[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5591 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5591

To enhance transportation programs in order to connect people to jobs, 
      schools, and other essential services through a multimodal 
            transportation network, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2014

  Ms. Fudge introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To enhance transportation programs in order to connect people to jobs, 
      schools, and other essential services through a multimodal 
            transportation network, 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 ``Transportation Connections to 
Opportunity Act of 2014''.

SEC. 2. PUBLIC INVOLVEMENT IN PLAN DEVELOPMENT.

    (a) Section 134 Amendment.--Section 134(i) of title 23, United 
States Code, is amended--
            (1) in paragraph (4), by inserting after subparagraph (C) 
        the following:
                    ``(D) Public involvement.--Metropolitan planning 
                organizations shall offer interested parties, such as 
                those described in paragraph (6), a reasonable 
                opportunity to participate in the development and 
                consideration of scenarios.''; and
            (2) in paragraph (6)(A), by striking ``comment on the 
        transportation plan'' and inserting ``provide input during the 
        development and implementation of the transportation plan''.
    (b) Section 135 Amendment.--Section 135(f)(3)(A)(ii) of title 23, 
United States Code, is amended by striking ``comment on the 
transportation plan''; and inserting ``provide input during the 
development of the transportation plan''.
    (c) Section 5303 Amendment.--Section 5303(i) of title 49, United 
States Code, is amended--
            (1) in paragraph (4), by inserting after subparagraph (C) 
        the following:
                    ``(D) Public involvement.--Metropolitan planning 
                organizations shall offer interested parties, such as 
                those described in paragraph (6), a reasonable 
                opportunity to participate in the development and 
                consideration of different scenarios.''; and
            (2) in paragraph (6), by striking ``comment on the 
        transportation plan'' and inserting ``provide input during the 
        development and implementation of the transportation plan''.
    (d) Section 5304 Amendment.--Section 5304(f)(3)(A)(ii) of title 49, 
United States Code, is amended by striking ``comment on the proposed 
plan''; and inserting ``provide input during the development of the 
transportation plan''.

SEC. 3. CONNECTION TO OPPORTUNITY NATIONAL GOAL AND POTENTIAL 
              PERFORMANCE MEASURE.

    (a) Transportation Connections to Opportunity.--Section 150(b) of 
title 23, United States Code, is amended--
            (1) in paragraph (2), by striking ``highway infrastructure 
        asset system'' and inserting ``infrastructure asset system 
        under this title''; and
            (2) by adding at the end the following:
            ``(8) Multimodal connectivity.--To achieve an 
        interconnected transportation system which connects people to 
        jobs, schools, and other essential services through a 
        multimodal network.''.
    (b) Establishment of Performance Measures.--Section 150(c) of title 
23, United States Code, is amended--
            (1) in paragraph (1), by inserting ``as listed in 
        paragraphs (3), (4), (5), and (6)'' before the period; and
            (2) by adding the following at the end:
            ``(7) Multimodal freight.--The Secretary may, in accordance 
        with the national freight strategic plan under section 167, 
        establish performance measures to assess the efficiency of the 
        multimodal freight network.
            ``(8) Transportation connectivity.--The Secretary may, in 
        accordance with the framework established in section 134, 
        establish a performance measure to be used by metropolitan 
        planning organizations to assess the degree to which the 
        transportation system provides multimodal connections to 
        opportunity, particularly for transportation-disadvantaged 
        populations.''.

SEC. 4. MEASURING TRANSPORTATION CONNECTIVITY PILOT ACTIVITIES.

    (a) Title 23.--Section 134 of title 23, United States Code, is 
further amended by inserting at the end, the following:
    ``(r) Measuring Transportation Connections to Opportunity.--
            ``(1) Connection to opportunity pilot program.--
                    ``(A) Establishment.--The Secretary shall establish 
                a pilot program in which not more than 10 metropolitan 
                planning organizations shall develop and deploy 1 or 
                more pilot measures and targets to improve multimodal 
                connectivity and increase connections for disadvantaged 
                Americans and neighborhoods with limited transportation 
                options.
                    ``(B) Pilot locations.--The Secretary shall select 
                not more than 10 metropolitan planning organizations in 
                not more than 10 locations, each of which is the sole 
                metropolitan planning organization serving an urbanized 
                area of more than 1,000,000 residents, which shall 
                include--
                            ``(i) metropolitan planning organizations 
                        that have demonstrated previous successful use 
                        of performance measurements and performance-
                        based planning efforts, which the Secretary 
                        shall designate as mentor grantees; and
                            ``(ii) metropolitan planning organizations 
                        that have limited or no successful previous 
                        experience in performance measurements and 
                        performance-based planning efforts, which the 
                        Secretary shall designate as novice grantees.
                    ``(C) Pilot program activities.--
                            ``(i) Transportation connectivity 
                        inventory.--Not later than 6 months after 
                        selection as a pilot location, and in 
                        consultation with appropriate States, transit 
                        agencies, and local governments, metropolitan 
                        planning organizations in pilot locations, the 
                        selected metropolitan planning organization 
                        shall develop an inventory of transportation 
                        assets within such organization's metropolitan 
                        planning area which describes--
                                    ``(I) the condition of key highway, 
                                transit, bicycle, and pedestrian 
                                facilities;
                                    ``(II) the degree to which these 
                                facilities provide residents with 
                                connections to opportunity;
                                    ``(III) the identity and location 
                                of transportation-disadvantaged 
                                populations within the planning area; 
                                and
                                    ``(IV) local challenges to 
                                multimodal connectivity, such as zoning 
                                or land use issues, availability of 
                                affordable housing, and physical 
                                barriers that obstruct access from 
                                residential areas to opportunity.
                            ``(ii) Performance measures.--Not later 
                        than 1 year after selection as a pilot 
                        location, a metropolitan planning organization 
                        in such pilot location shall apply the baseline 
                        data it developed in clause (i) to adopt 1 or 
                        more provisional measures to assess multimodal 
                        connectivity improvements in the transportation 
                        system, including measurements of multimodal 
                        connectivity improvements available to 
                        transportation-disadvantaged populations 
                        identified in clause (i)(III) and appropriate 
                        to local assets and needs.
                            ``(iii) Data collection and reporting.--A 
                        metropolitan planning organization selected as 
                        a pilot location shall collect baseline and 
                        annual performance data on multimodal 
                        transportation connectivity to opportunity and 
                        report these data to the Secretary throughout 
                        the duration of the pilot project.
                            ``(iv) Knowledge-sharing.--A metropolitan 
                        planning organization designated as a mentor 
                        grantee shall engage in knowledge-sharing 
                        activities with novice grantees to the extent 
                        feasible, which may include peer exchanges and 
                        technical assistance.
                            ``(v) Project implementation.--
                                    ``(I) Notwithstanding section 120, 
                                a metropolitan planning organization 
                                may use funds remaining after the 
                                completion of the transportation 
                                connectivity inventory, development of 
                                provisional measures, and related 
                                tracking activities to pay the non-
                                Federal share to implement projects 
                                within the metropolitan planning area 
                                described in subclause (II).
                                    ``(II) The projects referred to in 
                                subclause (I) are projects that are 
                                reasonably anticipated to address 
                                system gaps and improve performance 
                                according to the locally adopted 
                                provisional multimodal transportation 
                                connectivity measures.
            ``(2) National performance measure development 
        activities.--The Secretary shall reserve not more than 
        $9,000,000 of the amount authorized for this subsection for the 
        4-year period beginning in fiscal year 2015 for use on 
        evaluation of multimodal connectivity measures developed by 
        metropolitan planning organizations in pilot locations, and to 
        consider development of a national indicator to measure the 
        multimodal connections to opportunity provided by the 
        transportation network, including the following activities:
                    ``(A) National technical assistance and peer 
                exchange forums.--The Secretary shall support the 
                measure development and data collection of metropolitan 
                planning organizations in pilot locations through 
                technical assistance and peer exchanges, and through 
                workshops with States, transit agencies, and 
                metropolitan planning organizations to discuss pilot 
                program findings, and establish an online collaboration 
                center for local jurisdictions to share ideas and 
                challenges, and document lessons learned.
                    ``(B) Connection to opportunity final report.--At 
                the end of the pilot program, the Secretary shall issue 
                a final report in consultation with the Secretary of 
                the Department of Housing and Urban Development, the 
                Secretary of the Department of Commerce and the 
                Administrator of the Environmental Protection Agency, 
                and after seeking public comment. The report shall 
                document the outcomes of the pilot program and make 
                recommendations on the establishment of 1 or more 
                national multimodal connectivity measures, and shall 
                include--
                            ``(i) the results of the efforts of the 
                        pilot program to measure and improve multimodal 
                        connectivity;
                            ``(ii) the Secretary's recommendations for 
                        1 or more national connectivity measures and 
                        integrating them into the Federal 
                        transportation performance management 
                        framework, in accordance with section 150; and
                            ``(iii) an assessment of social outcomes 
                        and impacts that may result from the pilot 
                        measures as well as estimated savings to 
                        Federal, State, and local social service 
                        subsidy programs, as well as other costs 
                        avoided and new tax revenues attributable to 
                        increased connectivity.
                    ``(C) Potential rulemaking.--After publication of 
                the final report under subparagraph (B), the Secretary, 
                in consultation with State departments of 
                transportation, metropolitan planning organizations, 
                and other stakeholders, may issue a rulemaking that 
                establishes performance measures and standards as 
                described in section 150(c)(8).
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) the term `opportunity' means jobs, schools, 
                and health care services; and
                    ``(B) the term `transportation-disadvantaged' means 
                an individual who faces challenges in securing or 
                accessing transportation due to age, disability, or 
                income constraints, including lack of access to 
                transportation or a private vehicle.''.
    (b) Title 49.--Section 5303 of title 49, United States Code, is 
amended by inserting at the end, the following:
    ``(r) Measuring Transportation Connections to Opportunity.--
            ``(1) Connection to opportunity pilot program.--
                    ``(A) Establishment.--The Secretary shall establish 
                a pilot program in not more than 10 metropolitan 
                planning organizations shall develop and deploy 1 or 
                more pilot measures and targets to improve multimodal 
                connectivity and increase connections for 
                transportation-disadvantaged and neighborhoods with 
                limited transportation options.
                    ``(B) Pilot locations.--The Secretary shall select 
                not more than 10 metropolitan planning organizations in 
                not more than 10 locations, each of which is the sole 
                metropolitan planning organization serving an urbanized 
                area of more than 1,000,000 residents, which shall 
                include--
                            ``(i) metropolitan planning organizations 
                        that have demonstrated previous successful use 
                        of performance measurements and performance-
                        based planning efforts, which the Secretary 
                        shall designate as mentor grantees; and
                            ``(ii) metropolitan planning organizations 
                        that have limited or no successful previous 
                        experience in performance measurements and 
                        performance-based planning efforts, which the 
                        Secretary shall designate as novice grantees.
                    ``(C) Pilot program activities.--
                            ``(i) Transportation connectivity 
                        inventory.--Not later than 6 months after 
                        selection as a pilot location, and in 
                        consultation with appropriate States, transit 
                        agencies, and local governments, metropolitan 
                        planning organizations in pilot locations, the 
                        selected metropolitan planning organization 
                        shall develop an inventory of transportation 
                        assets within such organization's metropolitan 
                        planning area which describes--
                                    ``(I) the condition of key highway, 
                                transit, bicycle, and pedestrian 
                                facilities;
                                    ``(II) the degree to which these 
                                facilities provide residents with 
                                connections to opportunity;
                                    ``(III) the identity and location 
                                of transportation-disadvantaged 
                                populations within the planning area; 
                                and
                                    ``(IV) local challenges to 
                                multimodal connectivity, such as zoning 
                                or land use issues, availability of 
                                affordable housing, and physical 
                                barriers that obstruct access from 
                                residential areas to opportunity.
                            ``(ii) Performance measures.--Not later 
                        than 1 year after selection as a pilot 
                        location, a metropolitan planning organization 
                        in such pilot location shall apply the baseline 
                        data it developed in clause (i) to adopt 1 or 
                        more provisional measures to assess multimodal 
                        connectivity improvements in the transportation 
                        system, including measurements of multimodal 
                        connectivity improvements available to 
                        transportation-disadvantaged populations 
                        identified in clause (i)(III) and appropriate 
                        to local assets and needs.
                            ``(iii) Data collection and reporting.--A 
                        metropolitan planning organization selected as 
                        a pilot location shall collect baseline and 
                        annual performance data on multimodal 
                        transportation connectivity to opportunity and 
                        report these data to the Secretary throughout 
                        the duration of the pilot project.
                            ``(iv) Knowledge-sharing.--A metropolitan 
                        planning organization designated as a mentor 
                        grantee shall engage in knowledge-sharing 
                        activities with novice grantees to the extent 
                        feasible, which may include peer exchanges and 
                        technical assistance.
                            ``(v) Project implementation.--
                                    ``(I) Notwithstanding section 120, 
                                a metropolitan planning organization 
                                may use funds remaining after the 
                                completion of the transportation 
                                connectivity inventory, development of 
                                provisional measures, and related 
                                tracking activities to pay the non-
                                Federal share to implement projects 
                                within the metropolitan planning area 
                                described in subclause (II).
                                    ``(II) The projects referred to in 
                                subclause (I) are projects that are 
                                reasonably anticipated to address 
                                system gaps and improve performance 
                                according to the locally adopted 
                                provisional multimodal transportation 
                                connectivity measures.
            ``(2) National performance measure development 
        activities.--The Secretary shall reserve not more than 
        $9,000,000 of the amount authorized for this subsection for the 
        4-year period beginning in fiscal year 2015 for use on 
        evaluation of multimodal connectivity measures developed by 
        metropolitan planning organizations in pilot locations, and to 
        consider development of a national indicator to measure the 
        multimodal connections to opportunity provided by the 
        transportation network, including the following activities:
                    ``(A) National technical assistance and peer 
                exchange forums.--The Secretary shall support the 
                measure development and data collection of metropolitan 
                planning organizations in pilot locations through 
                technical assistance and peer exchanges, and through 
                workshops with States, transit agencies, and 
                metropolitan planning organizations to discuss pilot 
                program findings, and establish an online collaboration 
                center for local jurisdictions to share ideas and 
                challenges, and document lessons learned.
                    ``(B) Connection to opportunity final report.--At 
                the end of the pilot program under this subsection, the 
                Secretary shall issue a final report in consultation 
                with the Secretary of Housing and Urban Development, 
                the Secretary of Commerce, and the Administrator of the 
                Environmental Protection Agency, and after seeking 
                public comment. The report shall document the outcomes 
                of the pilot program and make recommendations on the 
                establishment of 1 or more national multimodal 
                connectivity measures, and shall include--
                            ``(i) the results of the efforts of the 
                        pilot locations to measure and improve 
                        multimodal connectivity;
                            ``(ii) the Secretary's recommendations for 
                        1 or more national connectivity measures and 
                        integrating them into the Federal 
                        transportation performance management framework 
                        in accordance with section 150; and
                            ``(iii) an assessment of social outcomes 
                        and impact that may result from the pilot 
                        measures as well as estimated savings to 
                        Federal, State, and local social service 
                        subsidy programs, as well as other costs 
                        avoided and new tax revenues attributable to 
                        increased connectivity.
                    ``(C) Potential rulemaking.--Not later than 2 years 
                after the publication of the final report under 
                subparagraph (B), the Secretary, in consultation with 
                State departments of transportation, metropolitan 
                planning organizations, and other stakeholders, may 
                issue a rulemaking that establishes performance 
                measures and standards.
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) the term `opportunity' means jobs, schools, 
                and health care services; and
                    ``(B) the term `transportation-disadvantaged' means 
                an individual who faces challenges in securing or 
                accessing transportation due to age, disability, or 
                income constraints, including lack of access to 
                transportation or a private vehicle.''.

SEC. 5. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.

    (a) Performance Management Data Support Program.--Section 150 of 
title 23, United States Code, is amended by inserting at the end the 
following:
    ``(f) Performance Management Data Support.--To assist metropolitan 
planning organizations, States, and the Department in carrying out 
performance management analyses, including the performance management 
requirements of this chapter, the Secretary shall create and maintain 
data sets and data analysis tools. Such sets and tools may include--
            ``(1) collecting and distributing vehicle probe data 
        describing traffic on the National Highway System;
            ``(2) collecting data regarding household travel behavior 
        in crossing local jurisdictional boundaries;
            ``(3) enhancing existing data collection and analysis tools 
        to accommodate performance measures, targets, and related data;
            ``(4) enhancing existing data analysis tools to improve 
        performance predictions in reports described in subsection (e) 
        of this section or section 5405 of title 49; and
            ``(5) developing tools to improve performance analysis and 
        evaluate the effects of project investments on performance.''.
    (b) Federal Share.--Section 120 of such title is amended by adding 
at the end the following:
    ``(l) Performance Management Data Support Program.--The Federal 
share payable for an activity developed under the performance 
management data support program under section 150(f) shall be 100 
percent of the cost of the activity.''.

SEC. 6. MULTIMODAL ACCOMMODATIONS.

    (a) Design Standards.--Section 109 of title 23, United States Code, 
is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``may take into account'' 
                        and inserting ``shall take into account''; and
                            (ii) by striking paragraph (1)(C) and 
                        inserting the following:
                    ``(C) access and safety for users of all 
                foreseeable modes of transportation.''; and
                    (B) in paragraph (2), by striking ``may develop'' 
                and inserting ``shall develop''; and
            (2) in subsection (m), by--
                    (A) striking ``and light motorcycles''; and
                    (B) inserting ``, safe, convenient, and 
                continuous'' before ``alternate route''.
    (b) Transportation Alternatives.--
            (1) Federal share.--Section 120 of title 23, United States 
        Code, is amended by adding at the end the following:
    ``(m) Transportation Alternatives Program.--The Federal share 
requirements under this section applicable to the transportation 
alternatives program under section 213 may be met based on--
            ``(1) an individual project or activity under that section; 
        or
            ``(2) a program of projects or activities approved under 
        subsection (c)(6)(B) of that section.''.
            (2) Reservation of funds.--Section 213 of such title is 
        amended in subsection (a)(1) by striking ``of fiscal years 2013 
        and 2014'' and inserting ``fiscal year''.
            (3) Eligible entities.--Section 213(c)(4)(B) of such title 
        is amended by--
                    (A) redesignating clauses (vi) and (vii) as clauses 
                (viii) and (ix); and
                    (B) inserting after clause (v) the following:
                            ``(vi) a nonprofit organization;
                            ``(vii) a metropolitan planning 
                        organization (except in the case of a 
                        competitive process carried out by such 
                        metropolitan planning organization under 
                        subparagraph (A));''.
            (4) Program of projects.--Section 213(c) of such title is 
        further amended by adding at the end the following:
            ``(6) Program of projects.--Funds may be obligated under 
        this section for--
                    ``(A) a project or activity eligible under 
                subsection (b); or
                    ``(B) a program of projects or activities eligible 
                under that subsection.
            ``(7) Administration.--
                    ``(A) Submission of project agreement.--For each 
                fiscal year, each State shall submit a project 
                agreement that--
                            ``(i) certifies that the State will meet 
                        all the requirements of this section; and
                            ``(ii) notifies the Secretary of the amount 
                        of obligations needed to carry out the program 
                        under this section.
                    ``(B) Request for adjustments of amounts.--Each 
                State shall request from the Secretary such adjustments 
                to the amount of obligations referred to in 
                subparagraph (A)(ii) as the State determines to be 
                necessary.
                    ``(C) Effect of approval by the secretary.--
                Approval by the Secretary of a project agreement under 
                subparagraph (A) shall be deemed a contractual 
                obligation of the United States to pay funds made 
                available under this title.''.

SEC. 7. ESTABLISHMENT OF A BROADBAND INFRASTRUCTURE INITIATIVE.

    (a) In General.--The Secretary shall carry out a broadband 
infrastructure initiative to expand right-of-way use to accommodate 
broadband infrastructure and improve broadband access in unserved and 
underserved areas.
    (b) Requirements.--The Secretary shall require each State to meet 
the following requirements:
            (1) State broadband infrastructure needs.--Each State 
        department of transportation shall--
                    (A) identify the broadband infrastructure needs of 
                the State in coordination with other State and local 
                agencies and the Federal Responder Network Authority 
                established in section 6204 of the Middle Class Tax 
                Relief and Job Creation Act of 2012 (47 U.S.C. 1424);
                    (B) designate a broadband utility coordinator to 
                incorporate such needs into future Federal-aid highway 
                projects as described in paragraph (2);
                    (C) provide an online system for any broadband 
                infrastructure entity to register for inclusion in 
                efforts to address such needs as described in such 
                paragraph; and
                    (D) include broadband infrastructure entities in 
                transportation plans and programs described in sections 
                134 and 135 of title 23, United States Code.
            (2) Broadband infrastructure coordination plan.--Each State 
        department of transportation shall--
                    (A) implement a plan based on the needs described 
                in paragraph (1)(A) to promote the installation of 
                broadband infrastructure in rights-of-way;
                    (B) target such installation in unserved and 
                underserved areas;
                    (C) minimize repeated excavations in rights-of-way 
                through coordination described in paragraph (1)(B); and
                    (D) coordinate, to the extent practicable, such 
                deployment with other telecommunications and local land 
                use and transportation plans.
            (3) Right-of-way access.--Notwithstanding any other 
        provision of law--
                    (A) Each State department of transportation shall--
                            (i) consider new technology and 
                        construction practices to promote the safe and 
                        efficient accommodation of broadband 
                        infrastructure in rights-of-way;
                            (ii) permit the broadband utility 
                        coordinator to authorize any broadband 
                        infrastructure entity to install broadband 
                        infrastructure in rights-of-way; and
                            (iii) ensure that authorized broadband 
                        infrastructure entities have access to rights-
                        of-way without charge for installation, 
                        operation, and maintenance of broadband 
                        infrastructure; and
                    (B) each State department of transportation may--
                            (i) restrict such access in the interest of 
                        safety; and
                            (ii) designate any longitudinal area to 
                        accommodate broadband infrastructure.
    (c) State Flexibility.--A State meeting the requirements under 
subsection (b) may use funds authorized for the surface transportation 
program under section 133 of title 23, United States Code, and the 
national highway performance program under section 119 of such title, 
to install broadband infrastructure as part of a Federal-aid highway 
project located in an unserved or underserved area, and the broadband 
infrastructure may be used to support nontransportation purposes in 
addition to transportation purposes.
    (d) Definitions.--For purposes of this section:
            (1) The term ``broadband infrastructure'' means buried or 
        aerial facilities that provide wired or wireless connections to 
        enable users to send and receive data.
            (2) The term ``broadband infrastructure entity'' means any 
        entity that installs, owns, or operates broadband 
        infrastructure and provides services to members of the public.
            (3) The term ``broadband utility coordinator'' means an 
        individual responsible for coordinating the broadband 
        infrastructure needs of the State with Federal-aid highway 
        projects.
            (4) The term ``Federal-aid highway'' has the same meaning 
        given such term in section 101(a)(6) of title 23, United States 
        Code.
            (5) The term ``longitudinal area'' means the area along the 
        length of a highway.
            (6) The term ``project'' has the same meaning given that 
        term in section 101(a)(18) of title 23, United States Code.
            (7) The terms ``right-of-way'' and ``rights-of-way'' mean 
        real property, or interest therein, acquired, dedicated, or 
        reserved for the construction, operation, and maintenance of a 
        Federal-aid highway.
            (8) The term ``State'' means any of the States, the 
        District of Columbia, or the Commonwealth of Puerto Rico, that 
        receive funds under title 23, United States Code.
            (9) The term ``underserved area'' means an area in which--
                    (A) 50 percent or less of households have access to 
                the minimum broadband speed;
                    (B) no provider offers service speeds of at least 3 
                Mbps; or
                    (C) 40 percent or less of the households choose to 
                subscribe to a broadband service.
            (10) The term ``unserved area'' means an area that does not 
        have access to broadband services at speeds of at least 768 
        Kbps download/200 Kbps upload.
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