the Senate considers Executive calendar ~~ Congress ~~ the House considers HR2642

The Senate stands in adjournment until 9:30am on Thursday, July 18, 2013. Following the prayer and pledge, the Majority Leader will be recognized.

Following the remarks of the two Leaders, there will be a period of morning business for one hour with the Majority controlling the first half and the Republicans controlling the final half.
Following morning business, the Senate will resume consideration of Executive Session to consider the nomination of Thomas Edward Perez, of MD, to be Secretary of Labor, post-cloture.
All time during adjournment, morning business, legislative session and recess will count post-cloture on the Perez nomination.
Upon disposition of the Perez nomination, there will be a cloture vote on Executive Calendar #98, the nomination of Regina McCarthy, of MA, to be Administrator of the Environmental Protection Agency. If cloture is invoked on the McCarthy nomination, there will be up to 8 hours of debate on the nomination. We hope to confirm both the Perez and McCarthy nominations during Thursday’s session of the Senate.

Senator Reid moved to proceed to Calendar #99, S.1243, the Transportation, and Housing and Urban Development (THUD) Appropriations bill. The motion to proceed is a debatable motion and we will work with senators on an agreement to adopt the motion early next week.

The Senate is in a period of morning business for 1 hour, with senators permitted to speak therein for up to 10 minutes each. The Majority controls the first 30 minutes and the Republicans control the final 30 minutes.

Following morning business, the Senate will resume Executive session to consider Executive Calendar #99, the nomination of Thomas Perez, of Maryland, to be Secretary of Labor, post-cloture. We would like to vote on confirmation of the Perez nomination and cloture on the McCarthy nomination this morning and on confirmation of the McCarthy nomination early after the lunches. We will continue to work with the Republicans on an agreement to set those votes. Senators will be notified when the votes are scheduled.

Senator Reid also announced that there is also an agreement among Senators Harkin, Durbin, King, Manchin, Alexander, Coburn and Burr on the student loan interest rate legislation. We will work with senators on a path forward that could result in a couple votes. I suspect the process of reaching an agreement for floor consideration will take a bit of time and it would slip into next week, but Senator Reid has said he would like to consider it as soon as possible.

By consent, the vote on confirmation of the Perez nomination will occur at 12:15pm today. Following disposition of the Perez nomination, the time until 2:30pm will be equally divided in the usual form prior to the cloture vote on the McCarthy nomination. If cloture is invoked on McCarthy, there would be up to 8 hours for debate prior to a vote on confirmation. However, we hope to be able to yield a good portion of that time back.

12:15pm vote:

Confirmation of Executive Calendar #99, the nomination of Thomas Edward Perez, of Maryland, to be Secretary of Labor

2:30pm vote:

Cloture on Executive Calendar #98, the nomination of Regina McCarthy, of MA, to be Administrator of the Environmental Protection Agency

TBD vote:

Confirmation of Executive Calendar #98, the nomination of Regina McCarthy, of MA, to be Administrator of the Environmental Protection Agency

12:16pm The Senate began a 15 minute roll call vote on confirmation of Executive Calendar #99, the nomination of Thomas Edward Perez, of Maryland, to be Secretary of Labor;

Confirmed: 54-46

2:31pm The Senate began a 15 minute roll call vote on the motion to invoke cloture on Executive Calendar #98, the nomination of Regina McCarthy, of MA, to be Administrator of the Environmental Protection Agency;

Invoked: 69-31

Cloture was invoked on the McCarthy nomination by a vote of 69-31. There will now be up to 8 hours for debate. We hope to yield back a substantial amount of time, and we could potentially vote within the hour. However, that takes consent and we’re still working on it.

Senator Reid filed cloture on the motion to proceed to S.1243, Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2014. By consent, the vote on the motion to invoke cloture on the motion to proceed will occur at 12:00 noon on Tuesday, July 23^rd. If cloture is invoked, all post cloture time will be yielded back and the Senate will proceed to vote on the motion to proceed. If the motion to proceed to Calendar #99, S.1243 is adopted, the text of H.R.2610, as reported by the House Appropriations, be deemed House passed text for the purposes of rule 16.

WRAP UP

ROLL CALL VOTES

1) Confirmation of Executive Calendar #99, the nomination of Thomas Edward Perez, of MD, to be Secretary of Labor; Confirmed: 54-46

2) Motion to invoke cloture on Executive Calendar #98, the nomination of Regina McCarthy, of MA, to be Administrator of the Environmental Protection Agency; Invoked: 69-31

3) Confirmation of Executive Calendar #98, the nomination of Regina McCarthy, of MA, to be Administrator of the Environmental Protection Agency; Confirmed: 59-40

LEGISLATIVE ITEMS

Completed Rule 14 process of S.1315, Keep the IRS Off Your Health Care Act. (Cornyn)

Completed the Rule 14 process of S.1316, Protecting Seniors’ Access to Medicare Act. (Cornyn)

Completed the Rule 14 process of H.R.1911, Smarter Solutions for Students Act.

Read the following bills twice and placed them on the Calendar:

S.1334, Bipartisan Student Loan Certainty Act. (Manchin)

S.1335, Sportsmen Act. (Murkowski)

S.1336, Voter Registration – Proof of Citizenship. (Cruz)

No additional EXECUTIVE ITEMS

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July 2013
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21	22	23	24	25	26	27
28	29	30	31

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Last Floor Action:
12:02:16 P.M. – PLEDGE OF ALLEGIANCE –
The Chair designated Mrs. Hartzler to lead the Members in reciting the Pledge of
Allegiance to the Flag.

10:00:41 A.M.		The House convened, starting a new legislative day.
10:00:49 A.M.		The Speaker designated the Honorable Doug LaMalfa to act as Speaker pro tempore for today.
10:01:08 A.M.		MORNING-HOUR DEBATE – The House proceeded with Morning-Hour Debate. At the conclusion of Morning-Hour, the House will recess until 12:00 p.m. for the start of legislative business.
10:35:00 A.M.		The Speaker announced that the House do now recess. The next meeting is scheduled for 12:00 P.M. today.
12:00:04 P.M.		The House convened, returning from a recess continuing the legislative day of July 18.
12:00:16 P.M.		Today’s prayer was offered by Chaplain Major Howard Bell, 932nd Airlift Wing, Scott Air Force Base, Illinois.
12:01:41 P.M.		POSTPONED PROCEEDINGS ON APPROVAL OF THE JOURNAL – The Chair announced that he had examined the Journal of the last day’s proceedings and had approved it. Mr. Holding demanded that the question be put on agreeing to the Speaker’s approval of the Journal and by voice vote, the Chair announced that the ayes had prevailed. Mr. Holding demanded the yeas and nays and the Chair postponed further proceedings on the question of agreeing to the approval of the Journal until later in the legislative day.
12:02:16 P.M.		PLEDGE OF ALLEGIANCE – The Chair designated Mrs. Hartzler to lead the Members in reciting the Pledge of Allegiance to the Flag.
12:03:17 P.M.		The Chair recognized Mr. Shimkus for the purpose of introducing the guest Chaplain.
12:04:17 P.M.		ONE MINUTE SPEECHES – The House proceeded with one minute speeches, which by direction of the Chair would be limited to 15 per side of the aisle.

12:42:23 P.M.	H. Res. 303	Considered as privileged matter. H. Res. 303 — “Providing for consideration of the bill (H.R. 5) to support State and local accountability for public education, protect State and local authority, inform parents of the performance of their children’s schools, and for other purposes.”
12:45:02 P.M.	H. Res. 303	DEBATE – The House proceeded with one hour of debate on H. Res. 303.
2:18:08 P.M.	H. Res. 303	On ordering the previous question Agreed to by the Yeas and Nays: 232 – 192 (Roll no. 364).
2:26:12 P.M.	H. Res. 303	On agreeing to the resolution Agreed to by recorded vote: 230 – 190 (Roll no. 365).
2:26:12 P.M.	H. Res. 303	Motion to reconsider laid on the table Agreed to without objection.
2:33:45 P.M.		On approving the Journal Agreed to by the Yeas and Nays: 278 – 143, 1 Present (Roll no. 366).
2:33:54 P.M.	H.R. 5	Considered under the provisions of rule H. Res. 303. H.R. 5 — “To support State and local accountability for public education, protect State and local authority, inform parents of the performance of their children’s schools, and for other purposes.”
2:33:59 P.M.	H.R. 5	Rule provides for consideration of H.R. 5 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution makes in order as original text for the purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 113-18.
2:34:22 P.M.	H.R. 5	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 303 and Rule XVIII.
2:34:23 P.M.	H.R. 5	The Speaker designated the Honorable Doc Hastings to act as Chairman of the Committee.
2:34:33 P.M.	H.R. 5	GENERAL DEBATE – The Committee of the Whole proceeded with one hour of general debate on H.R. 5.
3:43:25 P.M.	H.R. 5	An amendment, offered by Mr. Kline, numbered 1 printed in House Report 113-158 to clarify that a state opting not to receive funds for a program under the Act shall not be required to carry out any of the requirements of such program and that states and school districts can support civics education efforts, and makes other technical improvements.
3:44:29 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Kline amendment No. 1.
3:47:05 P.M.	H.R. 5	On agreeing to the Kline amendment; Agreed to by voice vote.
3:47:34 P.M.	H.R. 5	An amendment, offered by Mr. Young (AK), numbered 2 printed in House Report 113-158 to make policy improvements to, educational support programs for American Indian, Alaska Native, and Native Hawaiian students which are currently authorized under Title VII of the Elementary and Secondary Education Act and would be diminished by H.R. 5, the Student Success Act.
3:47:37 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Young (AK) amendment No. 2.
3:56:02 P.M.	H.R. 5	POSTPONED PROCEEDINGS – At the conclusion of debate on the Young (AK) amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Young (AK) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
3:56:42 P.M.	H.R. 5	An amendment, offered by Mr. Cardenas, numbered 3 printed in House Report 113-158 to increase the authorized funding level to $775,000,000 until FY 2019.
3:57:03 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Cardenas amendment No. 3.
4:02:24 P.M.	H.R. 5	By unanimous consent, the Cardenas amendment was withdrawn.
4:02:29 P.M.	H.R. 5	Amendment offered by Mr. Luetkemeyer.
4:02:33 P.M.	H.R. 5	<action_description>DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Luetkemeyer amendment No. 3.

4:11:52 P.M.	H.R. 5	POSTPONED PROCEEDINGS – At the conclusion of debate on the Luetkemeyer amendment No. 4, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Luetkemeyer demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
4:12:41 P.M.	H.R. 5	An amendment, offered by Ms. Jackson Lee, numbered 5 printed in House Report 113-158 to state that if funding for awards to states is not sufficient then funding will be targeted to schools serving neglected, delinquent, migrant students, English learners, at-risk students, and Native Americans, to increase academic achievements of such students.
4:12:43 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 5.
4:21:10 P.M.	H.R. 5	On agreeing to the Jackson Lee amendment; Agreed to by voice vote.
4:21:46 P.M.	H.R. 5	An amendment, offered by Mr. Bentivolio, numbered 6 printed in House Report 113-158 to require State educational agencies to consult with private sector employers and entrepreneurs as part of its education plan. It would also require the Secretary to have representatives from private sector employers appointed to the peer-review process by reducing practitioners from 75 percent to 65 percent.
4:21:48 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Bentivolio amendment No. 6.
4:28:57 P.M.	H.R. 5	On agreeing to the Bentivolio amendment; Agreed to by voice vote.
4:29:22 P.M.	H.R. 5	An amendment, offered by Mrs. McMorris Rodgers, numbered 6 printed in House Report 113-158 to reinstate the 1 percent cap as it relates to students with the most significant cognizant disabilities participating in the alternate assessments; ensure alternate assessments are tied to academic content standards for grade in which student enrolled; and ensure parents are involved in the development of assessments as it relates to the student’s individualized education program.
4:29:24 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the McMorris Rodgers amendment No. 7.
4:39:37 P.M.	H.R. 5	By unanimous consent, the McMorris Rodgers amendment was withdrawn.
4:39:50 P.M.	H.R. 5	An amendment, offered by Mr. Reed, numbered 8 printed in House Report 113-158 to clarify that LEA’s and SEA’s are able to use multiple measures when identifying academic performance measurements instead of the current one-size-fits-all testing assessments.
4:39:52 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Reed amendment No. 8.
4:47:06 P.M.	H.R. 5	On agreeing to the Reed amendment; Agreed to by voice vote.
4:47:48 P.M.	H.R. 5	An amendment, offered by Mr. Benishek, numbered 9 printed in House Report 113-158 to encourage states to include the number of students attaining career and technical education proficiencies enrolled in public secondary schools, in its annual State report card. This information is already required to be collected by the Perkins Act, and would simply streamline access to information to the public.
4:47:50 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Benishek amendment No. 9.
4:52:25 P.M.	H.R. 5	On agreeing to the Benishek amendment; Agreed to by voice vote.
4:54:22 P.M.	H.R. 5	An amendment, offered by Mr. Heck (NV), numbered 10 printed in House Report 113-158 to provides LEAs with the option of entering into partnerships or contracts with other entities to implement programs that serve youth in, or transitioning out of, institutions and correctional facilities, and youth at-risk of dropping out of school. This would provide LEAs with the option to partner with organizations that have the existing experience and resources to enhance the effectiveness of services provided by school districts to vulnerable populations through the Neglected/Delinquent program in an integrated fashion.
4:54:24 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Heck (NV) amendment No. 10.
4:57:21 P.M.	H.R. 5	On agreeing to the Heck (NV) amendment; Agreed to by voice vote.
4:58:26 P.M.	H.R. 5	An amendment, offered by Mr. Meehan, numbered 11 printed in House Report 113-158 to ensure that greater authority and governance are restored to local educational agencies as delegated by their States. It would also ensure that the Secretary of Education does not impose any additional requirements or burdens on local educational agencies unless explicitly authorized by federal law.
4:58:28 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Meehan amendment No. 11.
5:08:06 P.M.	H.R. 5	POSTPONED PROCEEDINGS – At the conclusion of debate on the Meehan amendment No. 11, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. George Miller (CA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
5:08:34 P.M.	H.R. 5	An amendment, offered by Mr. Scalise, numbered 12 printed in House Report 113-158 to state that under Title II in H.R. 5 there would be no federal mandate for States to conduct teacher evaluations.
5:08:36 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Scalise amendment No. 12.
5:19:55 P.M.	H.R. 5	POSTPONED PROCEEDINGS – At the conclusion of debate on the Scalise amendment No. 12, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. George Miller (CA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
5:20:19 P.M.	H.R. 5	An amendment, offered by Ms. Moore, numbered 13 printed in House Report 113-158 to delay implementation of new Title II formula until the Secretary of Education determines that the implementation will not reduce funding for schools serving high percentages of students in poverty.
5:20:21 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Moore amendment No. 13.
5:29:27 P.M.	H.R. 5	On agreeing to the Moore amendment; Agreed to by voice vote.
5:29:52 P.M.	H.R. 5	An amendment, offered by Mr. Bishop (UT), numbered 14 printed in House Report 113-158 to eliminate Subsection C of Section 2111, which allows grant money to bypass states and go directly from the Department of Education to local districts.
5:29:53 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Bishop (UT) amendment No. 14.
5:37:03 P.M.	H.R. 5	On agreeing to the Bishop (UT) amendment; Agreed to by voice vote.
5:38:35 P.M.	H.R. 5	UNANIMOUS CONSENT REQUEST – Mr. George Miller (CA) asked unanimous consent to vacate his request for a recorded vote on the Scalise amendment No. 12 and that the Chair put the question de novo. Agreed to without objection.
5:38:59 P.M.	H.R. 5	On agreeing to the Scalise amendment; Agreed to by voice vote.
5:39:30 P.M.	H.R. 5	UNFINISHED BUSINESS – The Chair announced that the unfinished business was on adoption of amendments, which had been debated earlier and on which further proceedings had been postponed.
6:07:38 P.M.	H.R. 5	On agreeing to the Young (AK) amendment; Agreed to by recorded vote: 263 – 161 (Roll no. 367).
6:13:03 P.M.	H.R. 5	On agreeing to the Luetkemeyer amendment; Agreed to by recorded vote: 241 – 182 (Roll no. 368).
6:18:12 P.M.	H.R. 5	On agreeing to the Meehan amendment; Agreed to by recorded vote: 239 – 187 (Roll no. 369).
6:20:37 P.M.	H.R. 5	An amendment, offered by Mr. Tonko, numbered 15 printed in House Report 113-158 to reserve 10% of existing grant funding under the Teacher and Principal Training and Recruiting Fund for competitive subgrants that would allow organizations with STEM expertise to provide STEM professional development and instructional materials throughout the state for elementary and secondary education.
6:20:40 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Tonko amendment No. 15.
6:25:46 P.M.	H.R. 5	By unanimous consent, the Tonko amendment was withdrawn.
6:26:06 P.M.	H.R. 5	An amendment, offered by Mrs. Brooks (IN), numbered 16 printed in House Report 113-158 to clarify that federal funds may be used for computer science education.
6:26:08 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Brooks (IN) amendment No. 16.
6:34:09 P.M.	H.R. 5	On agreeing to the Brooks (IN) amendment; Agreed to by voice vote.
6:34:30 P.M.	H.R. 5	An amendment, offered by Mr. Polis, numbered 17 printed in House Report 113-158 to allow charter schools to use grant funds for teacher preparation, professional development, and improving school conditions. The amendment ensures that charter schools expand outreach to low-income and underserved populations.
6:34:32 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Polis amendment No. 17.
6:43:17 P.M.	H.R. 5	On agreeing to the Polis amendment; Agreed to by voice vote.
6:43:28 P.M.	H.R. 5	An amendment, offered by Ms. Velazquez, numbered 18 printed in House Report 113-158 to require that applicants consider how to target their services to low-income students and parents, including low-income students and parents who are not proficient in English.
6:43:32 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Velazquez amendment No. 18.
6:50:13 P.M.	H.R. 5	On agreeing to the Velazquez amendment; Agreed to by voice vote.
6:50:44 P.M.	H.R. 5	An amendment, offered by Mr. Mullin, numbered 19 printed in House Report 113-158 to strike language in the bill that allows consolidated districts to be eligible for payment if they do not qualify after consolidation; strikes language allowing for mid-year adjustment for student counts; makes the 8007 Construction Program a competitive grant program.
6:50:49 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Mullin amendment No. 19.
6:52:58 P.M.	H.R. 5	By unanimous consent, the Mullin amendment was withdrawn.
6:53:53 P.M.	H.R. 5	An amendment, offered by Mr. Garrett, numbered 20 printed in House Report 113-158 to clarify that states that opt out of receiving funds, or are not awarded funds, under this Act are not required to carry out any of the requirements of the programs under this Act. The amendment also clarifies that states are not required to participate in any program under this Act.
6:53:55 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Garrett amendment No. 20.
6:55:10 P.M.	H.R. 5	By unanimous consent, the Garrett amendment was withdrawn.
6:55:18 P.M.	H.R. 5	<An amendment, offered by Mr. Broun (GA), numbered 21 printed in House Report 113-158 to require the Secretary of Education to include in their report to Congress the average salary of employees who were determined to be associated with eliminated or consolidated programs or projects by the underlying legislation and a report on the average salaries of the employees of the Department according to their job function.
6:55:22 P.M.	H.R. 5	DEBATE – Pursuant to the provisions of H. Res. 303, the Committee of the Whole proceeded with 10 minutes of debate on the Broun (GA) amendment No. 21.
7:07:04 P.M.	H.R. 5	On agreeing to the Broun (GA) amendment; Agreed to by voice vote.
7:07:28 P.M.	H.R. 5	Mr. Rokita moved that the Committee rise.
7:07:51 P.M.	H.R. 5	On motion that the Committee rise Agreed to by voice vote.
7:08:00 P.M.	H.R. 5	Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business.
7:08:34 P.M.		Mexico-United States Interparliamentary Group – Pursuant to 22 U.S.C. 276h, and the order of the House of January 3, 2013, the Speaker appointed the following members of the House to the Mexico-United States Interparliamentary Group: Mr. McCaul and Mr. Duffy.
7:08:58 P.M.		Canada-United States Interparliamentary Group – Pursuant to 22 U.S.C. 276d and the order of the House of January 3, 2013, the Speaker appointed the following members of the House to the Canada-United States Interparliamentary Group: Mr. Huizenga of MI and Mrs. Miller of MI.
7:09:46 P.M.		Mr. Rokita moved that the House do now adjourn.
7:09:48 P.M.		On motion to adjourn Agreed to by voice vote.
7:09:51 P.M.		The House adjourned. The next meeting is scheduled for 9:00 a.m. on July 19, 2013.