[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5978 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5978

To amend title 14, United States Code, to clarify the functions of the 
 Chief Acquisition Officer of the Coast Guard, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2016

 Mr. Hunter (for himself, Mr. Farenthold, Mr. Garamendi, Mr. Young of 
   Alaska, and Mr. Rouzer) introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 14, United States Code, to clarify the functions of the 
 Chief Acquisition Officer of the Coast Guard, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Coast Guard and 
Maritime Transportation Amendments Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
             TITLE I--COAST GUARD, NAVIGATION, AND SHIPPING

Sec. 101. Coast Guard major acquisition programs.
Sec. 102. Prospective payment of funds necessary to provide medical 
                            care for the Coast Guard.
Sec. 103. Oil spill disbursements auditing and report.
Sec. 104. Deadline for compliance with alternate safety compliance 
                            program.
Sec. 105. Coast Guard pier in Wilmington, North Carolina.
Sec. 106. Backup global positioning system.
                        TITLE II--OTHER MATTERS

Sec. 201. Vessel ``Apollonia''.
Sec. 202. Reimbursement for non-Federal construction costs of certain 
                            aids to navigation.
Sec. 203. Corrections to provisions enacted by Coast Guard 
                            Authorization Acts.

             TITLE I--COAST GUARD, NAVIGATION, AND SHIPPING

SEC. 101. COAST GUARD MAJOR ACQUISITION PROGRAMS.

    (a) Functions of Chief Acquisition Officer.--Section 56(c) of title 
14, United States Code, is amended by striking ``and'' after the 
semicolon at the end of paragraph (8), striking the period at the end 
of paragraph (9) and inserting ``; and'', and adding at the end the 
following:
            ``(10)(A) keeping the Commandant informed of the progress 
        of major acquisition programs (as that term is defined in 
        section 581);
            ``(B) informing the Commandant on a continuing basis of any 
        developments on such programs that may require new or revisited 
        trade-offs among cost, schedule, technical feasibility, and 
        performance, including--
                    ``(i) significant cost growth or schedule slippage; 
                and
                    ``(ii) requirements creep (as that term is defined 
                in section 2547(c)(1) of title 10); and
            ``(C) ensuring that the views of the Commandant regarding 
        such programs on cost, schedule, technical feasibility, and 
        performance trade-offs are strongly considered by program 
        managers and program executive officers in all phases of the 
        acquisition process.''.
    (b) Customer Service Mission of Directorate.--
            (1) In general.--Chapter 15 of title 14, United States 
        Code, is amended--
                    (A) in section 561(b)--
                            (i) in paragraph (1), by striking ``; and'' 
                        and inserting a semicolon;
                            (ii) in paragraph (2), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(3) to meet the needs of customers of major acquisition 
        programs in the most cost-effective manner practicable.'';
                    (B) in section 562, by repealing subsection (b) and 
                redesignating subsections (c) through (g) as 
                subsections (b) through (f), respectively;
                    (C) in section 563, by striking ``Not later than 
                180 days after the date of enactment of the Coast Guard 
                Authorization Act of 2010, the Commandant shall 
                commence implementation of'' and inserting ``The 
                Commandant shall maintain'';
                    (D) by adding at the end of section 564 the 
                following:
    ``(c) Acquisition of Unmanned Aerial Systems.--
            ``(1) In general.--During any fiscal year for which funds 
        are appropriated for the design or construction of the Offshore 
        Patrol Cutter, the Commandant--
                    ``(A) may not award a contract for design of an 
                unmanned aerial system for use by the Coast Guard; and
                    ``(B) may acquire an unmanned aerial system only--
                            ``(i) if such a system has been acquired 
                        by, or has been used by, the Department of 
                        Defense or the department in which the Coast 
                        Guard is operating, or a component thereof, 
                        before the date on which the Commandant 
                        acquires the system; and
                            ``(ii) through an agreement with such a 
                        department or component, unless the unmanned 
                        aerial system can be obtained at less cost 
                        through independent contract action.
            ``(2) Limitations on application.--
                    ``(A) Small unmanned aerial systems.--The 
                limitations in paragraph (1)(B) do not apply to any 
                small unmanned aerial system that consists of--
                            ``(i) an unmanned aircraft weighing less 
                        than 55 pounds on takeoff, including all 
                        components and equipment on board or otherwise 
                        attached to the aircraft; and
                            ``(ii) associated elements (including 
                        communication links and the components that 
                        control such aircraft) that are required for 
                        the safe and efficient operation of such 
                        aircraft.
                    ``(B) Previously funded systems.--The limitations 
                in paragraph (1) do not apply to the design or 
                acquisition of an unmanned aerial system for which 
                funds for research, development, test, and evaluation 
                have been received from the Department of Defense or 
                the department in which the Coast Guard is 
                operating.'';
                    (E) in subchapter II, by adding at the end the 
                following:
``Sec. 578. Role of Vice Commandant in major acquisition programs
    ``The Vice Commandant--
            ``(1) shall represent the customer of a major acquisition 
        program with regard to trade-offs made among cost, schedule, 
        technical feasibility, and performance with respect to such 
        program; and
            ``(2) shall advise the Commandant in decisions regarding 
        the balancing of resources against priorities, and associated 
        trade-offs referred to in paragraph (1), on behalf of the 
        customer of a major acquisition program.
``Sec. 579. Extension of major acquisition program contracts
    ``(a) In General.--Notwithstanding section 564(a)(2) of this title 
and section 2304 of title 10, and subject to subsections (b) and (c) of 
this section, the Secretary may acquire additional units procured under 
a Coast Guard major acquisition program contract, by extension of such 
contract without competition, if the Director of the Cost Analysis 
Division of the Department of Homeland Security determines that the 
costs that would be saved through award of a new contract in accordance 
with such sections would not exceed the costs of such an award.
    ``(b) Limitation on Number of Additional Units.--The number of 
additional units acquired under a contract extension under this section 
may not exceed the number of additional units for which such 
determination is made.
    ``(c) Determination of Costs Upon Request.--The Director of the 
Cost Analysis Division of the Department of Homeland Security shall, at 
the request of the Secretary, determine for purposes of this section--
            ``(1) the costs that would be saved through award of a new 
        major acquisition program contract in accordance with section 
        564(a)(2) for the acquisition of a number of additional units 
        specified by the Secretary; and
            ``(2) the costs of such award, including the costs that 
        would be incurred due to acquisition schedule delays and asset 
        design changes associated with such award.
    ``(d) Number of Extensions.--A contract may be extended under this 
section more than once.''; and
                    (F) in section 581--
                            (i) by redesignating paragraphs (7) through 
                        (10) as paragraphs (9) through (12), 
                        respectively, and by redesignating paragraphs 
                        (3) through (6) as paragraphs (4) through (7), 
                        respectively;
                            (ii) by inserting after paragraph (2) the 
                        following:
            ``(3) Customer of a major acquisition program.--The term 
        `customer of a major acquisition program' means the operating 
        field unit of the Coast Guard that will field the system or 
        systems acquired under a major acquisition program.''; and
                            (iii) by inserting after paragraph (7), as 
                        so redesignated, the following:
            ``(8) Major acquisition program.--The term `major 
        acquisition program' means an ongoing acquisition undertaken by 
        the Coast Guard with a life-cycle cost estimate greater than or 
        equal to $300,000,000.''.
            (2) Conforming amendment.--Section 569a of such title is 
        amended by striking subsection (e).
            (3) Clerical amendment.--The analysis at the beginning of 
        such chapter is amended by adding at the end of the items 
        relating to subchapter II the following:

``578. Role of Vice Commandant in major acquisition programs.
``579. Extension of major acquisition program contracts.''.
    (c) Review Required.--
            (1) Requirement.--The Commandant of the Coast Guard shall 
        conduct a review of--
                    (A) the authorities provided to the Commandant in 
                chapter 15 of title 14, United States Code, and other 
                relevant statutes and regulations related to Coast 
                Guard acquisitions, including developing 
                recommendations to ensure that the Commandant plays an 
                appropriate role in the development of requirements, 
                acquisition processes, and the associated budget 
                practices;
                    (B) implementation of the strategy prepared in 
                accordance with section 562(b)(2) of title 14, United 
                States Code, as in effect before the enactment of this 
                Act; and
                    (C) acquisition policies, directives, and 
                regulations of the Coast Guard to ensure such policies, 
                directives, and regulations establish a customer-
                oriented acquisition system.
            (2) Report.--Not later than March 1, 2017, the Commandant 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report containing, at a minimum, the following:
                    (A) The recommendations developed by the Commandant 
                under paragraph (1) and other results of the review 
                conducted under such paragraph.
                    (B) The actions the Commandant is taking, if any, 
                within the Commandant's existing authority to implement 
                such recommendations.
            (3) Modification of policies, directives, and 
        regulations.--Not later than one year after the date of the 
        enactment of this Act, the Commandant of the Coast Guard shall 
        modify the acquisition policies, directives, and regulations of 
        the Coast Guard as necessary to ensure the development and 
        implementation of a customer-oriented acquisition system, 
        pursuant to the review under paragraph (1)(C).
    (d) Analysis of Using Multiyear Contracting.--
            (1) In general.--No later than one year after the date of 
        the enactment of this Act, the Secretary of the department in 
        which the Coast Guard is operating shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate an analysis of the use of 
        multiyear contracting, including procurement authority provided 
        under section 2306b of title 10, United States Code, and 
        authority similar to that granted to the Navy under section 
        121(b) of the National Defense Authorization Act for Fiscal 
        Year 1998 (Public Law 105-85; 111 Stat. 1648) and section 150 
        of the Continuing Appropriations Act, 2011 (Public Law 111-242; 
        124 Stat. 3519), to acquire any combination of at least five--
                    (A) Fast Response Cutters, beginning with hull 43; 
                and
                    (B) Offshore Patrol Cutters, beginning with hull 5.
            (2) Contents.--The analysis under paragraph (1) shall 
        include the costs and benefits of using multiyear contracting, 
        the impact of multiyear contracting on delivery timelines, and 
        whether the acquisitions examined would meet the tests for the 
        use of multiyear procurement authorities.

SEC. 102. PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE MEDICAL 
              CARE FOR THE COAST GUARD.

    (a) In General.--Chapter 13 of title 14, United States Code, is 
amended by adding at the end the following:

``SEC. 520. PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE MEDICAL 
              CARE.

    ``(a) Prospective Payment Required.--In lieu of the reimbursement 
required under section 1085 of title 10, for periods when the Coast 
Guard is not operating as a service in the Navy the Secretary of the 
department in which the Coast Guard is operating shall make a 
prospective payment to the Secretary of Defense of an amount that 
represents the actuarial valuation of treatment or care--
            ``(1) that the Department of Defense provides to members of 
        the Coast Guard, former members of the Coast Guard, and 
        dependents of such members and former members (other than 
        former members and dependents of former members who are a 
        Medicare-eligible beneficiary or for whom the payment for 
        treatment or care is made from the Medicare-Eligible Retiree 
        Health Care Fund) at facilities under the jurisdiction of the 
        Department of Defense or a military department; and
            ``(2) for which a reimbursement would otherwise be made 
        under such section 1085.
    ``(b) Amount.--The amount of the prospective payment under 
subsection (a) shall be--
            ``(1) in the case of treatment or care to be provided to 
        members of the Coast Guard and their dependents, derived from 
        amounts appropriated for the operating expenses of the Coast 
        Guard;
            ``(2) in the case of treatment or care to be provided 
        former members of the Coast Guard and their dependents, derived 
        from amounts appropriated for retired pay;
            ``(3) determined under procedures established by the 
        Secretary of Defense;
            ``(4) paid during the fiscal year in which treatment or 
        care is provided; and
            ``(5) subject to adjustment or reconciliation as the 
        Secretary of the department in which the Coast Guard is 
        operating when it is not operating as a service in the Navy and 
        the Secretary of Defense determine appropriate during or 
        promptly after such fiscal year in cases in which the 
        prospective payment is determined excessive or insufficient 
        based on the services actually provided.
    ``(c) No Prospective Payment When Service in Navy.--No prospective 
payment shall be made under this section for any period during which 
the Coast Guard operates as a service in the Navy.
    ``(d) Relationship to TRICARE.--This section shall not be construed 
to require a payment for, or the prospective payment of an amount that 
represents the value of, treatment or care provided under any TRICARE 
program.''.
    (b) Clerical Amendment.--The analysis for chapter 13 of title 14, 
United States Code, is amended by adding at the end the following:

``520. Prospective payment of funds necessary to provide medical 
                            care.''.
    (c) Repeal.--Section 217 of the Coast Guard Authorization Act of 
2015 (Public Law 114-120), and the item relating to that section in the 
table of contents in section 2 of such Act, are repealed.

SEC. 103. OIL SPILL DISBURSEMENTS AUDITING AND REPORT.

    Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is 
amended--
            (1) by repealing subsection (g);
            (2) in subsection (l)(1), by striking ``Within one year 
        after the date of enactment of the Coast Guard Authorization 
        Act of 2010, and annually thereafter,'' and inserting ``Each 
        year, on the date on which the President submits to Congress a 
        budget under section 1105 of title 31, United States Code,''; 
        and
            (3) by amending subsection (l)(2) to read as follows:
            ``(2) Contents.--The report shall include--
                    ``(A) a list of each disbursement of $500,000 or 
                more from the Fund in the preceding fiscal year, 
                including disbursements to Federal agencies;
                    ``(B) a list of each disbursement of $500,000 or 
                more from the Fund in the fiscal year preceding the 
                preceding fiscal year that has not been reimbursed by a 
                responsible party; and
                    ``(C) a description of how each use of the Fund 
                described in subparagraph (A) or (B) meets the 
                requirements of subsection (a).''.

SEC. 104. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY COMPLIANCE 
              PROGRAM.

    Section 4503(d)(1) of title 46, United States Code, is amended by 
striking ``After January 1, 2020,'' and all that follows through ``the 
Secretary,'' and inserting ``For each of fishing vessels, fish 
processing vessels, and fish tender vessels, after the later of January 
1, 2020, or the end of the 3-year period beginning on the date on which 
the Secretary prescribes an alternate safety compliance program 
developed in cooperation with the commercial fishing industry for such 
a vessel, such a vessel shall comply with the applicable alternate 
safety compliance program''.

SEC. 105. COAST GUARD PIER IN WILMINGTON, NORTH CAROLINA.

    (a) In General.--The Secretary of the department in which the Coast 
Guard is operating shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate by not later than 
90 days after the date of the enactment of this Act a report on--
            (1) short-term plans for berthing the USCGC Diligence in 
        Wilmington, North Carolina, while the Coast Guard pier in 
        Wilmington is being repaired; and
            (2) long-term plans for repairing and maintaining such pier 
        so that it can be used to berth such vessel and any future 
        Coast Guard cutter stationed in Wilmington.
    (b) Cost Estimates.--The report shall include cost estimates and 
timeframes for such short- and long-term plans.

SEC. 106. BACKUP GLOBAL POSITIONING SYSTEM.

    (a) Short Title.--This section may be cited as the ``National 
Positioning, Navigation, and Timing Resilience and Security Act of 
2016''.
    (b) In General.--Subtitle VIII of title 46, United States Code, is 
amended by adding at the end the following:

            ``CHAPTER 807--POSITION, NAVIGATION, AND TIMING

``Sec.
``80701. Land-based complementary and backup system.
``Sec. 80701. Land-based complementary and backup system
    ``(a) In General.--Subject to the availability of appropriations, 
the Commandant of the Coast Guard, in consultation with the Secretary 
of Transportation, shall provide for the establishment, sustainment, 
and operation of a reliable land-based enhanced LORAN, or eLORAN, 
positioning, navigation, and timing system to provide a complement to 
and backup for the Global Positioning System (in this section referred 
to as `GPS') to ensure the availability of uncorrupted and nondegraded 
positioning, navigation, and timing signals for military and civilian 
users in the event that GPS signals are corrupted, degraded, 
unreliable, or otherwise unavailable.
    ``(b) Requirements.--The system established under subsection (a) 
shall--
            ``(1) be wireless;
            ``(2) be terrestrial;
            ``(3) provide wide-area coverage;
            ``(4) deliver a precise, high-power 100 kilohertz signal;
            ``(5) be synchronized with coordinated universal time;
            ``(6) be resilient and extremely difficult to disrupt or 
        degrade;
            ``(7) be able to penetrate underground and inside 
        buildings;
            ``(8) be capable of ready deployment to remote locations;
            ``(9) take full advantage of the infrastructure of the 
        existing, unused Government long-range navigation system 
        (commonly known as `LORAN');
            ``(10) incorporate the expertise of the private sector with 
        respect to development, building, and operation;
            ``(11) work in concert with and complement any other 
        similar positioning, navigation, and timing systems;
            ``(12) be available for use by Federal and non-Federal 
        government agencies for public purposes at no cost; and
            ``(13) incorporate such other requirements determined 
        necessary by the Commandant.
    ``(c) Request for Proposals.--
            ``(1) In general.--Not later than three months after the 
        date of enactment of this section, the Commandant, in 
        consultation with the Secretary of Transportation, shall 
        publish a request for proposals to solicit options for--
                    ``(A) eLORAN system architecture; and
                    ``(B) business models for the design, installation, 
                operation, and maintenance of an eLORAN system in 
                accordance with this section for a period of no less 
                than 20 years.
            ``(2) Contracting options.--The request for proposals shall 
        request options that--
                    ``(A) incorporate the expertise of the private 
                sector; and
                    ``(B) allow for the expeditious installation, daily 
                operation, and routine maintenance of an eLORAN system 
                architecture.
    ``(d) Implementation Date.--Not later than 180 days after the date 
of enactment of this section, the Commandant of the Coast Guard, in 
consultation with the Secretary of Transportation, shall provide to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a plan to ensure that the system required 
under this section is fully operational not later than 3 years after 
such date of enactment.''.
    (c) Clerical Amendment.--The analysis for subtitle VIII of title 
46, United States Code, is amended by adding after the item relating to 
chapter 805 the following:

``807. Position, Navigation, and Timing.....................   80701''.

                        TITLE II--OTHER MATTERS

SEC. 201. VESSEL ``APOLLONIA''.

    Notwithstanding any other provision of law, the Secretary of the 
department in which the Coast Guard is operating shall issue a 
certificate of documentation with a coastwise endorsement for the 
vessel Apollonia (United States official number 1266527).

SEC. 202. REIMBURSEMENT FOR NON-FEDERAL CONSTRUCTION COSTS OF CERTAIN 
              AIDS TO NAVIGATION.

    (a) In General.--Subject to the availability of appropriations and 
in accordance with this section, the Commandant of the Coast Guard may 
reimburse a non-Federal entity for costs incurred by the entity for a 
covered project.
    (b) Conditions.--The Commandant may not provide reimbursement under 
subsection (a) with respect to a covered project unless--
            (1) the need for the project is a result of the completion 
        of construction with respect to a federally authorized 
        navigation channel;
            (2) the Commandant determines, through an appropriate 
        navigation safety analysis, that the project is necessary to 
        ensure safe marine transportation;
            (3) the Commandant approves the design of the project to 
        ensure that it meets all applicable Coast Guard aid to 
        navigation standards and requirements;
            (4) the non-Federal entity agrees to transfer the project 
        upon completion to the Coast Guard to be operated and 
        maintained by the Coast Guard as a Federal aid to navigation;
            (5) the non-Federal entity carries out the project in 
        accordance with the same laws and regulations that would apply 
        to the Coast Guard if the Coast Guard carried out the project, 
        including obtaining all permits required for the project under 
        Federal and State law; and
            (6) the Commandant determines that the project satisfies 
        such additional requirements as may be established by the 
        Commandant.
    (c) Limitations.--Reimbursements under subsection (a) may not 
exceed the following:
            (1) For a single covered project, $5,000,000.
            (2) For all covered projects in a single fiscal year, 
        $5,000,000.
    (d) Expiration.--The authority granted under this section shall 
expire on the date that is 4 years after the date of enactment of this 
section.
    (e) Covered Project Defined.--In this section, the term ``covered 
project'' means a project carried out by a non-Federal entity to 
construct and establish an aid to navigation that facilitates safe and 
efficient marine transportation on a federally authorized navigation 
channel.

SEC. 203. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD 
              AUTHORIZATION ACTS.

    (a) Short Title Correction.--The Coast Guard Authorization Act of 
2015 (Public Law 114-120) is amended by striking ``Coast Guard 
Authorization Act of 2015'' each place it appears (including in quoted 
material) and inserting ``Coast Guard Authorization Act of 2016''.
    (b) Title 46, United States Code.--
            (1) Section 7510 of title 46, United States Code, is 
        amended--
                    (A) in subsection (c)(1)(D), by striking ``engine'' 
                and inserting ``engineer''; and
                    (B) in subsection (c)(9), by inserting a period 
                after ``App''.
            (2) Section 4503(f)(2) of title 46, United States Code, is 
        amended by striking ``, that'' and inserting ``, then''.
    (c) Provisions Relating to the Pribilof Islands.--
            (1) Short title correction.--Section 521 of the Coast Guard 
        Authorization Act of 2016 (Public Law 114-120), as amended by 
        subsection (a), is further amended by striking ``2015'' and 
        inserting ``2016''.
            (2) Conforming amendment.--Section 105(e)(1) of the 
        Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public 
        Law 106-562) is amended by striking ``2015'' and inserting 
        ``2016''.
            (3) Technical correction.--Section 522(b)(2) of the Coast 
        Guard Authorization Act of 2016 (Public Law 114-120), as 
        amended by subsection (a), is further amended by striking 
        ``subsection (a)'' and inserting ``paragraph (1)''.
    (d) Title 14, United States Code.--
            (1) Redistribution of authorizations of appropriations.--
        Section 2702 of title 14, United States Code, is amended--
                    (A) in paragraph (1)(B), by striking 
                ``$6,981,036,000'' and inserting ``$6,986,815,000''; 
                and
                    (B) in paragraph (3)(B), by striking 
                ``$140,016,000'' and inserting ``$134,237,000''.
            (2) Clerical amendment.--The analysis at the beginning of 
        part III of title 14, United States Code, is amended by 
        striking the period at the end of the item relating to chapter 
        29.
    (e) National Academy of Sciences Cost Assessment.--Section 604(a) 
of the Coast Guard Authorization Act of 2015 (Public Law 114-120) is 
amended in the first sentence by striking ``365 days after the date of 
enactment of this Act,'' and inserting ``July 15, 2017,''.
    (f) Continuation on Active Duty: Board.--Section 290(a) of title 
14, United States Code, is amended by striking ``five officers serving 
in the grade of vice admiral'' and inserting ``5 officers (other than 
the Commandant) serving in the grade of admiral or vice admiral''.
    (g) Certificate of Documentation.--Section 604(b) of the Howard 
Coble Coast Guard and Maritime Authorization Act of 2014 (Public Law 
113-281) is amended by inserting ``and fisheries endorsement'' after 
``endorsement''.
    (h) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of Public Law 114-120.
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