[Congressional Record Volume 149, Number 10 (Tuesday, January 21, 2003)]
[Senate]
[Pages S1234-S1238]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL AMBER ALERT NETWORK ACT OF 2003
The PRESIDING OFFICER (Mrs. Dole). Under the previous order, the
clerk will report S. 121.
The assistant legislative clerk read as follows:
A bill (S. 121) to enhance the operation of the AMBER Alert
communications network in order to facilitate the recovery of
abducted children, to provide for enhanced notification on
highways of alerts and information on such children, and for
other purposes.
Mr. NELSON of Florida. Madam President, I have a parliamentary
inquiry. I had asked for the yeas and nays, and there was determined to
be a sufficient second.
Could you inform me, on the Nelson amendment, what is the
parliamentary situation?
The PRESIDING OFFICER. The yeas and nays have been ordered on that
amendment.
Mr. REID. Madam President, if I could ask the Chair to direct the
Senator's attention to the Senator from Nevada, it is my understanding
we have a vote scheduled for 5:15. There are 15 minutes of debate prior
to that time. The two leaders are trying to figure out what votes are
going to come next. We have a series of amendments that have been
offered today. I ask that my friend from Florida withhold until the two
leaders have determined the time for the vote.
The PRESIDING OFFICER. The Senator from Utah is recognized.
Mr. HATCH. Madam President, I rise in strong support of S. 121, the
National AMBER Alert Network Act of 2003. Specifically, I congratulate
and thank my colleagues who have worked so hard toward the passage of
this needed legislation: Senators Kay Bailey Hutchison and Dianne
Feinstein. Both of them are deserving of the credit for this bill. I am
very proud to align myself with both of them.
Senator Hutchison has been a great leader in this area, and I am very
much appreciative of her. Also, Senator Leahy and others have worked
hard on this bill.
The horrific kidnapping of Elizabeth Smart in my home State of Utah
is illustrative of a terrifying wave of recent child abductions that
has swept our Nation. Clearly, there is a tremendous need for
legislation to help communities fight these terrible crimes.
Without question, when it comes to child abductions, time is of the
essence. We are all too aware that child abductors prey on the
youngest, most innocent and vulnerable members of our society--often
for the purpose of committing other serious violent crimes against
them.
Too often, it is only a matter of hours before a kidnapper abuses,
assaults or kills the child victim.
According to figures released by the Bureau of Justice Statistics,
almost 75 percent of the murders that occur following child abductions
happen within the first 3 hours.
AMBER Alert systems are critical to successful search and recovery
efforts because they enable law enforcement authorities to galvanize
entire communities to assist in the safe recovery of child victims.
We recently witnessed the success of the AMBER Alert system in
California where the system was used to broadcast the disappearance of
Nichole Timmons. After she was recognized, Nichole was safely recovered
in the neighboring State of Nevada.
In another recent California case, the AMBER Alert system was used to
broadcast the disappearances of Tamera Brooks and Jaqueline Marris.
Just hours after their abduction, and minutes before their possible
murder, the two young women were found.
My home State of Utah recently adopted a statewide alert program
aimed at preventing child abduction called the Rachel Alert. The
program was named after young Rachel Runyan who was kidnapped from
behind her home in Sunset, UT, and later found murdered.
I know that law enforcement agencies are working closely with
broadcasters and the public to develop AMBER Alert systems across our
country. Despite these efforts, however, I believe a National AMBER
Alert Coordinator in the Department of Justice is needed to assist
States in developing effective alert plans that can be coordinated
nationwide.
Fortunately, we already have the technology in place to do just
that--the Emergency Broadcast System. For years, broadcasters have been
cooperating with Government officials and reaching Americans across our
country by issuing emergency alerts on our televisions and radios. We
have all experienced an interruption in regular
[[Page S1235]]
programming so that a news breaking announcement can be made. With the
addition of a National AMBER Alert Coordinator and continued
cooperation between law enforcement officials and broadcasters, we can
create an effective national AMBER Alert system.
Just now, I walked into the Senate Chamber with Ed Smart, who, as the
country knows, has joined with his wife and family to launch one of the
most brave, concerted, and vigilant efforts ever known to locate their
precious daughter, Elizabeth.
On many occasions, Ed and Lois Smart have educated me about the need
for enhanced efforts to combat child abduction, such as the National
AMBER Alert Network Act.
This measure is overwhelmingly supported by the Smart family and all
the parents who have firsthand experience with the uncertainty, pain,
and trauma that exist while waiting for news about an abducted child.
We have no greater resource than our children, and we need to see to
it that we do all we can to protect them from predators of all types.
So let us pass this legislation for Elizabeth Smart and Rachel Runyon
and, indeed, for all children in our Nation.
Madam President, I yield the remainder of our time to the
distinguished Senator from Texas, who deserves so much credit for being
on top of this bill and bringing it to the Senate.
The PRESIDING OFFICER. The Senator from Texas.
Mrs. HUTCHISON. Madam President, how much time do I have?
The PRESIDING OFFICER. Five minutes forty-five seconds.
Mrs. HUTCHISON. Madam President, Senator Feinstein and I introduced
this bill last session. Under the leadership of Senator Leahy and
Senator Hatch, it went through in a remarkably short amount of time.
Everyone could see the need for this bill, something that could be done
on a volunteer basis, but with that Coordinator in the Department of
Justice, we could really make a difference when a child is abducted in
this country.
Unfortunately, the bill died in the House. So we have introduced the
bill again. And this time, once again, through the leadership of
Senator Hatch and Senator Leahy, it has gone through the committee in
record time. I hope we can pass this bill and give the House plenty of
time to also pass this legislation and send it to the President.
The President has asked for this bill. He knows we need legislation
on the books to create this Coordinator and to help every abducted
child have a chance to live.
A Department of Justice study shows that 75 percent of child
homicides occur within 3 hours of abduction. AMBER Alerts have gone out
within 17 minutes of an abduction. That means we are giving law
enforcement personnel the help they need to find this person who takes
a child and wants to do harm to this child.
Forty-three abducted children have been recovered with the assistance
of AMBER Alerts. We now have 85 regional AMBER Alerts in this country,
up from 53 when we introduced the bill last summer.
People like Joann Donnellan are running the National Center for
Missing and Exploited Children and have provided the technical
assistance to States and local governments to help us find these
children quickly.
In fact, this bill is named for Amber Hagerman of Arlington, TX, who
was abducted in 1996 and found murdered. Her death had such an impact
on the community that it was determined that if we could get the word
out and try to find someone who had taken a child, that it would help
save these children.
In fact, we have found that AMBER Alerts have been so effective that
an abductor who saw an AMBER Alert sign in California went to the side
of the road and let the child out because he knew he was going to be
caught and that he was in trouble. So it is very effective.
What we want to do is have a Coordinator in the Justice Department
who a local law enforcement official can call and not have to make 10
calls to contiguous States. He or she can make that one call to the
AMBER Alert Coordinator in the Justice Department. That person will
then be able to put the word out in contiguous States, without having
to go through different call lists and wasting time.
We know that time saves lives in AMBER Alerts. When a child is
abducted, if we can save time, we can give that child the chance to not
be harmed or horribly murdered, as we have seen in so many instances
with child abductions.
It is hard for me to understand how someone could prey on a
defenseless child. It is the worst nightmare a parent would have to
hear, that her child or his child has been taken by a stranger and you
don't know what has happened. I have met with the parents of Elizabeth
Smart, the wonderful couple from Utah, who have lost their child to an
abductor and still have not heard from her. The agony they must go
through every day is something no parent can imagine.
With this bill, we will put the coordinator in place. We will help
set criteria for when an AMBER Alert would go out. We thank the
National Association of Broadcasters and the local broadcasters
associations because they voluntarily put the word out through radio
and television in a community where this has occurred.
We want to make that go further and wider. We also want to try to
help States with signage and help them know what works. For instance,
the blinking signs on highways have been very effective.
This is a bill that will make a difference. We know that if we can
find a child within 24 hours, we have the best chance for them to be
recovered safely.
I thank Senator Feinstein, my cosponsor of this bill, and thank again
Senators Hatch and Leahy for pushing this bill through the Judiciary
Committee in record time because we know this bill needs to be on the
books.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Madam President, I am very pleased the Senate is again
taking up and passing the AMBER Alert Network Act. I remember last year
when Senator Hutchison would meet me coming in one door of the Senate
and she would say: This bill is extremely important. Can we get it up
and pass it.
And before I would get to the other door, Senator Feinstein would
grab me saying the same thing.
I went to the Judiciary Committee with it. I must say with the strong
help and support of the then-ranking member, now chairman of the
committee, Senator Hatch. In the course of just 1 week after we
introduced this, we held a hearing on the AMBER Alert bill. We passed
it in the Judiciary Committee, and we passed it in the full Senate.
That is almost unheard of.
This is a case of what can happen in the Senate when people set aside
political or partisan labels, work together and make sure something can
pass.
It was unfortunate that the House did not pass it but now we will
give them a chance. I am proud to join Senator Hutchison and Senator
Feinstein as an original cosponsor of the legislation.
Senator Hutchison said it very well, the reasons for the legislation,
as did Senator Hatch. I commend those Senators for their leadership.
Senator Hutchison and Senator Feinstein have been absolutely dynamic in
this case. Because of their support, they made it possible for Senator
Hatch and I to get the unanimous support of the Judiciary Committee to
move this bill.
It has been credited with recovering 43 children nationwide; 84
modified versions have been adopted in local, regional and Statewide
locations. And 33 States have a Statewide plan.
My home State of Vermont is not yet one of them, but this bill would
help towns and counties in States such as mine to build and maintain
the AMBER Alert.
We spoke about how parents feel. I can imagine, when my children were
growing up, the terrible fear that my wife and I would have had at the
disappearance of any one of them. I don't know how a parent or
grandparent gets through that. I don't know how members of the family
get through it. The most vulnerable and most trusting part of our
society is our children. Because they are the most vulnerable and the
most trusting, we, not only as legislators but as parents, as family
members, owe a particular duty to them.
I know President Bush is ready to sign this bill as soon as it is
passed by
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both bodies and goes to his desk. I urge all Senators to vote for it to
send a very clear message to the other body that we support it. It is a
bipartisan bill. They would then pass it. The President will sign it.
Mr. FEINGOLD. Madam President, I am pleased to support the National
Amber Alert Network Act of 2003. I urge the House of Representatives to
take prompt action to pass this critical legislation and for the
President to support it.
We have all heard the stories of parents who have found themselves
trying to find a child who has been abducted, while fearing serious
injury or even death. While local law enforcement officials work
tirelessly to locate these children, the reality is that they are not
always able to find a child in time without the help of the public.
What has made the difference around the country in many communities
is the Amber program, a system designed to get critical information to
the general public that might lead to locating a child and his or her
abductor before the worst can happen.
The National Amber Alert Network Act of 2003 builds upon successful
local programs and encourages other communities to develop Amber
programs. The National Amber Alert Network Act of 2003 would enhance
local programs by giving State and local communities help in
apprehending an abductor who takes a child and then crosses State
lines. In Wisconsin, there are three Amber programs in effect, in
Madison, in La Crosse and in Green Bay. But, if a child is taken from
Wisconsin and brought across State lines to another State, the local
Amber programs have no uniform way to get critical information from one
State to another.
The National Amber Alert Network Act of 2003 would allow communities
the flexibility to develop Amber programs that are responsive to the
needs of their areas and provide Federal assistance and coordination
for local programs. The National Amber Alert Network Act would have the
Department of Justice create a national coordinator to work on
interstate issues, develop voluntary minimum standards for the issuance
and dissemination of Amber alerts, and provide matching grants for the
development and enhancement of local Amber alert plans.
The cost of implementing the National Amber Alert Network Act of 2003
is small when we consider the price every parent and community must pay
when children are not protected. I am hopeful the National Amber Alert
Network Act will help local programs continue to reunite families and
apprehend their abductors.
(At the request of Mr. Leahy, the following statement was ordered to
be printed in the Record.)
Mrs. FEINSTEIN. Madam President, today, the Senate will vote
on a bill that will save children's lives by expanding the existing
AMBER Alert program nationwide.
I want to commend Senator Kay Bailey Hutchison for her continued
leadership on this legislation. Her work on this bill has been
extraordinary.
I also want give a special thanks to Senator Hatch, Chairman of the
Judiciary Committee, and to Senator Leahy, the Ranking Member, for
putting the National Amber Alert Network Act on the fast track to the
Senate Floor.
Senator Hutchison and I introduced the bill on January 9th, 2003.
Now, just a couple of weeks later, we are voting on Senate passage. I
am hopeful that this tidal wave of Senate support will carry over to
the House and we soon will have a national AMBER Alert law.
So what are AMBER Alerts? AMBER Alerts are official bulletins
transmitted over the airwaves to enlist the public's help in tracking
down child abductors fleeing a crime scene.
AMBER Alerts are such powerful tools because they can be issued
within minutes of an abduction and reach a wide public audience.
Statistics show that children in the most dangerous abduction cases
have precious little time until their safety is compromised.
According to a study by the U.S. Department of Justice, 74 percent of
children who were abducted, and later found murdered, are killed in the
first hours after being taken.
Simply put, we need more AMBER Alerts because they may be the best
tool law enforcement has to save kidnaped children facing imminent
danger.
The National AMBER Alert Network Act has three key components.
First, the legislation would authorize $20 million to the Department
of Transportation and $5 million to the Department of Justice in FY
2004 to provide grants for the development of AMBER Alert systems,
electronic message boards, and training and education programs in
states that do not have AMBER Alerts.
To date, AMBER Alert systems exist in 34 states and a total of 85
local, regional and state jurisdictions. This bill would help the
expansion of AMBER Alerts to new jurisdictions.
Second, the bill would build upon the President's Executive Order by
authorizing a national coordinator for AMBER Alerts in the Department
of Justice to expand the network of AMBER Alert systems and to
coordinate the issuance of region-wide AMBER Alerts.
Third, the bill provides a framework for the Department of Justice to
establish minimum standards for the regional coordination of AMBER
alerts. The Department of Justice, working with the National Center for
Missing and Exploited Children and other private organizations with
expertise in this area, would build upon the best standards currently
in place.
The effectiveness of AMBER Alerts depends on the continued judicious
use of the system so that the public does not grow to ignore the
warnings.
Furthermore, it is the specific intent of this bill not to interfere
with the operation of the 85 AMBER plans that are working today.
Participation in regional AMBER plans is voluntary, and any plan that
wishes to go it alone may still do so.
I urge members to support this bill because AMBER Alerts have a
proven track record.
Nationally, since 1996, the AMBER Alert has been credited with the
safe return of 43 children to their families, including one case in
which an abductor reportedly released the child after hearing the alert
himself.
I would like to briefly describe two of these cases: the rescues of
10-year-old Nichole Timmons from Riverside and four-year-old Jessica
Cortez from Los Angeles.
Last fall, Nichole Timmons and her mother Sharon attended a hearing
of the Senate Judiciary Subcommittee on Technology, Terrorism, and
Government Information on the AMBER Alert program.
In moving testimony, Sharon described how Nichole was abducted from
their Riverside home on August 20, 2002 and how an AMBER Alert brought
her daughter back to her within hours of the abduction.
In Nichole's case, an Alert was issued not just in California, but in
Nevada as well.
After learning about the Alert, a tribal police officer in Nevada
spotted the truck of Nichole's abductor and stopped him within 24 hours
of the abduction.
He was found with duct tape and a metal pipe. The AMBER Alert was the
only reason that Nichole was able to return home to her mother--safe.
I can't think of any testimony in support of a bill more powerful
than the sight of a mother sitting next to her daughter who she thought
might be gone forever.
The second case I want to mention is that of Jessica Cortez. Jessica
disappeared from Echo Park in Los Angeles on August 11, 2002.
But when Jessica's abductor took her to a clinic for medical care,
receptionist Denise Leon recognized Jessica from the AMBER Alert and
notified law enforcement.
Without the publicity generated by the Alert, Jessica could have been
lost to her parents forever.
Through this legislation, we will extend to every corner of the
nation a network of AMBER Alerts that will protect our children.
This program will increase the odds that an abducted child will
return to his or her family safely.
But importantly, it will deter potential abductors from taking a
child in the first place.
As Marc Klaas said at a hearing on the bill last fall, this
legislation will ``save kid's lives.''
Mr. LEAHY. Madam President, I yield back whatever time remains on
this side.
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Mr. HATCH. Madam President, I yield back whatever time we have, and I
ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be.
The yeas and nays were ordered.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The question is on the passage of the bill.
The yeas and nays have been ordered. The clerk will call the roll.
The legislative clerk called the roll.
Mr. McCONNELL. I announce that the Senator from Kansas (Mr.
Brownback) is necessarily absent.
Mr. REID. I announce that the Senator from New Mexico (Mr. Bingaman),
the Senator from South Dakota (Mr. Daschle), the Senator from
California (Mrs. Feinstein), the Senator from Florida (Mr. Graham), the
Senator from Iowa (Mr. Harkin) the Senator from South Carolina (Mr.
Hollings), and the Senator from Arkansas (Mrs. Lincoln) are necessarily
absent.
I further announce that, if present and voting, the Senator from
Arkansas (Mrs. Lincoln) would vote ``Aye''.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 92, nays 0, as follows:
[Rollcall Vote No. 9 Leg.]
YEAS--92
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bond
Boxer
Breaux
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Chambliss
Clinton
Cochran
Coleman
Collins
Conrad
Cornyn
Corzine
Craig
Crapo
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Edwards
Ensign
Enzi
Feingold
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
McCain
McConnell
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden
NOT VOTING--8
Bingaman
Brownback
Daschle
Feinstein
Graham (FL)
Harkin
Hollings
Lincoln
The bill (S. 121) was passed, as follows:
S. 121
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National AMBER Alert Network
Act of 2003''.
SEC. 2. NATIONAL COORDINATION OF AMBER ALERT COMMUNICATIONS
NETWORK.
(a) Coordination Within Department of Justice.--The
Attorney General shall assign an officer of the Department of
Justice to act as the national coordinator of the AMBER Alert
communications network regarding abducted children. The
officer so designated shall be known as the AMBER Alert
Coordinator of the Department of Justice.
(b) Duties.--In acting as the national coordinator of the
AMBER Alert communications network, the Coordinator shall--
(1) seek to eliminate gaps in the network, including gaps
in areas of interstate travel;
(2) work with States to encourage the development of
additional elements (known as local AMBER plans) in the
network;
(3) work with States to ensure appropriate regional
coordination of various elements of the network; and
(4) act as the nationwide point of contact for--
(A) the development of the network; and
(B) regional coordination of alerts on abducted children
through the network.
(c) Consultation With Federal Bureau of Investigation.--In
carrying out duties under subsection (b), the Coordinator
shall notify and consult with the Director of the Federal
Bureau of Investigation concerning each child abduction for
which an alert is issued through the AMBER Alert
communications network.
(d) Cooperation.--The Coordinator shall cooperate with the
Secretary of Transportation and the Federal Communications
Commission in carrying out activities under this section.
SEC. 3. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF
ALERTS THROUGH AMBER ALERT COMMUNICATIONS
NETWORK.
(a) Establishment of Minimum Standards.--Subject to
subsection (b), the AMBER Alert Coordinator of the Department
of Justice shall establish minimum standards for--
(1) the issuance of alerts through the AMBER Alert
communications network; and
(2) the extent of the dissemination of alerts issued
through the network.
(b) Limitations.--(1) The minimum standards established
under subsection (a) shall be adoptable on a voluntary basis
only.
(2) The minimum standards shall, to the maximum extent
practicable (as determined by the Coordinator in consultation
with State and local law enforcement agencies), provide that
the dissemination of an alert through the AMBER Alert
communications network be limited to the geographic areas
most likely to facilitate the recovery of the abducted child
concerned.
(3) In carrying out activities under subsection (a), the
Coordinator may not interfere with the current system of
voluntary coordination between local broadcasters and State
and local law enforcement agencies for purposes of the AMBER
Alert communications network.
(c) Cooperation.--(1) The Coordinator shall cooperate with
the Secretary of Transportation and the Federal
Communications Commission in carrying out activities under
this section.
(2) The Coordinator shall also cooperate with local
broadcasters and State and local law enforcement agencies in
establishing minimum standards under this section.
SEC. 4. GRANT PROGRAM FOR NOTIFICATION AND COMMUNICATIONS
SYSTEMS ALONG HIGHWAYS FOR RECOVERY OF ABDUCTED
CHILDREN.
(a) Program Required.--The Secretary of Transportation
shall carry out a program to provide grants to States for the
development or enhancement of notification or communications
systems along highways for alerts and other information for
the recovery of abducted children.
(b) Activities.--Activities funded by grants under the
program under subsection (a) may include--
(1) the development or enhancement of electronic message
boards along highways and the placement of additional signage
along highways; and
(2) the development or enhancement of other means of
disseminating along highways alerts and other information for
the recovery of abducted children.
(c) Federal Share.--The Federal share of the cost of any
activities funded by a grant under the program under
subsection (a) may not exceed 50 percent.
(d) Distribution of Grant Amounts on Geographic Basis.--The
Secretary shall, to the maximum extent practicable, ensure
the distribution of grants under the program under subsection
(a) on an equitable basis throughout the various regions of
the United States.
(e) Administration.--The Secretary shall prescribe
requirements, including application requirements, for grants
under the program under subsection (a).
(f) Authorization of Appropriations.--(1) There is
authorized to be appropriated for the Department of
Transportation $20,000,000 for fiscal year 2004 to carry out
this section.
(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until
expended.
SEC. 5. GRANT PROGRAM FOR SUPPORT OF AMBER ALERT
COMMUNICATIONS PLANS.
(a) Program Required.--The Attorney General shall carry out
a program to provide grants to States for the development or
enhancement of programs and activities for the support of
AMBER Alert communications plans.
(b) Activities.--Activities funded by grants under the
program under subsection (a) may include--
(1) the development and implementation of education and
training programs, and associated materials, relating to
AMBER Alert communications plans;
(2) the development and implementation of law enforcement
programs, and associated equipment, relating to AMBER Alert
communications plans; and
(3) such other activities as the Secretary considers
appropriate for supporting the AMBER Alert communications
program.
(c) Federal Share.--The Federal share of the cost of any
activities funded by a grant under the program under
subsection (a) may not exceed 50 percent.
(d) Distribution of Grant Amounts on Geographic Basis.--The
Attorney General shall, to the maximum extent practicable,
ensure the distribution of grants under the program under
subsection (a) on an equitable basis throughout the various
regions of the United States.
(e) Administration.--The Attorney General shall prescribe
requirements, including application requirements, for grants
under the program under subsection (a).
(f) Authorization of Appropriations.--(1) There is
authorized to be appropriated for the Department of Justice
$5,000,000 for fiscal year 2004 to carry out this section.
(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until
expended.
Mr. STEVENS. Madam President, I move to reconsider the vote.
Mr. CRAIG. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
[[Page S1238]]
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