[Congressional Record (Bound Edition), Volume 158 (2012), Part 6]
[House]
[Pages 8666-8669]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 HEALTH CARE COST REDUCTION ACT OF 2012

  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further 
consideration of the bill (H.R. 436) to amend the Internal Revenue Code 
of 1986 to repeal the excise tax on medical devices, will now resume.
  The Clerk read the title of the bill.

[[Page 8667]]




                           Motion to Recommit

  Mr. BISHOP of New York. Mr. Speaker, I have a motion at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. BISHOP of New York. I am in its current form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Bishop of New York moves to recommit the bill H.R. 436 
     to the Committee on Ways and Means with instructions to 
     report the same back to the House forthwith with the 
     following amendment:
       Page 1, after line 8, insert the following:
       (b) Prohibiting Tax Benefits for Companies That Outsource 
     American Jobs.--
       (1) In general.--The amendment made by subsection (a) shall 
     not apply to any sale of a taxable medical device by the 
     manufacturer, producer, or importer which outsourced American 
     jobs during the testing period with respect to such sale.
       (2) Determination of outsourced american jobs.--For 
     purposes of paragraph (1), American jobs are outsourced by a 
     manufacturer, producer, or importer, as the case may be, 
     during a testing period if the manufacturer, producer, or 
     importer has fewer full-time equivalent employees in the 
     United States on the last day of the testing period as 
     compared to the first day of the testing period and has an 
     increase in the full-time equivalent employees outside the 
     United States on the last day of the testing period as 
     compared to the first day of the testing period.
       (3) Definitions and special rules.--For purposes of this 
     subsection--
       (A) Testing period.--The testing period with respect to a 
     sale is the calendar year in which the date of sale occurs.
       (B) Employees outside the united states.--An employee shall 
     be treated as employed by the employer outside the United 
     States whether employed directly or indirectly through a 
     controlled foreign corporation (as defined in section 957) or 
     a pass-through entity in which the taxpayer holds at least 50 
     percent of the capital or profits interest.
       (C) Exception for employees separated voluntarily or for 
     cause.--The number of full-time equivalent employees shall be 
     determined without regard to any employee separated from 
     employment voluntarily or for cause.
       (4) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out this subsection, including 
     regulations or guidance on employer aggregation, mergers and 
     acquisitions, and dispositions of an employer and rules 
     regarding the payment date for taxes owed if the offshoring 
     occurs after the date of a sale.
       Page 1, line 9, strike ``(b)'' and insert ``(c)''.
       Page 2, line 1, strike ``(c)'' and insert ``(d)''.

  Mr. BISHOP of New York (during the reading). Mr. Speaker, I ask 
unanimous consent to waive the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  Mr. PAULSEN. Mr. Speaker, I object.
  The SPEAKER pro tempore. Objection is heard.
  The Clerk will read.
  The Clerk continued to read.
  Mr. PAULSEN. Mr. Speaker, I reserve a point of order against the 
motion to recommit.
  The SPEAKER pro tempore. A point of order is reserved.
  The gentleman from New York is recognized for 5 minutes.
  Mr. BISHOP of New York. Mr. Speaker, this is the final and only 
amendment any Member has been given the opportunity to offer to this 
bill. It will not kill the bill or send it back to committee. If 
adopted, H.R. 436 will immediately proceed to final passage as amended.
  The amendment I offer is a simple, commonsense effort to discourage 
American employers from outsourcing American jobs. It conditions the 
repeal of the medical device tax on an employer keeping jobs in the 
United States. If a device manufacturer sends jobs overseas during a 
calendar year, then the repeal of the tax does not apply to that 
manufacturer for that year.
  Both Democrats and Republicans want to create conditions that get 
American families back to work; both Democrats and Republicans agree 
that the Tax Code should discourage employers from shipping jobs 
overseas; and both Democrats and Republicans want American families to 
prosper and have the opportunity to achieve limitless possibilities. 
But we have different approaches to achieving that goal. While we have 
different approaches, I think all reasonable people can agree that the 
ultimate job destroyer is outsourcing.
  I listened very carefully to the debate that took place on the 
underlying bill. Virtually every speaker on the Republican side of the 
aisle mentioned jobs, mentioned employment, mentioned job-killing 
regulations, job-killing taxes. I think the best way to kill a job 
isn't a regulation and it isn't a tax. The best way to kill a job and 
to kill American opportunity is to have that job done by someone 
overseas instead of by an American simply because it's cheaper to have 
that job done overseas.
  This is an issue that weighs heavily on the minds of our 
constituents. A 2009 Harvard study found that half of all Americans are 
resentful of businesses that send jobs overseas, and over 80 percent 
have concern for their family's future due to outsourcing. No American 
should be fearful that their job will be shipped overseas, and this 
Congress should end those policies that provoke this anxiety.
  The Tax Code still gives incentives to employers who create jobs in 
foreign countries rather than here at home. Our Republican colleagues 
rail against foreign aid, but isn't providing another country a job 
that an American could do the ultimate example of foreign aid?
  I doubt we'll be able to eliminate outsourcing, but with this 
amendment, this Congress can discourage it. Adopting this amendment is 
our first step towards reforming our tax system in a way that benefits 
American businesses and American workers. Every time a U.S. business 
moves operations overseas, we lose opportunity, we lose economic 
growth, we lose competitiveness, and we lose desperately needed revenue 
necessary to reduce the deficit.
  This bill was considered under a closed rule, so Republicans can't 
justify their opposition with the usual claim that Democrats are trying 
to subvert an open amendment process. An open amendment process simply 
didn't exist for this bill. This time there is no hiding: Either you 
support American jobs for Americans or you don't.
  I urge all Members to support this amendment and to protect American 
jobs.
  I yield back the balance of my time.
  Mr. PAULSEN. Mr. Speaker, I withdraw my point of order and seek time 
in opposition.
  The SPEAKER pro tempore. The gentleman withdraws his point of order.
  The gentleman from Minnesota is recognized for 5 minutes.
  Mr. PAULSEN. Mr. Speaker, this motion is nothing more than a 
distraction from the real issue, and that is stopping a massive, job-
killing tax increase from taking place on the medical device industry. 
The legislation before us today is a bipartisan initiative to repeal 
that tax and make health care more affordable for all Americans.
  House Republicans want to reduce health care costs and make coverage 
more affordable for families who are struggling. Democrats clearly 
rammed through a one-size-fits-all health care law that has made health 
care more expensive, and now they're back at it again attempting to 
thwart efforts to bring down health care costs.
  This is about saving American jobs. This industry is one of America's 
best success stories that accounts for about 423,000 jobs across the 
country. It's made up of America's best innovators, entrepreneurs, 
engineers, doctors, and risk-takers who are improving and saving lives. 
This will all change, Mr. Speaker, unless we stop this tax, a $29 
billion tax in just a little over 6 months that will cost this industry 
over tens of thousands of jobs, according to studies.
  There's also two other important provisions that are in this 
legislation, Mr. Speaker. First of all, Congresswoman Jenkins' 
legislation that ensures that all families with an FSA or an HSA 
account can use their own health care dollars for their own health care 
needs for simple, over-the-counter medications without having to go to 
a doctor for a prescription. And we've also got Congressman Boustany's 
legislation, which will allow flexible spending account participants to 
withdraw their own unused, hard-earned dollars at the end of the year.

[[Page 8668]]



                              {time}  1630

  Mr. Speaker, this legislation has 240 coauthors. It's bipartisanly 
supported. I urge rejection of the motion to recommit and support of 
the underlying legislation.
  I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. BISHOP of New York. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--yeas 179, 
nays 239, not voting 13, as follows:

                             [Roll No. 360]

                               YEAS--179

     Ackerman
     Altmire
     Andrews
     Baca
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Duncan (TN)
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holden
     Holt
     Honda
     Hoyer
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kaptur
     Keating
     Kildee
     Kind
     Kissell
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NAYS--239

     Adams
     Aderholt
     Alexander
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Davis (KY)
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Latham
     LaTourette
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--13

     Akin
     Baldwin
     Bass (CA)
     Bilirakis
     Coble
     Filner
     Hastings (FL)
     Kucinich
     Lewis (CA)
     Marino
     Paul
     Shuler
     Slaughter

                              {time}  1656

  Messrs. HUNTER, SHIMKUS, and SCHOCK changed their vote from ``yea'' 
to ``nay.''
  Mr. CARNEY and Mr. DAVIS of Illinois changed their vote from ``nay'' 
to ``yea.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Mr. Speaker, on rollcall 360, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``yea.''
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. LEVIN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 270, 
nays 146, not voting 15, as follows:

                             [Roll No. 361]

                               YEAS--270

     Adams
     Aderholt
     Alexander
     Altmire
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Cardoza
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coffman (CO)
     Cole
     Conaway
     Costa
     Cravaack
     Crawford
     Crenshaw
     Critz
     Cuellar
     Culberson
     Davis (CA)
     Davis (KY)
     DeFazio
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellison
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Higgins
     Hochul
     Holden
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Keating
     Kelly
     Kind
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Latham
     LaTourette
     Latta
     Lipinski
     LoBiondo
     Loebsack
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Matheson
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum

[[Page 8669]]


     McCotter
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     McNerney
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paulsen
     Pearce
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Sewell
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Speier
     Stearns
     Stivers
     Stutzman
     Sullivan
     Sutton
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Tonko
     Tsongas
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Walz (MN)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                               NAYS--146

     Ackerman
     Andrews
     Baca
     Becerra
     Berkley
     Berman
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costello
     Courtney
     Crowley
     Cummings
     Davis (IL)
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Heinrich
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holt
     Honda
     Hoyer
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Kildee
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McDermott
     McGovern
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sherman
     Sires
     Smith (WA)
     Stark
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                             NOT VOTING--15

     Akin
     Baldwin
     Bass (CA)
     Bilirakis
     Coble
     Filner
     Gohmert
     Hastings (FL)
     Kucinich
     Lewis (CA)
     Marino
     Paul
     Schmidt
     Shuler
     Slaughter

                              {time}  1704

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated against:
  Mr. FILNER. Mr. Speaker, on rollcall No. 361, I was away from the 
Capitol due to prior commitments to my constituents. Had I been 
present, I would have voted ``no.''


                          Personal Explanation

  Mr. AKIN. Mr. Speaker, on rollcall No. 360 and 361, I was delayed and 
unable to vote. Had I been present I would have voted ``no'' on 
rollcall No. 360 and ``aye'' on rollcall No. 361.

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