.

At the end of the bill (before the short title), add the following new section:

SEC. 4 None of the funds made available in this Act for the Department of the Interior may be used to enter into or renew any concession contract except a concession contract that includes a provision that requires that merchandise for sale at units of the National Park System be made in any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, or the Commonwealth of the Northern Mariana Islands.

At the end of the bill (before the short title), insert the following new section: SEC.

. LIMITATION ON USE OF FUNDS FOR SALE OR SLAUGHTER OF FREEROAMING HORSES AND BURROS.

None of the funds made available by this Act may be used for the sale or slaughter of wild free-roaming horses and burros (as defined in Public Law 92-195).

The bill, as amended, was ordered to be engrossed and read a third time, was read a third time by title.

Mr. OBEY moved to recommit the bill to the Committee on Appropriations to report the same promptly with an amendment to provide an additional $242,000,000 for the Clean Water State Revolving Fund and $110,000,000 for State and Tribal Assistance Grants. After debate,

By unanimous consent, the previous question was ordered on the motion to recommit with instructions.

The question being put, viva voce, Will the House recommit said bill with instructions?

The SPEAKER pro

tempore, Mr.

BASS, announced that the nays had it. Mr. OBEY demanded a recorded vote on agreeing to said motion, which demand was supported by one-fifth of a quorum, so a recorded vote was ordered.

The vote was taken by electronic device.

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Spratt

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Stupak

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Sullivan

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Gallegly

Goode
Goodlatte

Gordon

Granger
Graves

Green (WI)
Green, Al

Green, Gene

Gutknecht

McKeon
McMorris
McNulty
Meehan

Mollohan

Moore (KS)

Moran (KS)

Moran (VA)

Schwartz (PA)
Schwarz (MI)
Scott (GA)

Sensenbrenner

Sherwood
Shimkus

Slaughter
Smith (NJ)

Smith (TX)
Smith (WA)

Sweeney
Taylor (NC)
Terry
Thomas

Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt

Tiberi

Towns

Turner

Udall (NM)
Upton
Visclosky
Walden (OR)
Walsh

Watt
Weiner

Murphy

Murtha

Musgrave

Hall

Myrick
Neugebauer

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Wamp

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Watson

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Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wu
Wynn
Young (FL)

DeLauro
Dingell
Eshoo
Etheridge
Flake
Frank (MA)
Franks (AZ)
Grijalva

Gutierrez

So the bill was passed.

A motion to reconsider the vote whereby said bill was passed was, by unanimous consent, laid on the table.

Ordered, That the Clerk request the concurrence of the Senate in said bill. 152.29 ADJOURNMENT OVER

On motion of Mr. DELAY, by unanimous consent,

Ordered, That when the House adjourns today, it adjourn to meet on Monday, May 23, 2005, at 12:30 p.m. for morning-hour debate.

152.30 CALENDAR WEDNESDAY BUSINESS

DISPENSED WITH

On motion of Mr. DELAY, by unanimous consent,

Ordered, That business in order for consideration on Wednesday, May 25, 2005, under clause 6, rule XV, the Calendar Wednesday rule, be dispensed with.

152.31 MESSAGE FROM THE PRESIDENT—

NATIONAL EMERGENCY WITH RESPECT
TO IRAQ

The SPEAKER pro tempore, Mr. MARCHANT, laid before the House a message from the President, which was read as follows:

To the Congress of the United States:

Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date. In accordance with this provision, I have sent the enclosed notice to the Federal Register for publication. This notice states that the national emergency declared in Executive Order 13303 of May 22, 2003, as expended in scope by Executive Order 13315 of August 28, 2003, modified in Executive Order 13350 of July 29, 2004, and further modified in Executive Order 13364 of November 29, 2004, is to continue in effect beyond May 22, 2005. The most recent notice continuing this emergency

was published in the Federal Register on May 21, 2004 (60 FR 29409).

The threats of attachment or other judicial process against (i) the Development Fund for Iraq, (ii) Iraqi petroleum and petroleum products, and interests therein, and proceeds, obligations, or any financial instruments of any nature whatsoever arising from or related to the sale or marketing thereof, or (iii) any accounts, assets, investments, or any other property of any kind owned by, belonging to, or held by, on behalf of, or otherwise for the Central Bank of Iraq create obstacles to the orderly reconstruction of Iraq, the restoration and maintenance of peace and security in the country, and the development of political, administrative, and economic institutions in Iraq. Accordingly, these obstacles continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. For these reasons, I have determined that it is necessary to continue the national emergency protecting the Development Fund for Iraq, certain other property in which Iraq has an interest, and the Central Bank of Iraq, and to maintain in force the sanctions to respond to this threat.

GEORGE W. BUSH. THE WHITE HOUSE, May 19, 2005. By unanimous consent, the message, together with the accompanying papers, was referred to the Committee on International Relations and ordered to be printed (H. Doc. 109-28).

152.32 MESSAGE FROM THE PRESIDENTSUB-SAHARAN AFRICAN TRADE

The SPEAKER pro tempore, Mr. MARCHANT, laid before the House a message from the President, which was read as follows:

To the Congress of the United States:

Consistent with title I of the Trade and Development Act of 2000, I am providing a report prepared by my Administration, the "2005 Comprehensive Report on U.S. Trade and Investment Policy Towards Sub-Saharan Africa and Implementation of the African Growth and Opportunity Act."

GEORGE W. BUSH. THE WHITE HOUSE, May 19, 2005. By unanimous consent, the message, together with the accompanying papers, was referred to the Committee on Ways and Means and ordered to be printed (H. Doc. 109–29).

152.33 LEAVE OF ABSENCE

By unanimous consent, leave of absence was granted

To Ms. JACKSON-LEE of Texas, for today;

To Mr. LATOURETTE, for today and balance of the week; and

To Mr. RYAN of Wisconsin, for today until 4:30 p.m.

152.34 ADJOURNMENT

On motion of Mr. BROWN of Ohio, pursuant to the previous order of the House, at 10 o'clock and 8 minutes p.m., the House adjourned until 12:30 p.m. on Monday, May 23, 2005.

152.35 REPORTS OF COMMITTEES ON

PUBLIC BILLS AND RESOLUTIONS Under clause 2 of rule XIII, reports of committees were delivered to the Clerk for printing and reference to the proper calendar, as follows:

Mr. BUYER: Committee on Veterans' Affairs. H.R. 2046. A bill to amend the Servicemembers Civil Relief Act to limit premium increases on reinstated health insurance on servicemembers who are released from active military service, and for other purposes; with an amendment (Rept. 109-88). Referred to the Committee of the Whole House on the State of the Union.

152.36 PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of rule XII, public bills and resolutions were introduced and severally referred, as follows:

By Mr. SHAW:

H.R. 2473. A bill to amend the Tariff Act of 1930 relating to determining the all-others rate in antidumping cases; to the Committee on Ways and Means.

By Mr. WILSON of South Carolina (for himself, Mr. BROWN of South Carolina, Mr. MILLER of Florida, Mr. NORWOOD, Mr. FOLEY, and Ms. RosLEHTINEN):

H.R. 2474. A bill to amend the Internal Revenue Code of 1986 to provide a nonrefundable personal credit to individuals who donate certain life-saving organs; to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

By Mr. HOEKSTRA:

H.R. 2475. A bill to authorize appropriations for fiscal year 2006 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes; to the Committee on Intelligence (Permanent Select).

By Mr. ABERCROMBIE:

H.R. 2476. A bill to amend the Internal Revenue Code of 1986 to exclude from gross income gain on the sale of certain residential leased-fee interests to holders of the leasehold rights; to the Committee on Ways and Means.

By Mr. BLUMENAUER:

H.R. 2477. A bill to suspend temporarily the duty on certain bicycle parts; to the Committee on Ways and Means.

By Mr. BLUMENAUER:

H.R. 2478. A bill to suspend temporarily the duty on certain bicycle parts; to the Committee on Ways and Means.

By Mr. BLUMENAUER:

H.R. 2479. A bill to suspend temporarily the duty on certain bicycle parts; to the Committee on Ways and Means.

By Mr. BLUMENAUER:

H.R. 2480. A bill to suspend temporarily the duty on certain bicycle parts; to the Committee on Ways and Means.

By Mr. BLUMENAUER:

H.R. 2481. A bill to suspend temporarily the duty on certain bicycle parts; to the Committee on Ways and Means.

By Mr. BLUMENAUER:

H.R. 2482. A bill to suspend temporarily the duty on certain bicycle parts; to the Committee on Ways and Means.

By Mr. BLUMENAUER: H.R. 2483. A bill to suspend temporarily the duty on certain bicycle parts; to the Committee on Ways and Means.

By Mr. BLUNT (for himself, Mr. KIRK,
Mr. SIMMONS, Mr. HAYES, Mr. CAN-

TOR, Mr. GERLACH, Mr. GRAVES, Mr. LARSEN of Washington, Mr. MILLER of Florida, Mr. BRADY of Texas, Mr. SODREL, and Mr. REICHERT): H.R. 2484. A bill to improve benefits for members of the National Guard and Reserve to recognize their service to the United States and to encourage the recruitment and retention of National Guard and Reserve personnel, and for other purposes; to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

By Mr. BURTON of Indiana (for himself and Mr. PALLONE):

H.R. 2485. A bill to ensure that the goals of the Dietary Supplement Health and Education Act of 1994 are met by authorizing appropriations to fully enforce and implement such Act and the amendments made by such Act, and for other purposes; to the Committee on Energy and Commerce.

By Mr. BURTON of Indiana (for himself, Mr. PALLONE, Mr. PAUL, Mr. TERRY, and Mr. GERLACH):

H.R. 2486. A bill to amend the Internal Revenue Code of 1986 to provide that amounts paid for foods for special dietary use, dietary supplements, or medical foods shall be treated as medical expenses; to the Committee on Ways and Means.

By Mr. CARDIN:

H.R. 2487. A bill to amend title XVIII of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to provide additional beneficiary protections; to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

By Mr. CARNAHAN:

H.R. 2488. A bill to promote State historic tax credits; to the Committee on Ways and Means.

By Mr. COOPER (for himself, Mr.
SHAYS, and Mr. VAN HOLLEN):

H.R. 2489. A bill to amend the Inspector General Act of 1978 to enhance the independence of the Inspectors General, to create a Council of the Inspectors General on Integrity and Efficiency, and for other purposes; to the Committee on Government Reform. By Mr. DENT (for himself, Mr. BRADY of Pennsylvania, Mr. FATTAH, Mr. ENGLISH of Pennsylvania, Ms. HART, Mr. PETERSON of Pennsylvania, Mr. GERLACH, Mr. WELDON of Pennsylvania, Mr. FITZPATRICK of Pennsylvania, Mr. SHUSTER, Mr. SHERWOOD, Mr. KANJORSKI, Mr. MURTHA, Ms. SCHWARTZ of Pennsylvania, Mr. DOYLE, Mr. PITTS, Mr. HOLDEN, Mr. MURPHY, and Mr. PLATTS):

H.R. 2490. A bill to designate the facility of the United States Postal Service located at 442 West Hamilton Street, Allentown, Pennsylvania, as the "Mayor Joseph S. Daddona Memorial Post Office"; to the Committee on Government Reform.

By Mr. GILLMOR (for himself, Mr. ROGERS of Michigan, Mr. DINGELL, Mr. STUPAK, and Mr. UPTON): H.R. 2491. A bill to amend the Solid Waste Disposal Act to authorize States to restrict receipt of foreign municipal solid waste and implement the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, and for other purposes; to the Committee on Energy and Commerce.

By Mr. HAYES:

H.R. 2492. A bill to extend the temporary suspension of duty on Crotonic Acid; to the Committee on Ways and Means.

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H.R. 2497. A bill to extend the temporary suspension of duty on Acetamiprid Technical; to the Committee on Ways and Means. By Mr. HULSHOF (for himself, Mr. POMEROY, Mr. NUSSLE, and Mr. LEWIS of Kentucky):

H.R. 2498. A bill to amend the Internal Revenue Code of 1986 to extend the tax incentives for the use of biodiesel through 2010; to the Committee on Ways and Means.

By Mrs. MALONEY (for herself, Mr.
KING of New York, Mr. ISRAEL, Mr.
FOSSELLA, Mrs. LOWEY, Mr. ToWNS,
Mr. ACKERMAN, Mr. OWENS, Mr. HIN-
CHEY, Mr. SERRANO, and Mrs. MCCAR-
THY):

H.R. 2499. A bill to provide that members of the National Guard who served in the counties declared Federal disasters areas in response to the September 11, 2001, terrorist attacks on the United States, and who served under State duty so that they could immediately assist in the response to the terrorist attacks should have that service counted as Federal active duty for purposes of military retirement credit under chapter 1223 of title 10, United States Code; to the Committee on Armed Services.

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