[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1713 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1713

To reduce Federal expenditures associated with data center real estate 
 and electricity consumption, to implement savings reductions proposed 
 by Federal employees, to reduce energy costs across Federal Executive 
                   agencies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2011

 Mr. Connolly of Virginia (for himself and Mr. Blumenauer) introduced 
 the following bill; which was referred to the Committee on Oversight 
   and Government Reform, and in addition to the Committees on Armed 
 Services, Transportation and Infrastructure, and Energy and Commerce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To reduce Federal expenditures associated with data center real estate 
 and electricity consumption, to implement savings reductions proposed 
 by Federal employees, to reduce energy costs across Federal Executive 
                   agencies, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Cost 
Reduction Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Reduction and consolidation of data centers.
Sec. 5. GSA reports.
Sec. 6. Reduction of printing.
Sec. 7. Implementation of Federal employee cost savings proposals.
Sec. 8. Power purchase agreement program.
Sec. 9. Federal facility energy efficiency and renewable energy 
                            projects fund.
Sec. 10. Incentives for Executive agencies for utility energy savings 
                            contracts.
Sec. 11. Renewable energy facilities surveys by Executive agencies.
Sec. 12. Adoption of personal computer power savings techniques by 
                            Executive agencies.
Sec. 13. Federal energy management and data collection standard.
Sec. 14. Advanced metering best practices for advanced metering.
Sec. 15. Availability of funds for design updates.
Sec. 16. Continuous commissioning within the Federal building stock.
Sec. 17. Elimination of State matching requirement for energy 
                            efficiency upgrades at National Guard and 
                            reserve armories and readiness centers.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The number of Federal data centers has quintupled over 
        the past decade from 400 to more than 2,000.
            (2) Data center consolidation, including data centers of 
        the House of Representatives, has reduced electricity expenses 
        and requisite real estate where it has been pursued.
            (3) Federal energy expenses exceed $24 billion annually, 
        while most existing Federal facilities do not meet efficiency 
        standards that are expected for new Federal construction.
            (4) Contract period limitations of 10 years for Federal 
        Executive agencies limit deployment of domestic energy sources 
        that could reduce long-term Federal energy expenses.
            (5) Energy saving performance contracts can offer low or 
        zero cost options for improving energy efficiency in Federal 
        facilities.
            (6) The Federal Government spends $1.3 billion annually on 
        employee printing.
            (7) Federal employees estimate that they immediately 
        recycle 35 percent of all paper printed, equating to $440.4 
        million in potential annual savings.
            (8) Only 9 percent of Federal Executive agencies have 
        automatic duplex printing.
            (9) The Department of Veterans Affairs has developed an 
        acquisition personnel training center to improve Federal 
        employee productivity and reduce employee turnover.
            (10) Federal employees have proposed more than 18,000 ways 
        to save taxpayer money through the ``Save Awards''.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Oversight and Government 
                Reform of the House of Representatives; and
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate.
            (2) Energy savings performance contract.--The term ``energy 
        savings performance contract'' means a contract that provides 
        for the performance of services for the design, acquisition, 
        installation, testing, operation, and, where appropriate, 
        maintenance and repair of an identified energy conservation 
        measure or series of measures at one or more locations.
            (3) Federal data center.--The term ``Federal data 
        center''--
                    (A) means a room within a conventional building 
                that is devoted to data processing servers, including 
                server closets that are typically less than 200 square 
                feet and server rooms that are typically less than 500 
                square feet;
                    (B) means larger floor spaces or entire buildings 
                dedicated to housing servers, storage devices, and 
                network equipment; and
                    (C) does not include any facilities that are 
                exclusively devoted to communications and network 
                equipment (such as telephone exchanges and 
                telecommunications rooms and closets).
            (4) Executive agency.--Except as provided in section 8, the 
        term ``Executive agency'' has the meaning given that term in 
        section 105 of title 5, United States Code.

SEC. 4. REDUCTION AND CONSOLIDATION OF DATA CENTERS.

    (a) OMB Recommendation.--Not later than 6 months after the date of 
the enactment of this Act, the Director of the Office of Management and 
Budget, in consultation with the Administrator of General Services and 
the heads of other Executive agencies, shall issue recommendations for 
reducing or consolidating the number of Federal data centers in 
existence as of the date of the enactment of this Act--
            (1) by at least 40 percent not later than September 30, 
        2016; and
            (2) by at least 80 percent not later than September 30, 
        2021.
    (b) Reduction of Data Centers.--Not later than 6 months after the 
issuance of recommendations by the Director of the Office of Management 
and Budget under subsection (a), the head of each Executive agency 
shall implement the recommendations by reducing the number of Federal 
data centers in accordance with such recommendations.

SEC. 5. GSA REPORTS.

    (a) Report on Reducing Real Estate Costs and Energy Expenditures.--
Not later than one year after the date of the enactment of this Act, 
the Administrator of General Services shall submit to the appropriate 
congressional committees a report on the following:
            (1) Recommendations to reduce long-term real estate costs 
        through consolidating or eliminating leased space and any 
        additional authority that might be necessary to replace leased 
        space with owned space if the payback period is 15 years or 
        fewer.
            (2) A description of a plan by the General Services 
        Administration to use energy saving performance contracts and 
        other low-capital investments to reduce energy expenditures.
    (b) Report and Plan To Reduce Federal Automobile Parking 
Expenses.--
            (1) Initial report.--Not later than 6 months after the date 
        of the enactment of this Act, the Administrator of General 
        Services shall submit to the Congress a report on the annual 
        expense for each of fiscal years 2000 through 2010 for Federal 
        employee parking, including--
                    (A) parking spaces and parking facilities that are 
                leased or owned by the Federal Government;
                    (B) maintenance and construction costs for such 
                spaces and facilities; and
                    (C) the total construction costs for parking 
                facilities that are used by Federal employees for 
                fiscal years 2000 through 2010.
            (2) Plan to reduce parking expenses.--Not later than one 
        year after the date of the enactment of this Act, the General 
        Services Administration shall submit a report to Congress that 
        includes a plan, using existing agency authorities, to reduce 
        the expense for Federal employee parking by at least five 
        percent annually for each of the next 5 fiscal years after date 
        of enactment of this Act.

SEC. 6. REDUCTION OF PRINTING.

    Not later than 6 months after the date of the enactment of this 
Act, each Executive agency shall establish a plan to reduce by 35 
percent the volume of material printed during fiscal year 2011 for each 
of fiscal years 2012 through 2022, including a requirement for duplex 
printing as the default setting on all Federal printers and copiers, 
where applicable, and shall submit such plan to the Office of the 
Environmental Executive.

SEC. 7. IMPLEMENTATION OF FEDERAL EMPLOYEE COST SAVINGS PROPOSALS.

    Not later than 12 months after the date of the enactment of this 
Act, the Director of the Office of Personnel Management shall submit to 
the appropriate congressional committees a plan to implement Federal 
employee cost savings proposals.

SEC. 8. POWER PURCHASE AGREEMENT PROGRAM.

    (a) Definitions.--In this section:
            (1) Cost-effective.--The term ``cost-effective'' means, 
        with respect to a power purchase agreement entered into by the 
        head of an Executive agency for a Federal facility that is 
        owned or controlled by the Executive agency, that the 30-year 
        average cost for the purchase of electricity under the power 
        purchase agreement from 1 or more renewable energy generating 
        systems is not greater than an amount equal to 110 percent of 
        the cost of an equal quantity of electricity from the current 
        electricity supplier of the Federal facility, taking into 
        consideration each--
                    (A) applicable cost, including any cost resulting 
                from--
                            (i) a demand charge;
                            (ii) an applicable rider;
                            (iii) a fuel adjustment charge; or
                            (iv) any other surcharge; and
                    (B) reasonably anticipated increase in the cost of 
                the electricity resulting from--
                            (i) inflation;
                            (ii) increased regulatory requirements;
                            (iii) decreased availability of fossil 
                        fuels; and
                            (iv) any other factor that may increase the 
                        cost of electricity.
            (2) Executive agency.--The term ``Executive agency'' has 
        the meaning given the term in section 133 of title 41, United 
        States Code.
            (3) Federal facility.--The term ``Federal facility'' has 
        the meaning given the term ``facility'' in section 543(f)(1)(C) 
        of the National Energy Conservation Policy Act (42 U.S.C. 
        8253(f)(1)(C)).
            (4) Government corporation.--The term ``Government 
        corporation'' has the meaning given the term in section 103 of 
        title 5, United States Code.
            (5) Renewable energy source.--The term ``renewable energy 
        source'' has the meaning given the term in section 551 of the 
        National Energy Conservation Policy Act (42 U.S.C. 8259).
    (b) Power Purchase Agreement Projects.--
            (1) Authorization of heads of executive agencies.--In 
        accordance with paragraphs (2) and (3), the head of each 
        Executive agency or a designee may establish 1 or more projects 
        under which the head of the Executive agency may offer to enter 
        into power purchase agreements during the 10-year period 
        beginning on the date of enactment of this Act for the purchase 
        of electricity from 1 or more Federal facilities that are owned 
        or controlled by the Executive agency from renewable energy 
        sources located at the Federal facility.
            (2) Cost-effective requirement.--A head of an Executive 
        agency described in paragraph (1) may offer to enter into a 
        power purchase agreement described in that paragraph only if 
        the power purchase agreement is cost-effective.
            (3) Term of power purchase agreement.--Notwithstanding any 
        other provision of law (including regulations), the term of a 
        power purchase agreement described in paragraph (1) may not be 
        longer than a period of 30 years.
            (4) Allocation of incremental costs.--Each head of an 
        Executive agency (including the Administrator of General 
        Services) who enters into a power purchase agreement under 
        paragraph (1) for the purchase of electricity at a Federal 
        facility that is owned or controlled by the Executive agency 
        for distribution to 1 or more other Executive agencies shall 
        allocate, on an annual basis for the period covered by the 
        power purchase agreement, the incremental cost or incremental 
        savings of the power purchase agreement for the purchase of 
        electricity at a Federal facility from renewable energy sources 
        (as compared to the cost of electricity from the electricity 
        supplier of the Federal facility) among each user of the 
        Federal facility based on the proportion that--
                    (A) the electricity usage of the user of the 
                Federal facility; bears to
                    (B) the aggregate electricity usage of all users of 
                the Federal facility.
    (c) Power Purchase Agreements With Multiple Federal Facilities.--An 
Executive agency may enter into an interagency agreement as part of a 
power purchase agreement that involves more than 1 Federal facility.
    (d) Negotiated Rate as Basis for Determining Cost Effectiveness of 
Future Energy Efficiency or Renewable Energy Projects.--An Executive 
agency that enters into a power purchase agreement may not use the 
negotiated rate as a basis for determining the business case or 
economic feasibility of future energy efficiency or renewable energy 
projects.
    (e) Regulations.--The Secretary of Energy shall promulgate such 
regulations as are necessary to carry out this section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2012 through 2015, to remain available until 
expended.

SEC. 9. FEDERAL FACILITY ENERGY EFFICIENCY AND RENEWABLE ENERGY 
              PROJECTS FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a revolving fund, to be known as the ``Federal Facility 
Energy Efficiency and Renewable Energy Projects Fund'' (referred to in 
this section as the ``Fund''), consisting of such amounts as are 
appropriated to the Fund under subsection (b).
    (b) Transfers to Fund.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to the Fund $500,000,000, to remain 
        available until expended.
            (2) Loan repayments.--There are appropriated to the Fund, 
        out of funds of the Treasury not otherwise appropriated, 
        amounts equivalent to loan amounts repaid and received in the 
        Treasury under subsection (e).
    (c) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), on request by 
        the Secretary of Energy (referred to in this section as the 
        ``Secretary''), the Secretary of the Treasury shall transfer 
        from the Fund to the Secretary such amounts as the Secretary 
        determines are necessary to provide assistance for energy 
        efficiency and renewable energy projects carried out at Federal 
        facilities in accordance with subsection (e).
            (2) Administrative expenses.--An amount not exceeding 10 
        percent of the amounts in the Fund shall be available for each 
        fiscal year to pay the administrative expenses necessary to 
        carry out this section.
    (d) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
    (e) Federal Facility Energy Efficiency and Renewable Energy 
Projects Fund Program.--
            (1) In general.--The Secretary shall establish a Federal 
        facility energy efficiency and renewable energy projects fund 
        program under which the Secretary shall make loans to Executive 
        agencies to assist the agencies in reducing energy use and 
        related purposes, as determined by the Secretary.
            (2) Guidelines for applications.--Not later than 180 days 
        after the date of enactment of this Act, the Secretary shall 
        issue guidelines for Executive agencies to submit applications 
        for loans under this subsection.
            (3) Eligibility.--Each Executive agency shall be eligible 
        to submit an application for a loan under this subsection.
            (4) Loan awards.--
                    (A) In general.--The Secretary shall award loans 
                under this subsection on a competitive basis.
                    (B) Allocation.--The Secretary shall convene a 
                committee of Executive agencies to determine allocation 
                from the Fund to carry out this subsection after a 
                competitive assessment of the technical and economic 
                effectiveness of each application for a loan under this 
                subsection.
                    (C) Selection.--In determining whether to provide a 
                loan to an Executive agency for a project under this 
                subsection, the Secretary shall consider--
                            (i) the cost-effectiveness of the project;
                            (ii) the amount of energy and cost savings 
                        anticipated to the Federal Government;
                            (iii) the amount of funding committed to 
                        the project by the agency;
                            (iv) the extent that a project will 
                        leverage financing from other non-Federal 
                        sources; and
                            (v) any other factor that the Secretary 
                        determines will result in the greatest amount 
                        of energy and cost savings to the Federal 
                        Government.

SEC. 10. INCENTIVES FOR EXECUTIVE AGENCIES FOR UTILITY ENERGY SAVINGS 
              CONTRACTS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Energy, in consultation with the Secretary of Defense 
and the Administrator of General Services, shall promulgate regulations 
that enable Executive agencies to retain the financial savings that 
result from entering into utility energy savings contracts.

SEC. 11. RENEWABLE ENERGY FACILITIES SURVEYS BY EXECUTIVE AGENCIES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Energy, in consultation with 
the Secretary of Defense and the Administrator of General Services, 
shall promulgate regulations that establish appropriate methods and 
procedures for use by Executive agencies to implement, unless 
inconsistent with the mission of the Executive agencies or 
impracticable due to environmental constraints, the identification of 
all potential locations at Federal facilities of the agencies for 
renewable energy projects (including available land, building roofs, 
and parking structures).
    (b) Identification of Potential Locations.--Not later than 1 year 
after the date of the promulgation of regulations under subsection (a), 
each Executive agency shall complete the report of the agency that 
identifies potential locations described in subsection (a).

SEC. 12. ADOPTION OF PERSONAL COMPUTER POWER SAVINGS TECHNIQUES BY 
              EXECUTIVE AGENCIES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Energy, in consultation with 
the Secretary of Defense, the Secretary of Veterans Affairs, and the 
Administrator of General Services, shall issue guidance for Executive 
agencies to employ advanced tools allowing energy savings through the 
use of computer hardware, energy efficiency software, and power 
management tools.
    (b) Reports on Plans and Savings.--Not later than 90 days after the 
date of the issuance of the guidance under subsection (a), each 
Executive agency shall submit to the Secretary of Energy a report that 
describes--
            (1) the plan of the agency for implementing the guidance 
        within the agency; and
            (2) estimated energy and financial savings from employing 
        the tools described in subsection (a).

SEC. 13. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION STANDARD.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy, in consultation with the 
Secretary of Defense, the Administrator of General Services, the Office 
of Science and Technology Policy, and relevant industry and nonprofit 
groups, shall develop and issue guidance on a Federal energy management 
and data collection standard.
    (b) Requirements.--Guidance described in subsection (a) shall 
include, at a minimum, a plan for the General Services Administration 
to publish energy consumption data for individual Federal facilities on 
a single, searchable website, accessible by the public at no cost to 
access.

SEC. 14. ADVANCED METERING BEST PRACTICES FOR ADVANCED METERING.

    Section 543(e) of the National Energy Conservation Policy Act (42 
U.S.C. 8253(e)) is amended by striking paragraph (3) and inserting the 
following:
            ``(3) Plan.--
                    ``(A) In general.--Not later than 180 days after 
                the date on which guidelines are established under 
                paragraph (2), in a report submitted by the agency 
                under section 548(a), each agency shall submit to the 
                Secretary a plan describing the manner in which the 
                agency will implement the requirements of paragraph 
                (1), including--
                            ``(i) how the agency will designate 
                        personnel primarily responsible for achieving 
                        the requirements; and
                            ``(ii) a demonstration by the agency, 
                        complete with documentation, of any finding 
                        that advanced meters or advanced metering 
                        devices (as those terms are used in paragraph 
                        (1)), are not practicable.
                    ``(B) Updates.--Reports submitted under 
                subparagraph (A) shall be updated annually.
            ``(4) Best practices report.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Federal Cost Reduction Act 
                of 2011, the Secretary of Energy, in consultation with 
                the Secretary of Defense and the Administrator of 
                General Services, shall develop, and issue a report on, 
                best practices for the use of advanced metering of 
                energy use in Federal facilities, buildings, and 
                equipment by Federal agencies.
                    ``(B) Updating.--The report described under 
                subparagraph (A) shall be updated annually.
                    ``(C) Components.--The report shall include, at a 
                minimum--
                            ``(i) summaries and analysis of the reports 
                        by agencies under paragraph (3);
                            ``(ii) recommendations on standard 
                        requirements or guidelines for automated energy 
                        management systems, including--
                                    ``(I) potential common 
                                communications standards to allow data 
                                sharing and reporting;
                                    ``(II) means of facilitating 
                                continuous commissioning of buildings 
                                and evidence-based maintenance of 
                                buildings and building systems; and
                                    ``(III) standards for sufficient 
                                levels of security and protection 
                                against cyber threats to ensure systems 
                                cannot be controlled by unauthorized 
                                persons; and
                            ``(iii) an analysis of--
                                    ``(I) the types of advanced 
                                metering and monitoring systems being 
                                piloted, tested, or installed in 
                                Federal buildings; and
                                    ``(II) existing techniques used 
                                within the private sector or other non-
                                Federal government buildings.''.

SEC. 15. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.

    Section 3307 of title 40, United States Code, is amended--
            (1) by redesignating subsections (d) through (h) as 
        subsections (e) through (i); and
            (2) by inserting after subsection (c) the following:
    ``(d) Availability of Funds for Design Updates.--
            ``(1) In general.--Subject to paragraph (2), for any 
        project for which congressional approval is received under 
        subsection (a) and for which the design has been substantially 
        completed but construction has not begun, the Administrator of 
        General Services may use appropriated funds to update the 
        project design to meet applicable Federal building energy 
        efficiency standards established under section 305 of the 
        Energy Conservation and Production Act (42 U.S.C. 6834) and 
        other requirements established under section 3312 of this 
        title.
            ``(2) Limitation.--The use of funds under paragraph (1) 
        shall not exceed 125 percent of the estimated energy or other 
        cost savings associated with the updates as determined by a 
        life-cycle cost analysis under section 544 of the National 
        Energy Conservation Policy Act (42 U.S.C. 8254).''.

SEC. 16. CONTINUOUS COMMISSIONING WITHIN THE FEDERAL BUILDING STOCK.

    (a) In General.--Section 3312 of title 40, United States Code, is 
amended--
            (1) by redesignating subsections (c) through (g) as 
        subsections (d) through (h), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Continuous Commissioning Within the Federal Building Stock.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Federal Cost Reduction Act of 2011, the 
        Administrator and the Secretary of Energy shall incorporate 
        commissioning and recommissioning standards (as those terms are 
        defined in section 543(f) of the National Energy Conservation 
        Policy Act (42 U.S.C. 8253(f))), for all real property that--
                    ``(A) is more than $10,000,000 in value;
                    ``(B) has more than 50,000 square feet; or
                    ``(C) has energy intensity of more than $2 per 
                square foot.
            ``(2) Regulations.--Not later than 180 days after the date 
        of enactment of the Federal Cost Reduction Act of 2011, the 
        Administrator and the Secretary of Energy shall promulgate such 
        regulations as are necessary to carry out this subsection.''.
    (b) Conforming Amendments.--Section 3312 of title 40, United States 
Code, is amended--
            (1) in subsection (e)(1) (as redesignated by subsection 
        (a)(1)), by striking ``and (c)'' and inserting ``and (d)'';
            (2) in the first sentence of subsection (f) (as so 
        redesignated), by striking ``and (c)'' and inserting ``and 
        (d)''; and
            (3) in subsection (g) (as so redesignated), by striking 
        ``subsection (b), (c), or (d) or for failure to carry out any 
        recommendation under subsection (e)'' and inserting 
        ``subsection (b), (d), or (e) or for failure to carry out any 
        recommendation under subsection (f)''.

SEC. 17. ELIMINATION OF STATE MATCHING REQUIREMENT FOR ENERGY 
              EFFICIENCY UPGRADES AT NATIONAL GUARD AND RESERVE 
              ARMORIES AND READINESS CENTERS.

    Section 18236(b) of title 10, United States Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by striking ``A contribution'' and inserting ``(1) 
        Subject to paragraph (2), a contribution'';
            (3) by striking ``For the purpose'' and inserting ``(3) For 
        the purpose''; and
            (4) by inserting after subparagraph (B) of paragraph (1), 
        as so designated, the following new paragraph:
    ``(2) If an armory or readiness center project for which a 
contribution is made under paragraph (4) or (5) of section 18233(a) of 
this title consists of or includes an energy efficiency upgrade, the 
Secretary of Defense shall cover--
            ``(A) 100 percent of the cost of architectural, 
        engineering, and design services related to the upgrade 
        (including advance architectural, engineering, and design 
        services under section 18233(e) of this title), as provided in 
        subparagraph (A) of paragraph (1); and
            ``(B) 100 percent of the cost of construction related to 
        the upgrade, notwithstanding subparagraph (B) of paragraph (1), 
        and payment of such cost shall not be considered in applying 
        the limitation in such subparagraph.''.
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