[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5808-S5811]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6290. Mr. CASSIDY submitted an amendment intended to be proposed 
by him to the bill S. 4802, to authorize appropriations for the Coast 
Guard, and for other purposes; which was referred to the Committee on 
Commerce, Science, and Transportation; as follows:
       In title III, strike subtitle E and insert the following:

        Subtitle E--Illegal, Unreported, and Unregulated Fishing

     SEC. 361. DEFINITIONS.

       In this subtitle:
       (1) Fish.--The term ``fish'' means all forms of marine 
     animal and plant life other than marine mammals and birds, 
     including finfish, mollusks, and crustaceans.
       (2) Illegal, unreported, or unregulated fishing.--The term 
     ``illegal, unreported, or unregulated fishing'' has the 
     meaning given that term in subpart N of part 300 of title 50, 
     Code of Federal Regulations (or any successor regulation).
       (3) Seafood.--The term ``seafood'' means all marine animal 
     and plant life meant for consumption as food other than 
     marine mammals and birds, including fish, shellfish products, 
     and processed fish.
       (4) Seafood fraud.--The term ``seafood fraud'' means the 
     mislabeling or misrepresentation of the information required 
     under this subtitle, any other Federal law (including 
     regulations), or any international agreement pertaining to 
     the import, export, transport, sale, harvest, processing, or 
     trade of seafood, including--
       (A) the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.);
       (B) the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et 
     seq.);
       (C) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
     et seq.);
       (D) the FDA Food Safety Modernization Act (Public Law 111-
     353);
       (E) the Fair Packaging and Labeling Act (15 U.S.C. 1451 et 
     seq.);
       (F) subtitle D of the Agricultural Marketing Act of 1946 (7 
     U.S.C. 1638 et seq.);
       (G) parts 60 and 65 of title 7, Code of Federal Regulations 
     (or any successor regulations);
       (H) part 123 of title 21, Code of Federal Regulations (or 
     any successor regulations); and
       (I) section 216.24 of title 50, Code of Federal Regulations 
     (or any successor regulation).
       (5) Seafood import monitoring program.--The term ``Seafood 
     Import Monitoring Program'' means the Seafood Traceability 
     Program established in subpart Q of part 300 of title 50, 
     Code of Federal Regulations (or any successor regulation).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce, acting through the Administrator of the National 
     Oceanic and Atmospheric Administration or a designee of 
     either the Secretary or the Administrator.
       (7) Unique vessel identifier.--The term ``unique vessel 
     identifier'' means a unique number that stays with a vessel 
     for the duration of the vessel's life, regardless of changes 
     in flag, ownership, name, or other changes to the vessel.

                  CHAPTER 1--SEAFOOD IMPORT MONITORING

     SEC. 362. ASSESSMENT OF SPECIES FOR INCLUSION IN SEAFOOD 
                   IMPORT MONITORING PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall conduct an 
     evidence-based risk assessment to determine whether any 
     species of fish should be added to the Seafood Import 
     Monitoring Program--
       (1) to reduce human trafficking in the international 
     seafood supply chain;
       (2) to reduce economic harm to the United States fishing 
     industry;
       (3) to preserve stocks of at-risk species around the world; 
     and
       (4) to protect United States consumers from seafood fraud.
       (b) Elements.--
       (1) In general.--In addition to the matters described in 
     paragraphs (1) through (4) of subsection (a), the risk 
     assessment required by that subsection shall be based on the 
     following elements relating to species of fish:
       (A) Enforcement capability.
       (B) Incidence of species misrepresentation or mislabeling.
       (C) The existence of a catch documentation scheme.
       (D) History of fishing violations.
       (E) Complexity of chain of custody and processing.
       (F) Human health risks.
       (2) Consideration of elements.--The Secretary--
       (A) shall consider all of the elements described in 
     paragraph (1) when evaluating risk with respect to adding any 
     species to the Seafood Import Monitoring Program;
       (B) shall consider the interaction between those elements; 
     and
       (C) may not make a determination based solely on the 
     presence or absence of one element.

     SEC. 363. NOTIFICATION TO CONGRESS REGARDING REMOVAL OF 
                   SPECIES OF FISH FROM SEAFOOD IMPORT MONITORING 
                   PROGRAM.

       The Secretary shall notify Congress regarding the removal 
     of any species of fish from the Seafood Import Monitoring 
     Program.

     SEC. 364. IMPROVEMENT OF AUTOMATED COMMERCIAL ENVIRONMENT.

       (a) Strategy Required.--Not later than 540 days after the 
     date of the enactment of this Act, the Secretary, in 
     coordination with the Secretary of Homeland Security acting 
     through the Commissioner of U.S. Customs and Border 
     Protection, shall develop and implement a strategy to improve 
     the quality and verifiability of the following data elements 
     in the Automated Commercial Environment system:
       (1) Authorization to fish.
       (2) Unique vessel identifier, if available.
       (3) Location of wild-capture harvest and landing or 
     aquaculture location.
       (4) Type of fishing gear used to harvest the fish.
       (b) Prioritization.--The strategy developed and implemented 
     under paragraph (1) shall, to the extent feasible, prioritize 
     the use of enumerated data types, such as checkboxes, 
     dropdown menus, or radio buttons, rather than open text 
     fields, and any additional elements the Secretary finds 
     necessary.

     SEC. 365. ADDITIONAL DATA REQUIREMENTS FOR SEAFOOD IMPORT 
                   MONITORING PROGRAM DATA COLLECTION.

       (a) In General.--Not later than 1 year after date of the 
     enactment of this Act, the Secretary shall revise subpart Q 
     of part 300 of title 50, Code of Federal Regulations (or a 
     successor regulation)--
       (1) to require an importer of record to provide at the time 
     of entry, for each entry subject to the Seafood Import 
     Monitoring Program--
       (A) the location of catch or cultivation, including--
       (i) the country code of the International Organization for 
     Standardization if the catch

[[Page S5809]]

     occurs within the exclusive economic zone of a country; and
       (ii) if appropriate, an identification of any regional 
     fisheries management organization having jurisdiction over 
     the catch, if the catch occurs within the jurisdiction of any 
     such organization; and
       (B) paper records or electronic reports to establish 
     verifiable and complete chain-of-custody records that track--
       (i) the seafood or seafood product from its initial harvest 
     or production to import, including with unique vessel 
     identifiers as applicable;
       (ii) each custodian of the seafood or seafood product, 
     including each aquaculture facility, transshipper, processor, 
     storage facility, and distributor; and
       (iii) the physical address of each such custodian;
       (C) if available, the maritime mobile service identity 
     number of each harvesting and transshipment vessel; and
       (D) the owners of each harvesting and transshipment vessel 
     or aquaculture facility, as applicable; and
       (2) to require an importer to submit data under the Seafood 
     Import Monitoring Program--
       (A) not fewer than 168 hours, and not more than 15 days, 
     before the time of any arrival; and
       (B) in accordance with requirements of U.S. Customs and 
     Border Protection for submission and corrections to entry 
     filings into the Automated Commercial Environment.
       (b) Data Elements.--The Secretary shall coordinate with 
     relevant agencies to ensure that the data elements described 
     in subsection (a) can be--
       (1) submitted through the International Trade Data System 
     Automated Commercial Environment to U.S. Customs and Border 
     Protection; or
       (2) noted as absent in the Automated Commercial Environment 
     if an element is unavailable at the time of entry.
       (c) Electronic Integration.--The Secretary shall integrate 
     data elements under subsection (a) and, as appropriate, risk 
     factors and trends described in section 366 into the seafood 
     traceability programs of the National Oceanic and Atmospheric 
     Administration to--
       (1) enhance long-term system supportability;
       (2) reduce duplication of infrastructure and contractor 
     support for software development; and
       (3) create greater program effectiveness by establishing 
     risk factors used for selecting targeted shipments to audit.
       (d) International Fisheries Trade Permits.--The Secretary 
     shall--
       (1) not later than 2 years after the date of the enactment 
     of this Act, publish and commence maintaining on the website 
     of the National Marine Fisheries Service a list of all 
     International Fisheries Trade Permit holders, including the 
     name of each permit holder and expiration date of each 
     permit;
       (2) not less than 60 days before publishing the name of a 
     permit holder under paragraph (1), notify the permit holder 
     of the intended publication; and
       (3) require an International Fisheries Trade Permit for any 
     person who imports into the United States, or exports or re-
     exports from the United States, seafood or seafood products.

     SEC. 366. STRATEGIC PLAN TO IMPROVE DETECTION OF AT-RISK 
                   SEAFOOD IMPORTS.

       Not later than 1 year after the date of the enactment of 
     this Act, the Secretary, in consultation with the Secretary 
     of Homeland Security, the Secretary of Labor, and the 
     Secretary of State, shall--
       (1) finalize a detailed strategic plan to develop and use 
     artificial intelligence and machine learning technologies and 
     predictive analytics to identify risk factors and trends in 
     shipment data to detect imports of seafood and seafood 
     products at risk of being associated with illegal, 
     unreported, or unregulated fishing, human trafficking, forced 
     labor, or seafood fraud; and
       (2) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Natural 
     Resources of the House of Representatives a detailed report 
     on such plan.

     SEC. 367 AUDIT PROCEDURES.

       (a) Audit Procedures.--Not later than 2 years after the 
     date of the enactment of this Act, the Secretary shall 
     implement procedures for auditing information and supporting 
     records of sufficient numbers of imports of seafood and 
     seafood products subject to the Seafood Import Monitoring 
     Program to support statistically robust conclusions that the 
     samples audited are representative of all seafood imports 
     subject to the Seafood Import Monitoring Program with respect 
     to a given year.
       (b) Annual Revision.--Not less frequently than once each 
     year, the Secretary shall review, and revise as appropriate, 
     procedures implemented under subsection (a) in order to 
     prioritize for audit imports of seafood and seafood products 
     originating from the following:
       (1) Nations identified to have a higher risk of being 
     associated with illegal, unreported, or unregulated fishing, 
     including those sources and products associated with nations 
     that have been issued a negative certification under section 
     609 of the High Seas Driftnet Fishing Moratorium Protection 
     Act (16 U.S.C. 1826j).
       (2) Nations identified as being the flag states or landing 
     locations of vessels that have been identified by another 
     country or regional fisheries management organization as 
     engaging, or as having been engaged in, illegal, unreported, 
     or unregulated fishing.
       (3) Nations identified as producing seafood products using 
     forced labor or oppressive child labor in the most recent 
     List of Goods Produced by Child Labor or Forced Labor issued 
     by the Secretary of Labor in accordance with section 
     105(b)(2)(C) of the Trafficking Victims Protection 
     Reauthorization Act (22 U.S.C. 7112 (b)(2)(C)).

     SEC. 368. REPORT ON SEAFOOD IMPORT MONITORING.

       (a) Report to Congress.--Not later than 120 days after the 
     end of each fiscal year, the Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives a report that summarizes the efforts of the 
     National Marine Fisheries Service to prevent the importation 
     of seafood harvested, produced, processed, or manufactured 
     through illegal, unreported, or unregulated fishing or 
     seafood fraud.
       (b) Public Availability.--The Secretary shall make each 
     report submitted under subsection (a) publicly available on 
     the internet website of the National Oceanic and Atmospheric 
     Administration.
       (c) Contents.--Each report submitted under subsection (a) 
     shall include the following information:
       (1) The volume and value of seafood species subject to the 
     Seafood Import Monitoring Program imported during the 
     previous fiscal year, reported by 10-digit statistical 
     reporting number of the Harmonized Tariff Schedule of the 
     United States.
       (2) A description of the enforcement activities and 
     priorities of the National Marine Fisheries Service with 
     respect to implementing the requirements under the Seafood 
     Import Monitoring Program.
       (3) The percentage of import shipments subject to the 
     Seafood Import Monitoring Program selected for inspection, or 
     the information or records supporting entry selected for 
     audit, during the previous fiscal year, as described in 
     subpart Q of part 300 of title 50, Code of Federal 
     Regulations (or successor regulation).
       (4) The number and types of instances of noncompliance with 
     the requirements of the Seafood Import Monitoring Program 
     during the previous fiscal year.
       (5) The number and types of instances of violations of 
     Federal law discovered through the Seafood Import Monitoring 
     Program during the previous fiscal year.
       (6) The seafood species with respect to which instances of 
     noncompliance described in paragraph (4) and violations 
     described in paragraph (5) were most prevalent.
       (7) The location of catch or harvest with respect to which 
     instances of noncompliance described in paragraph (4) and 
     violations in paragraph (5) were most prevalent.
       (8) The resources dedicated to the Seafood Import 
     Monitoring Program during the previous fiscal year, including 
     the number of full-time employees.
       (9) Such other information as the Secretary considers 
     appropriate with respect to monitoring and enforcing 
     compliance with the Seafood Import Monitoring Program.

     SEC. 369. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Commissioner 
     of U.S. Customs and Border Protection $20,000,000 for each of 
     fiscal years 2023 through 2027 to carry out enforcement 
     actions under section 307 of the Tariff Act of 1930 (19 
     U.S.C. 1307).

     SEC. 370. REGULATIONS.

       The Secretary may promulgate such regulations as are 
     necessary to carry out this chapter.

              CHAPTER 2--SEAFOOD TRACEABILITY AND LABELING

     SEC. 371. FEDERAL ACTIVITIES ON SEAFOOD SAFETY AND SEAFOOD 
                   FRAUD.

       The Secretary and the Secretary of Health and Human 
     Services, in coordination with the Secretary of Homeland 
     Security, shall jointly, to the maximum extent practicable, 
     ensure that inspections and tests for seafood safety also 
     collect information for the prevention of seafood fraud.

     SEC. 372. SEAFOOD LABELING AND IDENTIFICATION.

       (a) In General.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with other relevant agencies, shall implement the following 
     requirements with respect to seafood and seafood products 
     subject to the Seafood Import Monitoring Program or imported 
     into the United States:
       (1) Traceability.--A requirement that the following 
     information shall accompany seafood through processing and 
     importation:
       (A) The Regional Fishery Management Organization Convention 
     Area, a country's exclusive economic zone or territorial 
     waters, or a more specific location, in which the seafood was 
     caught or cultivated.
       (B) The specific Aquatic Sciences and Fisheries Information 
     System number of the Fisheries and Aquaculture Statistics 
     Information Service of the United Nations Food and 
     Agriculture Organization.
       (C) Whether the seafood was harvested wild or was farm-
     raised, and, if the seafood was farm-raised, information 
     regarding the country of cultivation, the location of the 
     aquaculture production area, and the method of cultivation.
       (D) The method of harvest of the seafood.
       (E) The date of the catch or harvest.

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       (F) The weight or number, as appropriate, of product for an 
     individual fish or lot.
       (G) Date and name of entity (processor, dealer, vessel) to 
     which the seafood was landed.
       (H) Name and flag state of vessel and evidence of 
     authorization, and if applicable, a unique vessel identifier.
       (I) Name and location of the facility from which farm-
     raised seafood were harvested, the method of cultivation, 
     source and type of feed, and evidence of authorization.
       (J) The International Fisheries Trade Permit used for 
     import entry, if applicable.
       (2) Labeling.--The following information shall be included 
     in the labeling of imported seafood and seafood products 
     through processing and importation:
       (A) The information required in subparagraphs (A), (B), 
     (C), and (D) of paragraph (1).
       (B) Whether the seafood has been previously frozen or 
     treated with any substance other than ice or water.
       (b) Production Codes.--The Secretary shall allow compliance 
     with subsection (a) through the use electronic bar coding 
     methods.
       (c) Safe Harbor.--No processor, distributor, or retailer 
     may be found to be in violation of the requirements of this 
     subtitle or the regulations implementing this subtitle for 
     selling in the United States a product that was imported into 
     the United States and was mislabeled upon receipt by the 
     processor, distributor, or retailer, unless the processor, 
     distributor, or retailer knew or should have known about the 
     mislabeling.

     SEC. 373. FEDERAL ENFORCEMENT.

       (a) Enforcement by Secretary.--The Secretary shall enforce 
     the provisions of this subtitle in the same manner, by the 
     same means, and with the same jurisdiction, powers, and 
     duties as though sections 308 through 311 of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1858 through 1861) were incorporated into and made a part of 
     and applicable to this subtitle.
       (b) List of Offenders.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary, in 
     consultation with the Secretary of Health and Human Services, 
     shall begin including on the public website of the Department 
     of Commerce a list relating to enforcement actions that--
       (1) includes, by country, each exporter whose seafood 
     subject to the Seafood Import Monitoring Program is imported 
     or offered for import into the United States; and
       (2) for each such exporter, tracks the timing, type, and 
     frequency of violations of Federal law relating to seafood 
     fraud and illegal, unreported, or unregulated fishing.
       (c) Inspections.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, shall--
       (1) increase, as resources allow, inspections by auditors 
     and authorized officers of the National Oceanic and 
     Atmospheric Administration of documentation from foreign and 
     domestic seafood shipments related to the conditions of 
     harvest, and subsequent verification of that documentation 
     with foreign entities and other partners, to determine 
     whether seafood fraud and illegal, unreported, or unregulated 
     fishing have occurred and to verify compliance with the 
     requirements under section 365(a);
       (2) conduct audits and inspections, as resources allow, at 
     a sufficient level to promote compliance and deterrence; and
       (3) to the maximum extent practicable, ensure that 
     inspections and tests for seafood fraud prevention also 
     collect information to support the Secretary of Health and 
     Human Services in implementing the seafood safety 
     requirements of the FDA Food Safety Modernization Act (Public 
     Law 111-353).
       (d) Interagency Agreement.--
       (1) Memorandum of understanding required.--Not later than 1 
     year after the date of the enactment of this Act, the 
     Secretary, the Secretary of Homeland Security, the Secretary 
     of Labor, and the Secretary of Health and Human Services 
     shall jointly execute a memorandum of understanding to codify 
     and improve interagency cooperation on--
       (A) seafood safety;
       (B) preventing illegal, unreported, or unregulated fishing; 
     and
       (C) seafood fraud prevention, enforcement, and inspections.
       (2) Requirements.--The memorandum of understanding required 
     by paragraph (1) shall include provisions, performance 
     metrics, and timelines as the Secretaries consider 
     appropriate to improve the cooperation described in that 
     paragraph (acting under provisions of law other than this 
     subsection)--
       (A) to identify and execute specific procedures for using 
     authorities granted under the FDA Food Safety Modernization 
     Act (Public Law 111-353) to ensure and improve the safety of 
     commercially marketed seafood in the United States;
       (B) to identify and execute specific procedures for 
     interagency cooperation on--
       (i) interagency resource and information sharing;
       (ii) use and development of necessary tools including 
     forensic, if feasible, and other means to fill existing gaps 
     in capabilities and eliminate duplication; and
       (iii) if feasible, development of specific forensic 
     analysis information required by each agency to promote 
     effective enforcement actions;
       (C) to maximize the effectiveness of limited personnel and 
     resources by ensuring that--
       (i) inspections of seafood shipments and seafood processing 
     and production facilities by the National Oceanic and 
     Atmospheric Administration and the Food and Drug 
     Administration are not duplicative; and
       (ii) information resulting from examinations, testing, and 
     inspections conducted by the Department of Commerce with 
     respect to seafood is considered in making risk-based 
     determinations, including the establishment of inspection 
     priorities for domestic and foreign facilities and the 
     examination and testing of domestic and imported seafood;
       (D) to create a process--
       (i) by which data collected by all seafood inspectors and 
     officers of the National Oceanic and Atmospheric 
     Administration and U.S. Customs and Border Protection 
     authorized to conduct inspections of seafood shipments or 
     facilities that process or sell seafood, or authorized 
     officers that conduct analysis of seafood import information, 
     will be used for risk-based screening of seafood shipments, 
     including with respect to food safety, adulteration, and 
     misbranding, by the Food and Drug Administration beginning 
     not later than 1 year after the date of the enactment of this 
     Act;
       (ii) by which data collected by the National Oceanic and 
     Atmospheric Administration, U.S. Customs and Border 
     Protection, the Department of Labor, the Department of State, 
     and the Food and Drug Administration is shared to maximize 
     efficiency and enforcement of seafood safety, fraud 
     prevention, and prohibitions on illegal, unreported, or 
     unregulated fishing; and
       (iii) for taking all steps necessary to restore access by 
     partner government agencies to the Automated Targeting 
     System, including amending system of record notices and 
     privacy impact assessments; and
       (E) to ensure that officers and employees of the National 
     Oceanic and Atmospheric Administration are used by the 
     Secretary of Health and Human Services as third-party 
     auditors pursuant to section 808 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 384d) to carry out seafood 
     examinations and investigations under chapter VIII of such 
     Act.
       (e) Trade Monitoring Information.--
       (1) Disclosure of information to federal agencies.--The 
     Secretary may disclose to a Federal agency information 
     required and collected under trade monitoring programs for 
     marine resources if the Federal agency--
       (A) does not have direct access to such information; and
       (B) is responsible for carrying out duties under or with 
     respect to--
       (i) trade monitoring programs for marine resources;
       (ii) the Maritime Security and Fisheries Enforcement Act 
     (16 U.S.C. 8001 et seq.);
       (iii) Federal laws (including regulations) or international 
     agreements on seafood fraud;
       (iv) section 307 of the Tariff Act of 1930 (19 U.S.C. 
     1307); or
       (v) the Trafficking Victims Protection Act of 2000 (22 
     U.S.C. 7101 et seq.).
       (2) Confidentiality.--
       (A) In general.--The Secretary may disclose information to 
     Federal agencies as described in paragraph (1) 
     notwithstanding--
       (i) section 402(b) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1881a(b)); or
       (ii) any confidentiality of information requirement under 
     any statute authorizing a trade monitoring program for marine 
     resources.
       (B) Required disclosures.--This paragraph does not modify 
     any requirement regarding disclosure of information to 
     individual or entities, including the public, under--
       (i) section 1905 of title 18, United States Code (commonly 
     referred to as the ``Trade Secrets Act'');
       (ii) section 402(b) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1881a(b)); or
       (iii) other applicable law.
       (3) Definition of trade monitoring programs for marine 
     resources.--In this subsection, the term ``trade monitoring 
     programs for marine resources'' includes--
       (A) the Seafood Import Monitoring Program;
       (B) the Antarctic Marine Living Resources Program of the 
     National Oceanic and Atmospheric Administration;
       (C) the Tuna Tracking and Verification Program of the 
     National Oceanic and Atmospheric Administration;
       (D) the Atlantic Highly Migratory Species International 
     Trade Program of the National Oceanic and Atmospheric 
     Administration;
       (E) any successor of any program described in subparagraph 
     (A), (B), (C), or (D); and
       (F) any new program for monitoring trade in marine 
     resources.

     SEC. 374. REGULATIONS.

       The Secretary may prescribe such regulations as are 
     necessary to carry out this chapter.

     SEC. 375. EFFECT ON STATE LAW.

       Nothing in this chapter shall preempt the authority of a 
     State to establish and enforce anti-trafficking laws or 
     requirements for improving seafood safety and preventing 
     seafood fraud that are consistent with the requirements of 
     this chapter.

     SEC. 376. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the National 
     Oceanic and Atmospheric Administration to carry out this 
     chapter $14,200,000 for each of fiscal years 2023 through 
     2027.

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