[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5074 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5074

To reauthorize the National Institute of Standards and Technology, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 2010

    Mr. Wu introduced the following bill; which was referred to the 
                  Committee on Science and Technology

_______________________________________________________________________

                                 A BILL


 
To reauthorize the National Institute of Standards and Technology, and 
                          for other purposes.

    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 Institute of Standards and 
Technology Authorization Act of 2010''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2011.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $1,012,100,000 for the National 
        Institute of Standards and Technology for fiscal year 2011.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $620,000,000 shall be authorized for scientific 
                and technical research and services laboratory 
                activities;
                    (B) $125,000,000 shall be authorized for the 
                construction and maintenance of facilities; and
                    (C) $267,100,000 shall be authorized for industrial 
                technology services activities, of which--
                            (i) $116,000,000 shall be authorized for 
                        the Technology Innovation Program under section 
                        28 of the National Institute of Standards and 
                        Technology Act (15 U.S.C. 278n);
                            (ii) $141,100,000 shall be authorized for 
                        the Manufacturing Extension Partnership program 
                        under sections 25 and 26 of such Act (15 U.S.C. 
                        278k and 278l); and
                            (iii) $10,000,000 shall be authorized for 
                        the Malcolm Baldrige National Quality Award 
                        program under section 17 of the Stevenson-
                        Wydler Technology Innovation Act of 1980 (15 
                        U.S.C. 3711a).
    (b) Fiscal Year 2012.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $1,035,400,000 for the National 
        Institute of Standards and Technology for fiscal year 2012.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $657,200,000 shall be authorized for scientific 
                and technical research and services laboratory 
                activities;
                    (B) $85,000,000 shall be authorized for the 
                construction and maintenance of facilities; and
                    (C) $293,200,000 shall be authorized for industrial 
                technology services activities, of which--
                            (i) $132,000,000 shall be authorized for 
                        the Technology Innovation Program under section 
                        28 of the National Institute of Standards and 
                        Technology Act (15 U.S.C. 278n);
                            (ii) $150,900,000 shall be authorized for 
                        the Manufacturing Extension Partnership program 
                        under sections 25 and 26 of such Act (15 U.S.C. 
                        278k and 278l); and
                            (iii) $10,300,000 shall be authorized for 
                        the Malcolm Baldrige National Quality Award 
                        program under section 17 of the Stevenson-
                        Wydler Technology Innovation Act of 1980 (15 
                        U.S.C. 3711a).
    (c) Fiscal Year 2013.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $1,137,809,000 for the National 
        Institute of Standards and Technology for fiscal year 2013.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $696,700,000 shall be authorized for scientific 
                and technical research and services laboratory 
                activities;
                    (B) $122,000,000 shall be authorized for the 
                construction and maintenance of facilities; and
                    (C) $319,109,000 shall be authorized for industrial 
                technology services activities, of which--
                            (i) $147,000,000 shall be authorized for 
                        the Technology Innovation Program under section 
                        28 of the National Institute of Standards and 
                        Technology Act (15 U.S.C. 278n);
                            (ii) $161,500,000 shall be authorized for 
                        the Manufacturing Extension Partnership program 
                        under sections 25 and 26 of such Act (15 U.S.C. 
                        278k and 278l); and
                            (iii) $10,609,000 shall be authorized for 
                        the Malcolm Baldrige National Quality Award 
                        program under section 17 of the Stevenson-
                        Wydler Technology Innovation Act of 1980 (15 
                        U.S.C. 3711a).
    (d) Fiscal Year 2014.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $1,188,277,000 for the National 
        Institute of Standards and Technology for fiscal year 2014.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $738,500,000 shall be authorized for scientific 
                and technical research and services laboratory 
                activities;
                    (B) $124,000,000 shall be authorized for the 
                construction and maintenance of facilities; and
                    (C) $325,727,000 shall be authorized for industrial 
                technology services activities, of which--
                            (i) $142,000,000 shall be authorized for 
                        the Technology Innovation Program under section 
                        28 of the National Institute of Standards and 
                        Technology Act (15 U.S.C. 278n);
                            (ii) $172,800,000 shall be authorized for 
                        the Manufacturing Extension Partnership program 
                        under sections 25 and 26 of such Act (15 U.S.C. 
                        278k and 278l); and
                            (iii) $10,927,000 shall be authorized for 
                        the Malcolm Baldrige National Quality Award 
                        program under section 17 of the Stevenson-
                        Wydler Technology Innovation Act of 1980 (15 
                        U.S.C. 3711a).
    (e) Fiscal Year 2015.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $1,255,955,000 for the National 
        Institute of Standards and Technology for fiscal year 2015.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $782,800,000 shall be authorized for scientific 
                and technical research and services laboratory 
                activities;
                    (B) $133,000,000 shall be authorized for the 
                construction and maintenance of facilities; and
                    (C) $340,155,000 shall be authorized for industrial 
                technology services activities, of which--
                            (i) $144,000,000 shall be authorized for 
                        the Technology Innovation Program under section 
                        28 of the National Institute of Standards and 
                        Technology Act (15 U.S.C. 278n);
                            (ii) $184,900,000 shall be authorized for 
                        the Manufacturing Extension Partnership program 
                        under sections 25 and 26 of such Act (15 U.S.C. 
                        278k and 278l); and
                            (iii) $11,255,000 shall be authorized for 
                        the Malcolm Baldrige National Quality Award 
                        program under section 17 of the Stevenson-
                        Wydler Technology Innovation Act of 1980 (15 
                        U.S.C. 3711a).

SEC. 3. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND TECHNOLOGY.

    (a) In General.--Section 5 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3704) is amended--
            (1) in the heading, by striking ``experimental program to 
        stimulate competitive'' and inserting ``standards and'';
            (2) in the heading in subsection (a), by striking ``Program 
        Establishment'' and inserting ``Establishment of Experimental 
        Program To Stimulate Competitive Technology'';
            (3) by redesignating subsections (a) through (c) as 
        subsections (b) through (d), respectively; and
            (4) by inserting before subsection (b), as so redesignated, 
        the following:
    ``(a) Under Secretary of Commerce for Standards and Technology.--
            ``(1) Establishment.--
                    ``(A) In general.--There shall be in the Department 
                of Commerce an Under Secretary of Commerce for 
                Standards and Technology who shall serve as the 
                Director of the National Institute of Standards and 
                Technology and perform such duties as provided for in 
                law and as the Secretary shall prescribe.
                    ``(B) Appointment.--The Under Secretary of Commerce 
                for Standards and Technology shall be appointed by the 
                President by and with the advice and consent of the 
                Senate and shall be compensated at the rate now or 
                hereafter provided for level III of the Executive 
                Schedule Pay Rates (5 U.S.C. 5314).
                    ``(C) Applicability.--The individual serving on the 
                date of enactment of the National Institute of 
                Standards and Technology Authorization Act of 2010 as 
                the Director of the National Institute of Standards and 
                Technology shall also serve as the Under Secretary of 
                Commerce for Standards and Technology until such time 
                as a successor is appointed under subparagraph (B).
            ``(2) Duties.--The Secretary, acting through the Under 
        Secretary of Commerce for Standards and Technology, as 
        appropriate, shall--
                    ``(A) conduct policy analysis on innovation and 
                technical standards to improve and promote United 
                States competitiveness in the context of global 
                competition;
                    ``(B) propose and support studies, in cooperation 
                with other Federal agencies, to evaluate the 
                effectiveness of measures for improving Federal 
                Government technology transfer policies and 
                initiatives;
                    ``(C) provide that cooperative efforts to stimulate 
                competitiveness, job creation, and innovation be 
                undertaken between the Under Secretary and other 
                officials in the Department of Commerce responsible for 
                such areas as trade and economic assistance;
                    ``(D) support the creation of partnerships and 
                other joint initiatives by State or local governments, 
                regional organizations, private businesses, 
                institutions of higher education, nonprofit 
                institutions, or Federal laboratories to encourage 
                technology transfer and innovation;
                    ``(E) conduct research and support activities to 
                improve training programs and curricula for high-tech 
                manufacturing skills and related skill sets and 
                encourage the dissemination of best practices involving 
                appropriate Federal agencies, State or local 
                governments, regional organizations, institutions of 
                higher education, or nonprofit institutions; and
                    ``(F) serve as a focal point for discussions among 
                United States companies on topics of interest regarding 
                technology innovation, competitiveness, and job 
                retention and creation.''.
    (b) Conforming Amendments.--
            (1) Stevenson-wydler.--Subsection (c) of section 5 of such 
        Act (15 U.S.C. 3704), as redesignated in subsection (a)(3), is 
        amended to read as follows:
    ``(c) Coordination.--To the extent practicable, in carrying out 
subsection (b), the Secretary shall coordinate the program established 
under such subsection with other programs of the Department of 
Commerce.''.
            (2) Title 5, united states code.--
                    (A) Level iii.--Section 5314 of title 5, United 
                States Code, is amended by inserting before the item 
                ``Associate Attorney General'' the following:
            ``Under Secretary of Commerce for Standards and Technology, 
        the incumbent of which also serves as Director of the National 
        Institute of Standards and Technology.''.
                    (B) Level iv.--Section 5315 of title 5, United 
                States Code, is amended by striking ``Director, 
                National Institute of Standards and Technology, 
                Department of Commerce.''.
            (3) NIST act.--Section 5 of the National Institute of 
        Standards and Technology Act (15 U.S.C. 274) is amended by 
        striking the following: ``The Director shall be compensated at 
        the rate in effect for level IV of the Executive Schedule under 
        section 5315 of title 5, United States Code.''.

SEC. 4. REORGANIZATION OF NIST LABORATORIES.

    (a) Organization.--The Director shall reorganize the scientific and 
technical research and services laboratory program into the following 
operational units:
            (1) The Physical Measurement Laboratory, whose mission is 
        to realize and disseminate the national standards for length, 
        mass, time and frequency, electricity, temperature, force, and 
        radiation by activities including fundamental research in 
        measurement science, the provision of measurement services and 
        standards, and the provision of testing facilities resources 
        for use by the Federal Government.
            (2) The Information Technology Laboratory, whose mission is 
        to develop and disseminate standards, measurements, and testing 
        capabilities for interoperability, security, usability, and 
        reliability of information technologies, including 
        cybersecurity standards and guidelines for Federal agencies, 
        United States industry, and the public, through fundamental and 
        applied research in computer science, mathematics, and 
        statistics.
            (3) The Engineering Laboratory, whose mission is to develop 
        and disseminate advanced manufacturing and construction 
        technologies to the United States manufacturing and 
        construction industries through activities including 
        measurement science research, performance metrics, tools for 
        engineering applications, promotion of green infrastructure, 
        and energy efficiency measurements and standards.
            (4) The Material Measurement Laboratory, whose mission is 
        to serve as the national reference laboratory in biological, 
        chemical, and material sciences and engineering through 
        activities including fundamental research in the composition, 
        structure, and properties of biological and environmental 
        materials and processes, the development of certified reference 
        materials and critically evaluated data, and other programs to 
        assure measurement quality in materials and biotechnology 
        fields.
            (5) The Center for Nanoscale Science and Technology, a 
        national shared-use facility for nanoscale fabrication and 
        measurement, whose mission is to develop innovative nanoscale 
        measurement and fabrication capabilities to support researchers 
        from industry, institutions of higher education, the National 
        Institute of Standards and Technology, and other Federal 
        agencies in nanoscale technology from discovery to production.
            (6) The NIST Center for Neutron Research, a national 
        shared-use facility, whose mission is to provide neutron-based 
        measurement capabilities to researchers from industry, 
        institutions of higher education, the National Institute of 
        Standards and Technology, and other Federal agencies in support 
        of materials research, nondestructive evaluation, neutron 
        imaging, chemical analysis, neutron standards, dosimetry, and 
        radiation metrology.
    (b) Revision.--
            (1) In general.--Subsequent to the reorganization required 
        under subsection (a), the Director may revise the organization 
        of the scientific and technical research and services 
        laboratory program.
            (2) Report to congress.--Any revision to the organization 
        of such program under paragraph (1) shall be submitted in a 
        report to the Committee on Science and Technology of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate at least 60 days before the 
        effective date of such revision.

SEC. 5. FEDERAL GOVERNMENT STANDARDS AND CONFORMITY ASSESSMENT 
              COORDINATION.

    (a) Coordination.--Section 2(b) of the National Institute of 
Standards and Technology Act (15 U.S.C. 272(b)) is amended--
            (1) in paragraph (12), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (13), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding after paragraph (13) the following:
            ``(14) to promote collaboration among Federal departments 
        and agencies and private sector stakeholders in the development 
        and implementation of standards and conformity assessment 
        frameworks to address specific Federal Government policy goals; 
        and
            ``(15) to convene Federal departments and agencies, as 
        appropriate, to--
                    ``(A) coordinate and determine Federal Government 
                positions on specific policy issues related to 
                international technical standards and conformity 
                assessment-related activities; and
                    ``(B) coordinate Federal department and agency 
                engagement in the development of international 
                technical standards and conformity assessment-related 
                activities.''.
    (b) Report.--The Director, in consultation with appropriate Federal 
agencies, shall submit a report annually to Congress addressing the 
Federal Government's technical standards and conformity assessment-
related activities. The report shall identify--
            (1) current and anticipated international standards and 
        conformity assessment-related issues that have the potential to 
        impact the competitiveness and innovation capabilities of the 
        United States;
            (2) any action being taken by the Federal Government to 
        address these issues and the Federal agency taking that action; 
        and
            (3) any action that the Director is taking or will take to 
        ensure effective Federal Government engagement on technical 
        standards and conformity assessment-related issues, as 
        appropriate, where the Federal Government is not effectively 
        engaged.

SEC. 6. MANUFACTURING EXTENSION PARTNERSHIP.

    (a) Community College Support.--Section 25(a) of the National 
Institute of Standards and Technology Act (15 U.S.C. 278k(a)) is 
amended--
            (1) in paragraph (4), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding after paragraph (5) the following:
            ``(6) providing to community colleges information about the 
        job skills needed in small- and medium-sized manufacturing 
        businesses in the regions they serve.''.
    (b) Innovative Services Initiative.--
            (1) In general.--Section 25 of such Act (15 U.S.C. 278k) is 
        amended by adding at the end the following:
    ``(g) Innovative Services Initiative.--
            ``(1) Establishment.--The Director may establish, within 
        the Centers program under this section, an innovative services 
        initiative to assist small- and medium-sized manufacturers in--
                    ``(A) reducing their energy usage and environmental 
                waste to improve profitability; and
                    ``(B) accelerating the domestic commercialization 
                of new product technologies, including components for 
                renewable energy systems.
            ``(2) Market demand.--The Director may not undertake any 
        activity to accelerate the domestic commercialization of a new 
        product technology under this subsection unless an analysis of 
        market demand for the new product technology has been 
        conducted.''.
            (2) Grants.--Section 33 of such Act (15 U.S.C. 278r) is 
        amended by adding at the end the following:
    ``(g) Innovative Services.--The Director may make awards under this 
section to carry out the innovative services initiative under section 
25(g).''.
    (c) Reports.--Section 25 of such Act (15 U.S.C. 278k) is further 
amended by adding at the end the following:
    ``(h) Reports.--
            ``(1) In general.--In submitting the 3-year programmatic 
        planning document and annual updates under section 23, the 
        Director shall include an assessment of the Director's 
        governance of the program established under this section.
            ``(2) Criteria.--In conducting such assessment, the 
        Director shall use the criteria established pursuant to the 
        Malcolm Baldrige National Quality Award under section 
        17(d)(1)(C) of the Stevenson-Wydler Technology Innovation Act 
        of 1980 (15 U.S.C. 3711a(d)(1)(C)).''.
    (d) Hollings Manufacturing Extension Partnership Program Cost-
Sharing.--Section 25(c) of such Act (15 U.S.C. 278k(c)) is amended--
            (1) in paragraph (1), by inserting ``, unless otherwise 
        determined under paragraph (3)(C)'' before the period at the 
        end;
            (2) in paragraph (3)--
                    (A) in subparagraph (B)--
                            (i) by striking ``not less than 50 percent 
                        of the costs incurred for the first 3 years and 
                        an increasing share for each of the last 3 
                        years'' and inserting ``the applicant's share 
                        of the costs incurred (in this subsection 
                        referred to as `cost share')''; and
                            (ii) by striking ``For purposes of the 
                        preceding sentence, the'' and inserting 
                        ``The'';
                    (B) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (D) and (E), respectively;
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) The Secretary shall by rule establish 
                appropriate criteria to be considered in determining a 
                Center's cost share. A Center's cost share shall in no 
                case exceed 50 percent of the costs incurred by such 
                Center. The Secretary shall review each Center's cost 
                share annually and at such other times as the Secretary 
                considers appropriate. An adjustment to a Center's cost 
                share in a year shall not affect the amount of Federal 
                funds such Center receives in such year.''; and
                    (D) in subparagraph (D), as redesignated by 
                subparagraph (B)--
                            (i) by striking ``50 percent'' and 
                        inserting ``cost share''; and
                            (ii) by striking ``Center's contribution'' 
                        and inserting ``Center's cost share''; and
            (3) in paragraph (5)--
                    (A) in the sixth sentence, by striking ``at 
                declining levels''; and
                    (B) in the last sentence--
                            (i) by striking ``Funding'' and inserting 
                        ``Unless otherwise determined under paragraph 
                        (3)(C), funding''; and
                            (ii) by striking ``one third'' and 
                        inserting ``50 percent''.
    (e) Advisory Board.--Section 25(e)(4) of such Act (15 U.S.C. 
278k(e)(4)) is amended to read as follows:
            ``(4) Federal advisory committee act applicability.--
                    ``(A) In general.--In discharging its duties under 
                this subsection, the MEP Advisory Board shall function 
                solely in an advisory capacity, in accordance with the 
                Federal Advisory Committee Act.
                    ``(B) Exception.--Section 14 of the Federal 
                Advisory Committee Act shall not apply to the MEP 
                Advisory Board.''.
    (f) Definitions.--Section 25 of such Act (15 U.S.C. 278k) is 
further amended by adding at the end the following:
    ``(i) Definition.--In this section, the term `community college' 
means an institution of higher education (as defined under section 
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) at 
which the highest degree that is predominately awarded to students is 
an associate's degree.''.

SEC. 7. BIOSCIENCE RESEARCH PROGRAM.

    (a) In General.--The National Institute of Standards and Technology 
Act (15 U.S.C. 271 et seq.) is amended--
            (1) by redesignating section 34 as section 35; and
            (2) by inserting after section 33 the following:

``SEC. 34. BIOSCIENCE RESEARCH PROGRAM.

    ``(a) In General.--The Director shall establish a bioscience 
research program to support research and development of standard 
reference materials, measurements, methods, and genomic and other data 
to advance--
            ``(1) biological drug research and development;
            ``(2) molecular diagnostics;
            ``(3) medical imaging technologies; and
            ``(4) personalized medicine.
    ``(b) University Research Centers.--
            ``(1) Establishment.--The Director may establish research 
        centers at institutions of higher education (in this section 
        referred to as `university research centers') through a 
        competitive application process to conduct research that 
        furthers the objectives of the bioscience research program.
            ``(2) Application.--
                    ``(A) In general.--An institution of higher 
                education seeking to establish a university research 
                center under this subsection shall submit an 
                application to the Director at such time, in such 
                manner, and containing such information and assurances 
                as the Director may require.
                    ``(B) Components.--The application shall include, 
                at a minimum, a description of--
                            ``(i) the relevant research and 
                        instructional capacity of the applicant;
                            ``(ii) the research projects that will be 
                        undertaken by the applicant;
                            ``(iii) the extent to which the applicant 
                        will partner with industry and the role 
                        industry will play in the research undertaken 
                        by the university research center;
                            ``(iv) how the applicant will disseminate 
                        research results effectively; and
                            ``(v) the metrics that will be used to 
                        evaluate the success of the projects under 
                        clause (ii) and the contribution of the 
                        university research center in furthering the 
                        objectives of the bioscience research program.
            ``(3) Assessment.--Not later than 3 years after the date on 
        which a university research center is established and every 3 
        years thereafter, the Director shall evaluate the university 
        research center for its contributions to the bioscience 
        research program.
            ``(4) Annual meeting.--If the Director establishes more 
        than 1 university research center, the Director shall convene 
        an annual meeting of researchers from all of the university 
        research centers and the Institute to foster collaboration and 
        communication.
    ``(c) User Facility.--The Director may establish a bioscience user 
facility to provide access to advanced or unique equipment, services, 
materials, and other resources to industry, institutions of higher 
education, nonprofit organizations, and government agencies to perform 
research and testing.
    ``(d) Postdoctoral Fellows.--The Director shall, to the extent 
practicable, assign 1 or more fellows from the postdoctoral fellowship 
program established in section 19 to the bioscience research program.
    ``(e) Programmatic Planning Document.--The Director shall ensure 
that the updates to the programmatic planning document transmitted to 
Congress under section 23(d) include the bioscience research program.
    ``(f) Definitions.--In this section:
            ``(1) Bioscience research program.--The term `bioscience 
        research program' means the research and development program 
        authorized under subsection (a).
            ``(2) Institution of higher education.--The term 
        `institution of higher education' has the same meaning given 
        the term in section 101(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1001(a)).''.
    (b) Visiting Committee on Advanced Technology Amendments.--Section 
10 of the National Institute of Standards and Technology Act (15 U.S.C. 
278) is amended--
            (1) in subsection (a)--
                    (A) by striking ``15 members'' and inserting ``at 
                least 15, but not more than 20, members''; and
                    (B) by striking ``at least 10'' and inserting ``at 
                least 13''; and
            (2) in subsection (h)(1), by striking ``Program established 
        under section 28'' and inserting ``programs established under 
        sections 28 and 34''.

SEC. 8. TIP ADVISORY BOARD.

    Section 28(k)(4) of the National Institute of Standards and 
Technology Act (15 U.S.C. 278n(k)(4)) is amended to read as follows:
            ``(4) Federal advisory committee act applicability.--
                    ``(A) In general.--In discharging its duties under 
                this subsection, the TIP Advisory Board shall function 
                solely in an advisory capacity, in accordance with the 
                Federal Advisory Committee Act.
                    ``(B) Exception.--Section 14 of the Federal 
                Advisory Committee Act shall not apply to the TIP 
                Advisory Board.''.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the National Institute of Standards and Technology.
            (2) Federal agency.--The term ``Federal agency'' has the 
        meaning given such term in section 4 of the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3703).
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