[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4334 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4334

   To enhance the security operations of the Transportation Security 
 Administration and stability of the transportation security workforce 
by applying the personnel system under title 5, United States Code, to 
employees of the Transportation Security Administration, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2024

   Mr. Schatz (for himself, Mr. Peters, Mr. Casey, Mr. Warnock, Mr. 
Hickenlooper, Mr. Carper, Mr. Heinrich, Ms. Hirono, Ms. Klobuchar, Mr. 
Sanders, Mr. Fetterman, Ms. Stabenow, Ms. Cortez Masto, Mr. Kaine, Ms. 
Smith, Ms. Rosen, Ms. Duckworth, Mr. Padilla, Mr. Wyden, Mrs. Shaheen, 
   Mr. Bennet, Ms. Butler, Mr. Merkley, Mr. Durbin, Mr. Tester, Mr. 
  Blumenthal, Mr. Van Hollen, Ms. Warren, Ms. Hassan, and Mr. Cardin) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To enhance the security operations of the Transportation Security 
 Administration and stability of the transportation security workforce 
by applying the personnel system under title 5, United States Code, to 
employees of the Transportation Security Administration, 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 ``Rights for the Transportation 
Security Administration Workforce Act of 2024'' or the ``Rights for the 
TSA Workforce Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``2022 Determination'' means the publication, 
        entitled ``Determination on Transportation Security Officers 
        and Collective Bargaining'', issued on December 30, 2022, by 
        Administrator David P. Pekoske, as modified, or any superseding 
        subsequent determination;
            (2) the term ``adjusted basic pay'' means--
                    (A) the rate of pay fixed by law or administrative 
                action for a position occupied by a covered employee 
                before any deductions; and
                    (B) any regular, fixed supplemental payment for 
                non-overtime hours of work creditable as basic pay for 
                retirement purposes, including any applicable locality 
                payment and any special rate supplement;
            (3) the term ``Administration'' means the Transportation 
        Security Administration;
            (4) the term ``Administrator'' means the Administrator of 
        the Administration;
            (5) the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on Homeland Security of the House 
                of Representatives; and
                    (D) the Committee on Oversight and Accountability 
                of the House of Representatives;
            (6) the term ``conversion date'' means the date on which 
        subparagraphs (A) through (F) of section 3(c)(1) take effect;
            (7) the term ``covered employee'' means an employee who 
        occupies a covered position;
            (8) the term ``covered position'' means a position within 
        the Administration;
            (9) the term ``employee'' has the meaning given the term in 
        section 2105 of title 5, United States Code;
            (10) the term ``screening agent'' means a full- or part-
        time non-supervisory covered employee carrying out screening 
        functions under section 44901 of title 49, United States Code;
            (11) the term ``Secretary'' means the Secretary of Homeland 
        Security; and
            (12) the term ``TSA personnel management system'' means any 
        personnel management system established or modified under--
                    (A) section 111(d) of the Aviation and 
                Transportation Security Act (49 U.S.C. 44935 note); or
                    (B) section 114(n) of title 49, United States Code.

SEC. 3. CONVERSION OF TSA PERSONNEL.

    (a) Restrictions on Certain Personnel Authorities.--
            (1) In general.--Notwithstanding any other provision of 
        law, effective as of the date of enactment of this Act--
                    (A) any TSA personnel management system in use for 
                covered employees and covered positions on the day 
                before that date of enactment, and any personnel 
                management policy, letter, guideline, or directive of 
                the Administration in effect on that day, may not be 
                modified;
                    (B) no personnel management policy, letter, 
                guideline, or directive of the Administration that was 
                not established before that date issued pursuant to 
                section 111(d) of the Aviation and Transportation 
                Security Act (49 U.S.C. 44935 note) or section 114(n) 
                of title 49, United States Code, may be established; 
                and
                    (C) any authority to establish or adjust a human 
                resources management system under chapter 97 of title 
                5, United States Code, shall terminate with respect to 
                covered employees and covered positions.
            (2) Exceptions.--
                    (A) Pay.--Notwithstanding paragraph (1)(A), the 
                limitation in that paragraph shall not apply to any 
                personnel management policy, letter, guideline, or 
                directive of the Administration relating to annual 
                adjustments to pay schedules and locality-based 
                comparability payments in order to maintain parity with 
                those adjustments authorized under sections 5303, 5304, 
                5304a, and 5318 of title 5, United States Code.
                    (B) Additional policy.--Notwithstanding paragraph 
                (1)(B), new personnel management policy of the 
                Administration may be established if--
                            (i) that policy is needed to resolve a 
                        matter not specifically addressed in policy in 
                        effect on the date of enactment of this Act; 
                        and
                            (ii) the Secretary provides that policy, 
                        with an explanation of the necessity of that 
                        policy, to the appropriate congressional 
                        committees not later than 7 days after the date 
                        on which the policy is issued.
                    (C) Emerging threats to transportation security 
                during transition period.--
                            (i) In general.--Notwithstanding paragraph 
                        (1), any personnel management policy, letter, 
                        guideline, or directive of the Administration 
                        relating to an emerging threat to 
                        transportation security, including national 
                        emergencies or disasters and public health 
                        threats to transportation security, may be 
                        modified or established until the conversion 
                        date.
                            (ii) Submission to congress.--Not later 
                        than 7 days after the date on which any 
                        personnel management policy, letter, guideline, 
                        or directive of the Administration is modified 
                        or established under clause (i), the Secretary 
                        shall provide to the appropriate congressional 
                        committees that established or modified policy, 
                        letter, guideline, or directive, as applicable, 
                        which shall contain an explanation of the 
                        necessity of that establishment or 
                        modification.
    (b) Personnel Authorities During Transition Period.--Any TSA 
personnel management system in use for covered employees and covered 
positions on the day before the date of enactment of this Act, and any 
personnel management policy, letter, guideline, or directive of the 
Administration in effect on the day before the date of enactment of 
this Act, shall remain in effect until the conversion date.
    (c) Transition to Title 5.--
            (1) In general.--Except as provided in paragraph (2), 
        effective beginning on a date determined by the Secretary, but 
        in no event later than December 31, 2024--
                    (A) all TSA personnel management systems shall 
                cease to be in effect;
                    (B) section 114(n) of title 49, United States Code, 
                is repealed;
                    (C) section 111(d) of the Aviation and 
                Transportation Security Act (Public Law 107-71; 49 
                U.S.C. 44935 note) is repealed;
                    (D) any personnel management policy, letter, 
                guideline, or directive of the Administration, 
                including the 2022 Determination, shall cease to be 
                effective;
                    (E) any human resources management system 
                established or adjusted under chapter 97 of title 5, 
                United States Code, with respect to covered employees 
                or covered positions shall cease to be effective; and
                    (F) covered employees and covered positions shall 
                be subject to the provisions of title 5, United States 
                Code.
            (2) Chapters 71 and 77 of title 5.--Not later than 90 days 
        after the date of enactment of this Act--
                    (A) chapters 71 and 77 of title 5, United States 
                Code, shall apply to covered employees carrying out 
                screening functions pursuant to section 44901 of title 
                49, United States Code; and
                    (B) any policy, letter, guideline, or directive 
                issued under section 111(d) of the Aviation and 
                Transportation Security Act (49 U.S.C. 44935 note) 
                relating to matters otherwise covered by chapter 71 or 
                77 of title 5, United States Code, shall cease to be 
                effective.
            (3) Assistance of other agencies.--Not later than 180 days 
        after the date of enactment of this Act, or December 31, 2024, 
        whichever is earlier--
                    (A) the Director of the Office of Personnel 
                Management shall establish a position series and 
                classification standard for the positions of 
                Transportation Security Officer, Federal air marshal, 
                Transportation Security Inspector, and other positions 
                requested by the Administrator; and
                    (B) the National Finance Center of the Department 
                of Agriculture shall make necessary changes to 
                Financial Management Services and Human Resources 
                Management Services to ensure payroll, leave, and other 
                personnel processing systems for covered employees are 
                consistent with chapter 53 of title 5, United States 
                Code, and provide functions as needed to implement this 
                Act.
    (d) Safeguards on Grievances and Appeals.--
            (1) In general.--Each covered employee with a grievance or 
        appeal pending within the Administration on the date of 
        enactment of this Act or initiated during the period described 
        in subsection (c)(2) may have that grievance or appeal removed 
        to proceedings pursuant to title 5, United States Code, or 
        continued within the Administration.
            (2) Authority.--With respect to any grievance or appeal 
        continued within the Administration under paragraph (1), the 
        Administrator may consider and finally adjudicate that 
        grievance or appeal notwithstanding any other provision of this 
        Act.
            (3) Preservation of rights.--Notwithstanding any other 
        provision of law, any appeal or grievance continued under this 
        subsection that is not finally adjudicated under paragraph (2) 
        shall be preserved and all timelines tolled until the rights 
        afforded by application of chapters 71 and 77 of title 5, 
        United States Code, are made available under subsection (c)(2).

SEC. 4. TRANSITION RULES.

    (a) Nonreduction in Pay and Compensation.--Under such pay 
conversion rules as the Secretary may prescribe to carry out this Act, 
a covered employee converted from a TSA personnel management system to 
the provisions of title 5, United States Code, under section 
3(c)(1)(F)--
            (1) may not be subject to any reduction in either the rate 
        of adjusted basic pay payable or law enforcement availability 
        pay payable to that covered employee; and
            (2) shall be credited for years of service in a specific 
        pay band under a TSA personnel management system as if the 
        covered employee had served in an equivalent General Schedule 
        position at the same grade, for purposes of determining the 
        appropriate step within a grade at which to establish the 
        converted rate of pay of the covered employee.
    (b) Retirement Pay.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall submit to the 
        appropriate congressional committees a proposal, including 
        proposed legislative changes if needed, for determining the 
        average rate of basic pay of any covered employee who retires 
        not later than 3 years after the conversion date for purposes 
        of calculating the retirement annuity of the covered employee.
            (2) Requirements.--The proposal required under paragraph 
        (1) shall be structured in a manner that--
                    (A) is consistent with title 5, United States Code; 
                and
                    (B) appropriately accounts for the service of a 
                covered employee to which the proposal applies, and the 
                annual rate of basic pay of such a covered employee, 
                following the conversion date.
    (c) Limitation on Premium Pay.--
            (1) In general.--Notwithstanding section 5547 of title 5, 
        United States Code, or any other provision of law, a Federal 
        air marshal or criminal investigator who is appointed to that 
        position before the date of enactment of this Act may be 
        eligible for premium pay up to the maximum level allowed by the 
        Administrator before the date of enactment of this Act.
            (2) OPM recognition.--The Director of the Office of 
        Personnel Management shall recognize premium pay paid pursuant 
        to paragraph (1) as fully creditable for the purposes of 
        calculating pay and retirement benefits.
    (d) Preservation of Law Enforcement Availability Pay and Overtime 
Pay Rates for Federal Air Marshals.--
            (1) LEAP.--Section 5545a of title 5, United States Code, is 
        amended--
                    (A) in subsection (a)(2), in the matter preceding 
                subparagraph (A), by striking ``subsection (k)'' and 
                inserting ``subsection (l)'';
                    (B) by redesignating subsection (k) as subsection 
                (l); and
                    (C) by inserting after subsection (j) the 
                following:
    ``(k) The provisions of subsections (a) through (h) providing for 
availability pay shall apply to any Federal air marshal who is an 
employee of the Transportation Security Administration.''.
            (2) Overtime.--Section 5542 of title 5, United States Code, 
        is amended by adding at the end the following:
    ``(i) Notwithstanding any other provision of law, a Federal air 
marshal who is an employee of the Transportation Security 
Administration shall receive overtime pay under this section, at such a 
rate and in such a manner so that such Federal air marshal does not 
receive less overtime pay than such Federal air marshal would receive 
were that Federal air marshal subject to the overtime pay provisions of 
section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207).''.
            (3) Effective date.--The amendments made by paragraphs (1) 
        and (2) shall apply beginning on the conversion date.
    (e) Collective Bargaining Unit.--Notwithstanding section 7112 of 
title 5, United States Code, following the application of chapter 71 of 
that title pursuant to section 3(c)(2) of this Act, screening agents 
shall remain eligible to form a collective bargaining unit.
    (f) Preservation of Other Rights.--The Secretary shall take any 
actions necessary to ensure that the following rights are preserved and 
available for each covered employee beginning on the conversion date, 
and for any covered employee appointed after the conversion date, and 
continue to remain available to covered employees after the conversion 
date:
            (1) Any annual leave, sick leave, or other paid leave 
        accrued, accumulated, or otherwise available to a covered 
        employee immediately before the conversion date shall remain 
        available to the covered employee until used, subject to any 
        limitation on accumulated leave under chapter 63 of title 5, 
        United States Code.
            (2) Part-time screening agents pay premiums under chapter 
        89 of title 5, United States Code, on the same basis as full-
        time covered employees.
            (3) Notwithstanding section 6329a of title 5, United States 
        Code, covered employees are provided appropriate leave during 
        national emergencies to assist the covered employees and ensure 
        the Administration meets mission requirements.
            (4) Eligible screening agents receive a split-shift 
        differential for regularly scheduled split-shift work as well 
        as regularly scheduled overtime and irregular and occasional 
        split-shift work.
            (5) Notwithstanding sections subsections (c), (e), and (f) 
        of section 5754 of title 5, United States Code, eligible 
        covered employees receive group retention incentives, as 
        appropriate.

SEC. 5. CONSULTATION REQUIREMENT.

    (a) Exclusive Representative.--
            (1) In general.--
                    (A) Application.--Beginning on the date that 
                chapter 71 of title 5, United States Code (referred to 
                in this subsection as ``chapter 71''), begins to apply 
                to covered employees under section 3(c)(2), the labor 
                organization certified by the Federal Labor Relations 
                Authority on June 29, 2011, or any successor labor 
                organization, shall be treated as the exclusive 
                representative of screening agents and shall be the 
                exclusive representative for screening agents under 
                chapter 71, with full rights under chapter 71.
                    (B) Rule of construction.--Nothing in this 
                subsection may be construed to prevent covered 
                employees from selecting an exclusive representative 
                other than the labor organization described in 
                paragraph (1) for purposes of collective bargaining 
                under chapter 71.
            (2) National level.--
                    (A) In general.--Notwithstanding any provision of 
                chapter 71, collective bargaining for any unit of 
                covered employees shall occur at the national level, 
                but may be supplemented by local level bargaining and 
                local level agreements in furtherance of elements of a 
                national agreement or on issues of any local unit of 
                covered employees not otherwise covered by a national 
                agreement.
                    (B) Mutual consent required.--Local-level 
                bargaining and local-level agreements described in 
                subparagraph (A) shall occur only by mutual consent of 
                the exclusive representative of screening agents and 
                the Federal Security Director (or a designee of such an 
                official) of those screening agents.
            (3) Current agreement.--Any collective bargaining agreement 
        covering such personnel in effect on the date of enactment of 
        this Act shall remain in effect until a collective bargaining 
        agreement is entered into under chapter 71, unless the 
        Administrator and exclusive representative mutually agree to 
        revisions to such an agreement.
    (b) Consultation Process.--
            (1) In general.--Not later than 7 days after the date of 
        enactment of this Act, the Secretary shall consult with the 
        exclusive representative for the screening agents described in 
        subsection (a)(1) under chapter 71 of title 5, United States 
        Code, on the formulation of plans and deadlines to carry out 
        the conversion, under this Act, of those screening agents.
            (2) Written plans.--Before the date on which chapter 71 of 
        title 5, United States Code, begins to apply under section 
        3(c)(2), the Secretary shall provide (in writing) to the 
        exclusive representative described in paragraph (1) the plans 
        for how the Secretary intends to carry out the conversion of 
        covered employees under this Act, including with respect to 
        such matters as--
                    (A) the anticipated conversion date; and
                    (B) measures to ensure compliance with sections 3 
                and 4.
    (c) Required Agency Response.--If any views or recommendations are 
presented under subsection (b) by the exclusive representative 
described in that subsection, the Secretary shall--
            (1) consider the views or recommendations before taking 
        final action on any matter with respect to which the views or 
        recommendations are presented; and
            (2) provide the exclusive representative a written 
        statement of the reasons for the final actions to be taken.

SEC. 6. NO RIGHT TO STRIKE.

     Nothing in this Act may be considered--
            (1) to repeal or otherwise affect--
                    (A) section 1918 of title 18, United States Code 
                (relating to disloyalty and asserting the right to 
                strike against the Government); or
                    (B) section 7311 of title 5, United States Code 
                (relating to loyalty and striking); or
            (2) to otherwise authorize any activity that is not 
        permitted under a provision of law described in subparagraph 
        (A) or (B) of paragraph (1).

SEC. 7. PROPOSAL ON HIRING AND CONTRACTING BACKGROUND CHECK 
              REQUIREMENTS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall submit to the appropriate congressional committees a 
plan to harmonize and update, for the purposes of making appointments 
and for authorizing or entering into any contract for service, the 
restrictions under section 70105(c) of title 46, United States Code, 
(relating to the issuance of transportation security cards) and section 
44936 of title 49, United States Code, (relating to employment 
investigations and restrictions).

SEC. 8. COMPTROLLER GENERAL REVIEWS.

    (a) Review of Recruitment.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to Congress a report on the efforts of the 
        Administration regarding recruitment, including recruitment 
        efforts relating to veterans, the dependents of veterans, 
        members of the Armed Forces, and the dependents of such 
        members.
            (2) Recruitment.--The report required under paragraph (1) 
        shall include recommendations regarding how the Administration 
        may improve the recruitment efforts described in that 
        paragraph.
    (b) Review of Implementation.--The Comptroller General of the 
United States shall--
            (1) not later than 60 days after the conversion date, 
        commence a review of the implementation of this Act; and
            (2) not later than 1 year after the conversion date, submit 
        to Congress a report on the review conducted under paragraph 
        (1).
    (c) Review of Promotion Policies and Leadership Diversity.--Not 
later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report--
            (1) on the efforts of the Administration to ensure that 
        recruitment, appointment, promotion, and advancement 
        opportunities within the Administration are equitable and 
        provide for demographics among senior leadership that are 
        reflective of the workforce demographics of the United States; 
        and
            (2) that, to the extent possible, includes--
                    (A) an overview and analysis of the current (as of 
                the date on which the report is submitted) demographics 
                of the leadership of the Administration; and
                    (B) as appropriate, recommendations to improve 
                appointment and promotion procedures and diversity in 
                leadership roles, which may include recommendations for 
                how the Administration can better promote from within 
                the Administration and retain and advance covered 
                employees.
    (d) Review of Harassment and Assault Policies and Protections.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to Congress a report on the efforts of the 
        Administration to ensure the safety of the staff of the 
        Administration with respect to harassment and assault in the 
        workplace, such as incidents--
                    (A) of sexual harassment and violence and 
                harassment and violence motivated by the perceived 
                race, ethnicity, religion, gender identity, or 
                sexuality of an individual; and
                    (B) in which the alleged perpetrator is a member of 
                the general public.
            (2) Inclusions.--The report required under paragraph (1) 
        shall include--
                    (A) an overview and analysis of the current (as of 
                the date on which the report is submitted) policies and 
                response procedures of the Administration;
                    (B) a detailed description of if, when, and how the 
                policies described in subparagraph (A) fail to 
                adequately protect covered employees; and
                    (C) as appropriate, recommendations for steps the 
                Administration can take to better protect covered 
                employees from harassment and violence in the 
                workplace.
            (3) Opportunity for comment.--In conducting the review 
        required under this subsection, the Comptroller General of the 
        United States shall provide opportunities for covered employees 
        of all levels and positions, and labor organizations and 
        associations representing those covered employees, to submit 
        comments, including in an anonymous form, and take those 
        comments into account in the final recommendations of the 
        Comptroller General.

SEC. 9. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) TSA personnel management systems provide insufficient 
        benefits and workplace protections to the workforce that 
        secures the transportation systems of the United States;
            (2) covered employees should be provided protections and 
        benefits under title 5, United States Code; and
            (3) the provision of the protections and benefits described 
        in paragraph (2) should not result in a reduction of pay or 
        benefits to current covered employees.

SEC. 10. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.

    The Administrator shall communicate with organizations representing 
a significant number of Federal air marshals, to the extent provided by 
law, to address concerns regarding Federal Air Marshals related to the 
following:
            (1) Mental health.
            (2) Suicide rates.
            (3) Morale and recruitment.
            (4) Equipment and training.
            (5) Work schedules and shifts, including mandated periods 
        of rest.
            (6) Any other personnel issues the Administrator determines 
        appropriate.

SEC. 11. STUDY ON FEASIBILITY OF COMMUTING BENEFITS.

    (a) In General.--Not later than 270 days after the date of 
enactment of this Act, the Administrator shall submit to the 
appropriate congressional committees a feasibility study on allowing 
covered employees carrying out screening functions under section 44901 
of title 49, United States Code, to treat as hours of employment time 
spent by those covered employees regularly traveling between parking 
lots and bus and transit stops of airports and screening checkpoints 
before and after the regular work day.
    (b) Considerations.--In conducting the study required under 
subsection (a), the Administrator shall consider--
            (1) the amount of time needed to travel to and from parking 
        lots and bus and transit stops of airports at small hub 
        airports, medium hub airports, and large hub airports, as those 
        terms are defined in section 40102 of title 49, United States 
        Code;
            (2) the feasibility of using mobile phones and location 
        data to allow covered employees to report their arrival to and 
        departure from parking lots and bus and transit stops of 
        airports; and
            (3) the estimated costs of treating the amount of time 
        described in paragraph (1) as hours of employment time spent.

SEC. 12. BRIEFING ON ASSAULTS AND THREATS ON TSA EMPLOYEES.

    Not later than 90 days after the date of enactment of this Act, the 
Administrator shall brief the appropriate congressional committees 
regarding the following:
            (1) Reports to the Administrator of instances of physical 
        or verbal assaults or threats made by members of the general 
        public against screening agents since January 1, 2019.
            (2) Procedures for reporting the assaults and threats 
        described in paragraph (1), including information on how the 
        Administrator communicates the availability of those 
        procedures.
            (3) Any steps taken by the Administration to prevent and 
        respond to the assaults and threats described in paragraph (1).
            (4) Any related civil actions and criminal referrals made 
        annually since January 1, 2019.
            (5) Any additional authorities needed by the Administrator 
        to better prevent or respond to the assaults and threats 
        described in paragraph (1).

SEC. 13. ANNUAL REPORTS ON TSA WORKFORCE.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Administrator shall submit to the appropriate 
congressional committees a report that contains the following:
            (1) An analysis of the Federal Employee Viewpoint Survey of 
        the Office of Personnel Management to determine job 
        satisfaction rates of covered employees.
            (2) Information relating to retention rates of covered 
        employees at each airport, including transfers, in addition to 
        aggregate retention rates of covered employees across the 
        workforce of the Administration.
            (3) Information relating to actions taken by the 
        Administration intended to improve workforce morale and 
        retention.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary, to remain available until expended, to carry out this Act 
and the amendments made by this Act.
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