[House Report 116-393]
[From the U.S. Government Publishing Office]
116th Congress } { Rept. 116-393
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (HBCUS) HOMELAND SECURITY
PARTNERSHIPS ACT
_______
February 6, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 1494]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1494) to strengthen partnerships between
historically Black colleges and universities and minority-
serving institutions and the Department of Homeland Security,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 7
Committee Oversight Findings..................................... 8
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 8
Federal Mandates Statement....................................... 8
Duplicative Federal Programs..................................... 8
Statement of General Performance Goals and Objectives............ 8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits.......................................................
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation................... 9
Committee Correspondence......................................... 11
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Historically Black Colleges and
Universities (HBCUs) Homeland Security Partnerships Act''.
SEC. 2. DEPARTMENT-WIDE STRATEGY FOR ENHANCED PARTNERSHIPS WITH
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND
MINORITY-SERVING INSTITUTIONS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary, acting through the Under Secretary for Strategy, Policy,
and Plans of the Department, shall--
(1) issue a Department-wide strategy to enhance partnerships
with historically Black colleges and universities and minority-
serving institutions that includes yearly goals, including
goals related to improving recruitment and hiring, research and
development, and acquisition opportunities at such
institutions, through fiscal year 2025; and
(2) require the head of each component of the Department to--
(A) not later than 150 days after the date of the
issuance under paragraph (1) of the Department-wide
strategy, develop a component-specific action plan to
implement such strategy;
(B) monitor progress on such implementation; and
(C) not later than one year after the date of such
issuance, report to the Secretary regarding progress on
such implementation.
SEC. 3. ENHANCEMENT OF RESEARCH AND DEVELOPMENT PARTNERSHIPS.
The Secretary shall seek to enhance partnerships with historically
Black colleges and universities and minority-serving institutions with
respect to administering the research and development activities of the
Department by, among other things--
(1) encouraging the participation of such colleges,
universities, and institutions in the research, development,
testing, and evaluation programs and activities of the
Department;
(2) facilitating partnerships between such colleges,
universities, and institutions and private sector stakeholders,
national laboratories, and other academic institutions in areas
important to homeland security, including cybersecurity,
emergency management, and counterterrorism; and
(3) distributing funds through Science and Technology
Directorate grants, cooperative agreements, and contracts to
such colleges, universities, and institutions for enhancements
in areas important to homeland security, including
cybersecurity, emergency management, and counterterrorism.
SEC. 4. CAREER OPPORTUNITIES PARTNERSHIPS.
Not later than 120 days after the date of the enactment of this Act,
the Secretary, acting through the Chief Human Capitol Officer of the
Department, shall make available to historically Black colleges and
universities and minority-serving institutions a current list of
internship, fellowship, scholarship, and recruitment opportunities
within the Department for students and recent graduates of such
colleges, universities, and institutions.
SEC. 5. OPPORTUNITIES FOR 8(A) PROGRAM PARTNERSHIPS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Small Business
Administration shall publish eligibility criteria on how historically
Black colleges and universities and minority-serving institutions may
qualify to participate in Federal acquisitions authorized pursuant to
section 8(a) of the Small Business Act (15 U.S.C. 637(a); Public Law
85-536).
(b) Department Actions.--Upon publication of eligibility criteria in
accordance with subsection (a), the Secretary shall disseminate
information to historically Black colleges and universities and
minority-serving institutions regarding--
(1) how to establish such eligibility; and
(2) current and future opportunities to participate in
Federal acquisitions authorized pursuant to section 8(a) of the
Small Business Act.
SEC. 6. ANNUAL REPORT.
(a) Annual Report.--Not later than December 31, 2020, and annually
thereafter through 2026, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report on
the efforts of the Department to partner with historically Black
colleges and universities and minority-serving institutions to carry
out this Act.
(b) Reporting Requirements.--The annual reports required under
subsection (a) shall include the following:
(1) A list of awards, including the corresponding monetary
value for each such award, to historically Black colleges and
universities and minority-serving institutions, disaggregated
by grant, contract, cooperative agreement, and other research
development test and evaluation activity, initiative, and
program.
(2) A description of how the Department is partnering with
historically Black colleges and universities and minority-
serving institutions under the programs referred to in sections
3 and 5, and how such programs have helped such colleges,
universities, and institutions participate in acquisitions with
the Department.
(3) A summary of outreach efforts to historically Black
colleges and universities and minority-serving institutions,
and an identification of any Department programs and
initiatives in which such colleges, universities, and
institutions are under-represented among institutions of higher
education.
(4) A description of the status of efforts made by the
Department pursuant to sections 2 and 4, including--
(A) for section 2, Department-wide goals pursuant to
the Department-wide strategy to enhance partnerships
with historically Black colleges and universities and
minority-serving institutions under such section, and
the status of efforts to implement action plans
throughout the Department to carry out such strategy;
and
(B) for section 4, participation rates in each
internship, fellowship, scholarship, and recruitment
opportunity referred to in such section, listed by
historically Black college and university and minority-
serving institution so participating.
(5) A list of memoranda of understanding entered into by the
Department with historically Black colleges and universities
and minority-serving institutions and information on the
parties and scope of each such memorandum of understanding.
SEC. 7. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the Department
of Homeland Security.
(2) Historically black colleges and universities.--The term
``historically Black colleges and universities'' means a part B
institution described in section 322(2) of the Higher Education
Act of 1965 (20 U.S.C. 1061(2)).
(3) Institution of higher education.--The term ``institution
of higher education'' has the meaning given such term in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
(4) Minority-serving institutions.--The term ``minority-
serving institutions'' means an institution of higher education
described in section 371(a) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)).
(5) Secretary.--The term ``Secretary'' means Secretary of
Homeland Security.
PURPOSE AND SUMMARY
H.R. 1494, the ``Historically Black Colleges and
Universities (HBCUs) Homeland Security Partnerships Act'' would
require the Department of Homeland Security (the Department or
DHS) to issue a strategy with yearly goals for enhancing its
partnerships with HBCUs and minority-serving institutions
(MSIs). The bill also requires DHS to monitor and report on the
implementation of the strategy to ensure the Department's
progress in providing contracting, research and development,
and internship and career opportunities to HBCUs and MSIs and
their students or recent graduates. Additionally, H.R. 1494
requires the Administrator of the Small Business Administration
to publish eligibility criteria on how HBCUs and MSIs may
qualify to participate in Federal acquisitions under the 8(a)
small business program. The ``HBCUs Homeland Security
Partnerships Act'' has bipartisan support as it was introduced
by Chairman Bennie G. Thompson (D-MS-02) and Rep. Blaine
Luetkemeyer (R-MO-03).
BACKGROUND AND NEED FOR LEGISLATION
In recognition of the contribution that HBCUs have made to
the prosperity and general welfare of this country, President
Carter established a Federal program to strengthen and expand
the capacity of HBCUs in 1980.\1\ The next year, President
Reagan signed Executive Order 12320, which established the
White House Initiative on HBCUs, an initiative to expand on the
program established under the Carter Administration to ``set
into motion a government wide effort to strengthen our nation's
HBCUs.''\2\ Succeeding presidents have signed executive orders
to renew the initiative. In February 2017, President Trump
issued Executive Order 13779 to provide equitable opportunities
for HBCUs to participate in Federal programs.\3\
---------------------------------------------------------------------------
\1\``White House Initiative on Historically Black Colleges and
Universities,'' Department of Education, https://sites.ed.gov/whhbcu/
about-us/.
\2\Id.
\3\Executive Order 13779, Presidential Executive Order on The White
House Initiative to Promote Excellence and Innovation at Historically
Black Colleges and Universities (February 28, 2017), https://
www.whitehouse.gov/presidential-actions/presidential-executive-order-
white-house-initiative-promote-excellence-innovation-historically-
black-colleges-universities/.
---------------------------------------------------------------------------
In accordance with Executive Order 13779, DHS submitted a
plan to the Department of Education that detailed its efforts
to strengthen the capacity of HBCUs to participate in DHS
programs and initiatives.\4\ In it, the Department indicated
that its existing programs, which were geared towards engaging
with HBCUs and increasing the pipeline of talent, are being
underutilized.\5\ Specifically, the U.S. Coast Guard's College
Student Pre-Commissioning Initiative experienced a 63.82
percent decrease in applications from HBCU students in fiscal
year 2018.\6\ This is particularly concerning given the U.S.
Coast Guard Academy's historic diversity challenges, where only
two percent of the 2017 graduating class identified as Black or
African American.\7\
---------------------------------------------------------------------------
\4\Department of Homeland Security, Annual Plan on Executive Agency
Actions to Strengthen the Capacity of Historically Black Colleges and
Universities (HBCUs) to compete for Federal and Private Sector
Opportunities for Fiscal Year (FY) 2018 (May 29, 2018).
\5\Id.
\6\Id.
\7\Chris Soto, U.S. Coast Guard Academy blindingly white (June 9,
2017), http://www.baltimoresun.com/news/opinion/oped/bs-ed-coast-guard-
diversity-20170610-story.html.
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In addition to Coast Guard initiatives, the Federal
Emergency Management Agency's Emergency Management Institute
(EMI), an entity that provides all hazards training and courses
that may be accessed by students enrolled in emergency
management degree-granting programs, has also had challenges
engaging HBCUs and MSIs. In fiscal year 2019, only 18 percent
of the 26,674 students that EMI serviced were minorities.\8\
This lack of diverse participation in EMI has real-world
implications for communities of color. With natural disasters
occurring with greater frequency and intensity, the impact of
disasters is projected to affect coastal communities of color
the hardest.\9\ As many HBCUs are located in hurricane-prone
areas, it is imperative that these institutions access EMI
disaster response and recovery training.
---------------------------------------------------------------------------
\8\``Fact Sheet: Emergency Management Institute,'' Federal
Emergency Management Agency, Department of Homeland Security.
\9\Goulda A. Downer, ``Homeland Security and Emergency Management
Studies: Where Are the HBCUs?'' The Journal of Blacks in Higher
Education. July 5, 2018. Accessed on November 22, 2019. Available at:
https://www.jbhe.com/2018/07/homeland-security-and-emergency-
management-studies-where-are-the-hbcus/.
---------------------------------------------------------------------------
H.R. 1494 would strengthen partnerships between the
Department and HBCUs and MSIs by requiring that DHS' strategy
for encouraging HBCU and MSI participation in Department
programs and activities include specific, measurable goals to
be met annually through fiscal year 2025. The bill also
requires the head of each DHS component to develop a component-
specific action plan to implement the Department-wide strategy,
monitor implementation progress, and report to the Secretary of
Homeland Security (the Secretary) on the progress of
implementation.
HEARINGS
For the purposes of section 103(i) of H. Res. 6. of the
116th Congress, the following hearing was used to develop H.R.
1494:
On April 3, 2019, the Committee held a
hearing entitled ``Ensuring Effective and Efficient
Operations: A Review of The Fiscal Year 2020 DHS
Management Directorate Budget Request.'' The Committee
received testimony from Chip Fulghum, Deputy Under
Secretary for Management, Department of Homeland
Security; and Chris Currie, Director, Homeland Security
and Justice Team, Government Accountability Office.
COMMITTEE CONSIDERATION
The Committee met on January 29, 2020, with a quorum being
present, to consider H.R. 1494 and ordered the measure to be
reported to the House with a favorable recommendation, as
amended, by unanimous consent.
The following amendment was offered and agreed to by
unanimous consent:
An amendment offered by Mr. Thompson.
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Historically Black Colleges
and Universities (HBCUs) Homeland Security Partnerships Act''.
SEC. 2. DEPARTMENT-WIDE STRATEGY FOR ENHANCED PARTNERSHIPS WITH
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND
MINORITY-SERVING INSTITUTIONS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary, acting through the Under Secretary for
Strategy, Policy, and Plans of the Department, shall--
(1) issue a Department-wide strategy to enhance
partnerships with historically Black colleges and
universities and minority-serving institutions that
includes yearly goals, including goals related to
improving recruitment and hiring, research and
development, and acquisition opportunities at such
institutions, through fiscal year 2025; and
(2) require the head of each component of the
Department to--
(A) not later than 150 days after the date of
the issuance under paragraph (1) of the
Department-wide strategy, develop a component-
specific action plan to implement such
strategy;
(B) monitor progress on such implementation;
and
(C) not later than one year after the date of
such issuance, report to the Secretary
regarding progress on such implementation.
SEC. 3. ENHANCEMENT OF RESEARCH AND DEVELOPMENT PARTNERSHIPS.
The Secretary shall seek to enhance partnerships with
historically Black colleges and universities and minority-
serving institutions with respect to administering the research
and development activities of the Department by, among other
things--
(1) encouraging the participation of such colleges,
universities, and institutions in the research,
development, testing, and evaluation programs and
activities of the Department;
(2) facilitating partnerships between such colleges,
universities, and institutions and private sector
stakeholders, national laboratories, and other academic
institutions in areas important to homeland security,
including cybersecurity, emergency management, and
counterterrorism; and
(3) distributing funds through Science and Technology
Directorate grants, cooperative agreements, and
contracts to such colleges, universities, and
institutions for enhancements in areas important to
homeland security, including cybersecurity, emergency
management, and counterterrorism.
SEC. 4. CAREER OPPORTUNITIES PARTNERSHIPS.
Not later than 120 days after the date of the enactment of
this Act, the Secretary, acting through the Chief Human Capitol
Officer of the Department, shall make available to historically
Black colleges and universities and minority-serving
institutions a current list of internship, fellowship,
scholarship, and recruitment opportunities within the
Department for students and recent graduates of such colleges,
universities, and institutions.
SEC. 5. OPPORTUNITIES FOR 8(A) PROGRAM PARTNERSHIPS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Administrator of the Small
Business Administration shall publish eligibility criteria on
how historically Black colleges and universities and minority-
serving institutions may qualify to participate in Federal
acquisitions authorized pursuant to section 8(a) of the Small
Business Act (15 U.S.C. 637(a); Public Law 85-536).
(b) Department actions.--Upon publication of eligibility
criteria in accordance with subsection (a), the Secretary shall
disseminate information to historically Black colleges and
universities and minority-serving institutions regarding--
(1) how to establish such eligibility; and
(2) current and future opportunities to participate
in Federal acquisitions authorized pursuant to section
8(a) of the Small Business Act.
SEC. 6. ANNUAL REPORT.
(a) Annual Report.--Not later than December 31, 2020, and
annually thereafter through 2026, the Secretary shall submit to
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the efforts of
the Department to partner with historically Black colleges and
universities and minority-serving institutions to carry out
this Act.
(b) Reporting Requirements.--The annual reports required
under subsection (a) shall include the following:
(1) A list of awards, including the corresponding
monetary value for each such award, to historically
Black colleges and universities and minority-serving
institutions, disaggregated by grant, contract,
cooperative agreement, and other research development
test and evaluation activity, initiative, and program.
(2) A description of how the Department is partnering
with historically Black colleges and universities and
minority-serving institutions under the programs
referred to in sections 3 and 5, and how such programs
have helped such colleges, universities, and
institutions participate in acquisitions with the
Department.
(3) A summary of outreach efforts to historically
Black colleges and universities and minority-serving
institutions, and an identification of any Department
programs and initiatives in which such colleges,
universities, and institutions are under-represented
among institutions of higher education.
(4) A description of the status of efforts made by
the Department pursuant to sections 2 and 4,
including--
(A) for section 2, Department-wide goals
pursuant to the Department-wide strategy to
enhance partnerships with historically Black
colleges and universities and minority-serving
institutions under such section, and the status
of efforts to implement action plans throughout
the Department to carry out such strategy; and
(B) for section 4, participation rates in
each internship, fellowship, scholarship, and
recruitment opportunity referred to in such
section, listed by historically Black college
and university and minority-serving institution
so participating.
(5) A list of memoranda of understanding entered into
by the Department with historically Black colleges and
universities and minority-serving institutions and
information on the parties and scope of each such
memorandum of understanding.
SEC. 7. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Historically Black Colleges And Universities.--
The term ``historically Black colleges and
universities'' means a part B institution described in
section 322(2) of the Higher Education Act of 1965 (20
U.S.C. 1061(2)).
(3) Institution Of Higher Education.--The term
``institution of higher education'' has the meaning
given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(4) Minority-Serving Institutions.--The term
``minority-serving institutions'' means an institution
of higher education described in section 371(a) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(5) Secretary.--The term ``Secretary'' means
Secretary of Homeland Security.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 1494.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
CONGRESSIONAL BUDGET OFFICE ESTIMATE, NEW BUDGET AUTHORITY, ENTITLEMENT
AUTHORITY, AND TAX EXPENDITURES
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office.
FEDERAL MANDATES STATEMENT
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 1494 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the objective of H.R. 1494 is to
improve partnerships between DHS and HBCUs and MSIs, by
directing the Secretary, acting through the Under Secretary for
Strategy, Policy, and Plans to develop a strategy, with
performance goals, for fostering such partnerships. This
legislation is intended to increase HBCUs and MSIs and their
students or recent graduates access to contracting, research
and development, and career opportunities within DHS.
ADVISORY ON EARMARKS
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule
XXI.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section states that the Act may be cited as the
``Historically Black Colleges and Universities (HBCUs) Homeland
Security Partnerships Act.''
Sec. 2. Department-wide strategy for enhanced partnerships with
historically black colleges and universities and minority
serving institutions
This section directs the Secretary, through the Under
Secretary for Strategy Policy and Plans to issue, within 90
days of enactment of this Act, a Department-wide strategy to
enhance partnerships with HBCUs and MSIs, with yearly goals
through fiscal year 2025.
This section also directs the head of each Departmental
component to develop a component-specific action plan to
implement the strategy, monitor implementation progress, and
report to the Secretary, no later than one year after the date
of issuance, on the progress of implementation.
Sec. 3. Enhancement of research and development partnerships
This section directs the Secretary to enhance partnerships
with HBCUs and MSIs for the purpose of administering the
research and development activities of the Department, by (1)
encouraging the participation of these institutions in the
research, development, testing, and evaluation programs and
activities of the Department; (2) facilitating partnerships
between the Department and these institutions and private
sector stakeholders, national laboratories, and other academic
institutions in areas important to homeland security, including
cyber security, emergency management, and counterterrorism; and
(3) distributing funds through Science and Technology
Directorate grants, cooperative agreements, and contracts to
these institutions for enhancements in areas important to
homeland security, including cyber security, emergency
management, and counterterrorism.
The Committee expects that such grants, cooperative
agreements, and contracts will continue to be awarded through a
competitive process.
Sec. 4. Career opportunities partnerships
This section directs the Secretary, through the Departments
Chief Human Capitol Officer, to make available to HBCUs and
MSIs a current list of internship, fellowship, scholarship, and
recruitment opportunities within the Department for students
and recent graduates, no later than 120 days after the
enactment of this Act.
Sec. 5. Opportunities for 8(a) program partnerships
This section directs the Administrator of the Small
Business Administration to, within 90 days of the enactment of
this Act, publish eligibility criteria on how HBCUs and MSIs
may qualify to participate in Federal acquisitions under the
8(a) small business program. Following the publication of the
eligibility criteria, the Secretary is to disseminate such
information to HBCUs and MSIs.
Sec. 6. Annual report
This section directs the Secretary to submit a report, no
later than December 31, 2020, and annually thereafter through
2026, to Congress on the Department's efforts to carry out this
Act.
This report must include: (1) a list of awards made to
HBCUs and MSIs, disaggregated by grant, contract, cooperative
agreement, and other research development test and evaluation
activity, initiative, and program; (2) a description of how the
Department is partnering with HBCUs and MSIs under programs
referred to in sections 3 and 5 of the Act, and how such
programs have helped HBCUs and MSIs participate in acquisitions
with the Department; (3) a summary of outreach efforts to HBCUs
and MSIs, and an identification of any Department programs and
initiatives in which these institutions are underrepresented
among other institutions of higher education; (4) a description
of efforts made to advance Department-wide goals outlined in
the strategy to enhance partnerships with HBCUs and MSIs and
the status of efforts to implement the strategy, and HBCUs and
MSIs participation rates in each internship, fellowship,
scholarship, and recruitment opportunity; and (5) a list of
memoranda of understanding entered into by the Department and
HBCUs and MSIs, including information of parties and scope of
each memorandum.
Sec. 7. Definitions
This section defines the following terms: (1) Department;
(2) Historically Black Colleges and Universities; (3)
Institution of Higher Education; (4) Minority-Serving
Institutions; and Secretary, for purposes of this Act.
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