Text: H.R.1999 — 113th Congress (2013-2014)All Bill Information (Except Text)

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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[H.R. 1999 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1999

To reduce waste and implement cost savings and revenue enhancement for 
                        the Federal Government.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2013

     Mr. Murphy of Florida (for himself, Mr. Joyce, Mr. Peters of 
California, Mr. Rice of South Carolina, and Ms. Sinema) introduced the 
 following bill; which was referred to the Committee on Oversight and 
Government Reform, and in addition to the Committees on Appropriations, 
 Agriculture, Energy and Commerce, and Ways and Means, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To reduce waste and implement cost savings and revenue enhancement for 
                        the Federal Government.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Savings, 
Accountability, Value, and Efficiency Act'' or the ``SAVE Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
 TITLE I--PROVISIONS RELATING TO FEDERAL PROPERTY, FEDERAL CONTRACTS, 
                       AND INFORMATION TECHNOLOGY

Subtitle A--Amendments Relating to Federal Property, Federal Contracts, 
                       and Information Technology

Sec. 101. Management of Federal excess and underutilized real property.
Sec. 102. Promotion of competition in Federal contracting.
Sec. 103. Promotion of strategic sourcing in Federal contracting.
Sec. 104. Avoiding duplicative information technology investments.
Sec. 105. Strengthening oversight of information technology operations.
                 Subtitle B--Data Center Consolidation

Sec. 111. Purpose.
Sec. 112. Definitions.
Sec. 113. Federal Data Center Optimization Initiative.
Sec. 114. Performance requirements related to data center 
                            consolidation.
Sec. 115. Cost savings related to data center optimization.
Sec. 116. Reporting requirements to Congress and the Federal Chief 
                            Information Officer.
Sec. 117. Reduction and consolidation of data centers.
                        TITLE II--OTHER MATTERS

Sec. 201. Rescission of unobligated budget authority for Department of 
                            Energy ATVM loan program.
Sec. 202. Report on implementation of certain Medicare and Medicaid 
                            fraud detection and program integrity 
                            provisions.
Sec. 203. Enhancement of agricultural quarantine and inspection fees.
Sec. 204. Authorization of depleted uranium sales.
Sec. 205. Coordination of diesel emissions controls.
Sec. 206. Repeal of duplicative catfish inspection program.

 TITLE I--PROVISIONS RELATING TO FEDERAL PROPERTY, FEDERAL CONTRACTS, 
                       AND INFORMATION TECHNOLOGY

Subtitle A--Amendments Relating to Federal Property, Federal Contracts, 
                       and Information Technology

SEC. 101. MANAGEMENT OF FEDERAL EXCESS AND UNDERUTILIZED REAL PROPERTY.

    (a) In General.--Chapter 5 of subtitle I of title 40, United States 
Code, is amended by adding at the end the following new subchapter:

   ``SUBCHAPTER VII--MANAGING FEDERAL EXCESS AND UNDERUTILIZED REAL 
                                PROPERTY

``Sec. 621. National strategy and plan to manage Federal excess and 
              underutilized real property
    ``(a) National Strategy.--Not less than 6 months after the date of 
the enactment of this subchapter, and every two years thereafter, the 
Director of the Office of Management and Budget, in consultation with 
the head of each designated agency, shall develop and publish a 
national strategy for managing excess property and underutilized 
Federal real property. The national strategy shall include the 
following:
            ``(1) A statement of purpose, scope, and methodology.
            ``(2) A definition of excess and underutilized Federal real 
        property, along with a list of risk factors that lead to such 
        property becoming excess or underutilized.
            ``(3) Goals, subordinate objectives, activities, and 
        performance measures, including the milestones and time frames 
        for achieving objectives.
            ``(4) Resources, investments, and risk management.
            ``(5) Organizational roles, responsibilities, and 
        coordination.
            ``(6) Integration and implementation plans.
            ``(7) For each national strategy after the first, a 
        description of how the previous national strategy has been 
        implemented.
    ``(b) Data.--Not less than 6 months after the date of the enactment 
of this subchapter, and every two years thereafter, the Administrator 
of General Services, in consultation with the head of each designated 
agency, shall develop and implement a plan to improve the Federal Real 
Property Profile established in accordance with Executive Order 13327 
(40 U.S.C. 121 note; relating to Federal real property asset 
management), that ensures the data collected is complete, accurate, and 
consistent. The plan shall include the following:
            ``(1) Clearly defined data collection requirements and 
        consistent data reporting to the database across Federal 
        agencies.
            ``(2) Designation of performance measures that are linked 
        to performance goals and that are consistent with the 
        requirements in Executive Order 13327, or any amendment to or 
        replacement of such Executive order.
            ``(3) Recommendations for how Federal agencies can 
        collaborate effectively to provide data when determining data 
        collection requirements and limiting the number of measures 
        collected to those determined to be essential, taking into 
        account the cost and effort involved in collecting the data 
        when determining data collection requirements.
            ``(4) For each plan after the first, a description of how 
        the previous plan has been implemented.
    ``(c) Submission and Publication.--
            ``(1) Submission.--The national strategy required by 
        subsection (a) and the plan required by subsection (b) shall be 
        submitted to each committee of jurisdiction in the House of 
        Representatives and the Senate.
            ``(2) OMB publication.--The national strategy required by 
        subsection (a) shall be published on the Web site of the Office 
        of Management and Budget.
            ``(3) GSA publication.--The plan required by subsection (b) 
        shall be published on the Web site of the General Services 
        Administration.
    ``(d) Designated Agency Defined.--In this section, the term 
`designated agency' means each agency listed in section 901(b) of title 
31.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of subtitle I of title 40, United States Code, is amended by 
adding at the end the following:

    ``subchapter vii--managing federal excess and underutilized real 
                                property

``Sec.
``621. National strategy and plan to manage Federal excess and 
                            underutilized real property.''.

SEC. 102. PROMOTION OF COMPETITION IN FEDERAL CONTRACTING.

    (a) Office of Federal Procurement Policy.--Not later than six 
months after the date of enactment of this Act, the Administrator for 
Federal Procurement Policy shall issue guidance to Federal agencies to 
reinvigorate the role of the competition advocate, consistent with the 
recommendations of the Government Accountability Office in its report 
GAO-10-833 (July 26, 2010).
    (b) Elements of Guidance.--The guidance issued pursuant to 
subsection (a) shall include key factors agencies should consider in 
appointing and utilizing competition advocates, such as placement 
within the organization, skill set, and potential methods to 
effectively carry out their duties, and shall direct agencies to 
require their competition advocates to actively involve program offices 
in highlighting opportunities to increase competition.

SEC. 103. PROMOTION OF STRATEGIC SOURCING IN FEDERAL CONTRACTING.

    (a) Savings Goals.--Not later than six months after the date of 
enactment of this Act, and for 4 years annually thereafter, the 
Director of the Office of Management and Budget shall issue Government-
wide savings goals for the strategic sourcing of goods and services by 
executive agencies required to designate or appoint a Chief Financial 
Officer as set forth in section 901 of title 31. The Director may issue 
goals required by this section that are customized to individual 
agencies or sourcing efforts.
    (b) Matters Covered.--In complying with subsection (a), the 
Director shall provide at a minimum--
            (1) guidance to executive agencies on calculating savings 
        generated from strategic sourcing efforts; and
            (2) standards to measure progress towards meeting savings 
        goals established by subsection (a).
    (c) Report.--Not later than 5 years after the date of enactment of 
this Act, the Director shall submit to Congress a report on the extent 
of savings realized through the strategic sourcing of goods and 
services by executive agencies during the period Government-wide 
savings goals are required to be issued pursuant to subsection (a).

SEC. 104. AVOIDING DUPLICATIVE INFORMATION TECHNOLOGY INVESTMENTS.

    (a) Purpose.--The purpose of this section is to improve 
transparency in order to ensure that agencies avoid making duplicative 
information technology investments.
    (b) Reporting Potential Duplication.--
            (1) Responsibility of agency chief information officers.--
        Each agency chief information officer shall utilize existing or 
        newly developed transparency mechanisms to report to the 
        Director of the Office of Management and Budget, not later than 
        six months after the date of enactment of this Act and at least 
        annually thereafter, on the results of the agency's efforts to 
        identify and eliminate, where appropriate, each potentially 
        duplicative information technology investment.
            (2) Functions of the director.--Not later than 90 days 
        after the date of enactment of this Act, the Director of the 
        Office of Management and Budget shall issue a policy requiring 
        consistency among all agencies in identifying information 
        technology investments in any required reporting, and such 
        investments shall include applicable research and development 
        projects and mission-essential systems.

SEC. 105. STRENGTHENING OVERSIGHT OF INFORMATION TECHNOLOGY OPERATIONS.

    Section 11303(b) of title 40, United States Code, is amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following new 
        paragraph (5):
            ``(5) Analyses of investments in operations and 
        maintenance.--The Director shall require each executive agency 
        to develop a policy consistent with OMB guidance for performing 
        analysis on each operational/steady state information 
        technology investment to measure how well the investment is 
        achieving expected cost, schedule, performance, and other 
        goals, and to determine whether the investment provides the 
        most cost effective way of delivering business value. The 
        agencies shall conduct these operational analyses on a yearly 
        basis and shall report the results to the Director and through 
        existing or newly developed transparency mechanisms.''.

                 Subtitle B--Data Center Consolidation

SEC. 111. PURPOSE.

    The purpose of this subtitle is to optimize Federal data center 
usage and efficiency.

SEC. 112. DEFINITIONS.

    In this subtitle:
            (1) Federal data center optimization initiative.--The term 
        ``Federal Data Center Optimization Initiative'' or the 
        ``Initiative'' means the initiative developed and implemented 
        by the Director, through the Federal Chief Information Officer, 
        as required under section 113.
            (2) Covered agency.--The term ``covered agency'' means any 
        agency included in the Federal Data Center Optimization 
        Initiative.
            (3) Federal chief information officer.--The term ``Federal 
        Chief Information Officer'' means the Administrator of the 
        Office of Electronic Government established under section 3602 
        of title 44, United States Code.
            (4) Data center.--The term ``data center'' means a closet, 
        room, floor, or building for the storage, management, and 
        dissemination of data and information, as defined by the 
        Federal Chief Information Officer under guidance issued 
        pursuant to this section.
            (5) Federal data center.--The term ``Federal data center'' 
        means any data center of a covered agency used or operated by a 
        covered agency, by a contractor of a covered agency, or by 
        another organization on behalf of a covered agency.
            (6) Server utilization.--The term ``server utilization'' 
        refers to the activity level of a server relative to its 
        maximum activity level, expressed as a percentage.
            (7) Power usage effectiveness.--The term ``power usage 
        effectiveness'' means the ratio obtained by dividing the total 
        amount of electricity and other power consumed in running a 
        data center by the power consumed by the information and 
        communications technology in the data center.

SEC. 113. FEDERAL DATA CENTER OPTIMIZATION INITIATIVE.

    (a) Requirement for Initiative.--The Federal Chief Information 
Officer, in consultation with the chief information officers of covered 
agencies, shall develop and implement an initiative, to be known as the 
Federal Data Center Optimization Initiative, to optimize the usage and 
efficiency of Federal data centers by meeting the requirements of this 
Act and taking additional measures, as appropriate.
    (b) Requirement for Plan.--Within 6 months after the date of the 
enactment of this Act, the Federal Chief Information Officer, in 
consultation with the chief information officers of covered agencies, 
shall develop and submit to Congress a plan for implementation of the 
Initiative required by subsection (a) by each covered agency. In 
developing the plan, the Federal Chief Information Officer shall take 
into account the findings and recommendations of the Comptroller 
General review required by section 115(e).
    (c) Matters Covered.--The plan shall include--
            (1) descriptions of how covered agencies will use 
        reductions in floor space, energy use, infrastructure, 
        equipment, applications, personnel, increases in 
        multiorganizational use, and other appropriate methods to meet 
        the requirements of the initiative; and
            (2) appropriate consideration of shifting federally owned 
        data centers to commercially owned data centers.

SEC. 114. PERFORMANCE REQUIREMENTS RELATED TO DATA CENTER 
              CONSOLIDATION.

    (a) Server Utilization.--Each covered agency may use the following 
methods to achieve the maximum server utilization possible as 
determined by the Federal Chief Information Officer:
            (1) The closing of existing data centers that lack adequate 
        server utilization, as determined by the Federal Chief 
        Information Officer. If the agency fails to close such data 
        centers, the agency shall provide a detailed explanation as to 
        why this data center should remain in use as part of the 
        submitted plan. The Federal Chief Information Officer shall 
        include an assessment of the agency explanation in the annual 
        report to Congress.
            (2) The consolidation of services within existing data 
        centers to increase server utilization rates.
            (3) Any other method that the Federal Chief Information 
        Officer, in consultation with the chief information officers of 
        covered agencies, determines necessary to optimize server 
        utilization.
    (b) Power Usage Effectiveness.--Each covered agency may use the 
following methods to achieve the maximum energy efficiency possible as 
determined by the Federal Chief Information Officer:
            (1) The use of the measurement of power usage effectiveness 
        to calculate data center energy efficiency.
            (2) The use of power meters in data centers to frequently 
        measure power consumption over time.
            (3) The establishment of power usage effectiveness goals 
        for each data center.
            (4) The adoption of best practices for managing--
                    (A) temperature and airflow in data centers; and
                    (B) power supply efficiency.
            (5) The implementation of any other method that the Federal 
        Chief Information Officer, in consultation with the Chief 
        Information Officers of covered agencies, determines necessary 
        to optimize data center energy efficiency.

SEC. 115. COST SAVINGS RELATED TO DATA CENTER OPTIMIZATION.

    (a) Requirement To Track Costs.--Each covered agency shall track 
costs resulting from implementation of the Federal Data Center 
Optimization Initiative within the agency and submit a report on those 
costs annually to the Federal Chief Information Officer. Covered 
agencies shall determine the net costs from data consolidation on an 
annual basis.
            (1) Factors.--In calculating net costs each year under 
        subsection (a), a covered agency shall use the following 
        factors:
                    (A) Energy costs.
                    (B) Personnel costs.
                    (C) Real estate costs.
                    (D) Capital expense costs.
                    (E) Operating system, database, and other software 
                license expense costs.
                    (F) Other appropriate costs, as determined by the 
                agency in consultation with the Federal Chief 
                Information Officer.
    (b) Requirement To Track Savings.--Each covered agency shall track 
savings resulting from implementation of the Federal Data Center 
Optimization Initiative within the agency and submit a report on those 
savings annually to the Federal Chief Information Officer. Covered 
agencies shall determine the net savings from data consolidation on an 
annual basis.
            (1) Factors.--In calculating net savings each year under 
        subsection (b), a covered agency shall use the following 
        factors:
                    (A) Energy savings.
                    (B) Personnel savings.
                    (C) Real estate savings.
                    (D) Capital expense savings.
                    (E) Operating system, database, and other software 
                license expense savings.
                    (F) Other appropriate savings, as determined by the 
                agency in consultation with the Federal Chief 
                Information Officer.
    (c) Requirement To Use Cost-Effective Measures.--Covered agencies 
shall use the most cost-effective measures to implement the Federal 
Data Center Optimization Initiative.
    (d) Use of Savings.--Any savings resulting from implementation of 
the Federal Data Center Optimization Initiative within a covered agency 
shall be used for the following purposes:
            (1) To offset the costs of implementing the Initiative 
        within the agency.
            (2) To further enhance information technology capabilities 
        and services within the agency.
    (e) Government Accountability Office Review.--Not later than 3 
months after the date of the enactment of this Act, the Comptroller 
General of the United States shall examine methods for calculating 
savings from the Initiative and using them for the purposes identified 
in subsection (d), including establishment and use of a special 
revolving fund that supports data centers and server optimization, and 
shall submit to the Federal Chief Information Officer and Congress a 
report on the Comptroller General's findings and recommendations.

SEC. 116. REPORTING REQUIREMENTS TO CONGRESS AND THE FEDERAL CHIEF 
              INFORMATION OFFICER.

    (a) Agency Requirement To Report to CIO.--Each year, each covered 
agency shall submit to the Federal Chief Information Officer a report 
on the implementation of the Federal Data Center Optimization 
Initiative, including savings resulting from such implementation. The 
report shall include an update of the agency's plan for implementing 
the Initiative.
    (b) Federal Chief Information Officer Requirement To Report to 
Congress.--Each year, the Federal Chief Information Officer shall 
submit to the relevant congressional committees a report that assesses 
agency progress in carrying out the Federal Data Center Optimization 
Initiative and updates the plan under section 113. The report may be 
included as part of the annual report required under section 3606 of 
title 44, United States Code.

SEC. 117. REDUCTION AND CONSOLIDATION OF DATA CENTERS.

    (a) OMB Recommendation.--Not later than 6 months after the date of 
the enactment of this Act, the Director of the Office of Management and 
Budget, in consultation with the Administrator of General Services and 
the heads of other executive agencies, shall issue recommendations for 
reducing or consolidating the number of Federal data centers in 
existence as of the date of the enactment of this Act--
            (1) by at least 40 percent not later than September 30, 
        2018; and
            (2) by at least 80 percent not later than September 30, 
        2023.
    (b) Reduction of Data Centers.--Not later than 6 months after the 
issuance of recommendations by the Director of the Office of Management 
and Budget under subsection (a), the head of each executive agency 
shall implement the recommendations by reducing the number of Federal 
data centers in accordance with such recommendations.

                        TITLE II--OTHER MATTERS

SEC. 201. RESCISSION OF UNOBLIGATED BUDGET AUTHORITY FOR DEPARTMENT OF 
              ENERGY ATVM LOAN PROGRAM.

    Of the funds made available by section 129 of the Consolidated 
Security, Disaster Assistance, and Continuing Appropriations Act, 2009, 
Public Law 110-329, the unobligated balance is hereby rescinded.

SEC. 202. REPORT ON IMPLEMENTATION OF CERTAIN MEDICARE AND MEDICAID 
              FRAUD DETECTION AND PROGRAM INTEGRITY PROVISIONS.

    Section 1128J(a)(1)(A) of the Social Security Act (42 U.S.C. 1320a-
7k(a)(1)(A)) is amended by adding at the end the following new clause:
                            ``(iii) Report on integrated data 
                        repository and one program integrity system.--
                        Not later than six months after the date of 
                        enactment of this clause, the Secretary shall 
                        submit to the appropriate congressional 
                        committees a report on the following:
                                    ``(I) Integrated data repository.--
                                Efforts to finalize plans and schedules 
                                for fully implementing and expanding 
                                the use of the Integrated Data 
                                Repository, including actions taken to 
                                finalize, implement, and manage plans 
                                for incorporating data into the 
                                Integrated Data Repository and actions 
                                taken to define measurable financial 
                                benefits expected from the 
                                implementation of the Integrated Data 
                                Repository.
                                    ``(II) One program integrity 
                                system.--Actions taken to plan, 
                                schedule, and conduct training on the 
                                One Program Integrity System, a Web-
                                based portal and suite of software 
                                tools used to analyze and extract data 
                                from the Integrated Data Repository, 
                                and actions taken to define measurable 
                                financial benefits expected from the 
                                use of the One Program Integrity 
                                System.''.

SEC. 203. ENHANCEMENT OF AGRICULTURAL QUARANTINE AND INSPECTION FEES.

    Section 2509(a) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (21 U.S.C. 136a(a)) is amended--
            (1) in paragraph (1)(A), by inserting striking ``commercial 
        aircraft, commercial truck, or railroad car'' and inserting 
        ``private vessel, commercial aircraft, private aircraft, 
        commercial truck, commercial bus, or railroad car''; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraph:
            ``(2) Limitation.--In setting the fees under paragraph (1), 
        the Secretary shall ensure that the amount of the fees is 
        commensurate with the aggregate costs of agricultural 
        quarantine and inspection services. The costs of the services 
        conducted under subparagraph (A) of such paragraph, with 
        respect to commercial aircraft or other vehicles, includes the 
        costs of any related inspections of passengers arriving on the 
        commercial aircraft or other vehicles.''.

SEC. 204. AUTHORIZATION OF DEPLETED URANIUM SALES.

    (a) Section 3112(a) of the USEC Privatization Act, Public Law 104-
134 (42 U.S.C. 2297h-10), is amended to read as follows:
    ``(a) Transfers and Sales by the Secretary.--The Secretary shall 
not provide enrichment services or transfer or sell any uranium to any 
person except as consistent with this section. For purposes of this 
section, with the exception of subsection (b), `uranium' shall include 
but not be limited to natural uranium concentrates, natural uranium 
hexafluoride, high enriched uranium, low enriched uranium, depleted 
uranium, and any byproduct of uranium processing.''.
    (b) Section 3112(d) is amended--
            (1) in paragraph (1), by striking ``sell natural and low-
        enriched uranium (including low-enriched uranium derived from 
        highly enriched uranium)'' and inserting ``transfer or sell any 
        uranium''; and
            (2) in paragraph (2), by striking ``natural or low-enriched 
        uranium'' and inserting ``any uranium''.
    (c) Section 3112(f) is renumbered as 3112(h).
    (d) After section 3112(e), insert new subsections (f) and (g) as 
follows:
    ``(f) Reporting.--Not less than 30 days nor more than two years 
prior to the transfer or sale of any uranium for any purpose, the 
Secretary shall notify the House and Senate Committees on 
Appropriations, the House Energy and Commerce Committee, and the Senate 
Committee on Energy and Natural Resources of the following:
            ``(1) The amount of uranium to be transferred or sold.
            ``(2) An estimate by the Secretary of the gross market 
        value of the uranium on the expected date of the transfer or 
        sale of the uranium.
            ``(3) The expected date of transfer or sale of the uranium.
            ``(4) The recipient of the uranium.
            ``(5) The funds, if any, the Secretary expects to receive 
        in exchange for the uranium, and the Secretary's plans for the 
        funds, and, if the Secretary plans to retain the funds, a 
        citation of the legal authority for doing so.
            ``(6) The value of the services and materials the Secretary 
        expects to receive in exchange for the uranium, including any 
        changes to the gross value of the uranium by the recipient for 
        uranium to be provided to the Department of Energy.
            ``(7) The purpose of the transfer or sale.
    ``(g) List of Transfers and Sales.--The Secretary shall maintain a 
list identifying all notifications required by subsection (f) of this 
section and for each notification identifying the expected date of the 
notification, the actual date of the transaction and any information 
pertaining to the actual transaction that differs from the information 
provided in the notification. For each notification, the list shall 
identify the date of the relevant Secretarial determination, if any, 
pursuant to subsection (d)(2)(B) of this section.''.

SEC. 205. COORDINATION OF DIESEL EMISSIONS CONTROLS.

    The Director of the Office of Management and Budget shall, not 
later than six months after the date of enactment of this Act, develop 
a strategy--
            (1) to assess the collective results of Federal funding of 
        activities that have the effect of reducing mobile source 
        diesel emissions; and
            (2) to identify and eliminate any unnecessary duplication, 
        overlap, and fragmentation of such activities.

SEC. 206. REPEAL OF DUPLICATIVE CATFISH INSPECTION PROGRAM.

    (a) In General.--Effective on the date of the enactment of the 
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.), 
subsection (b) of section 11016 of such Act (Public Law 110-246; 122 
Stat. 2130) and the amendments made by such subsection are repealed.
    (b) Application.--The Federal Meat Inspection Act (21 U.S.C. 601 et 
seq.) shall be applied and administered as if subsection (b) of section 
11016 (Public Law 110-246; 122 Stat. 2130) of the Food, Conservation, 
and Energy Act of 2008 (7 U.S.C. 8701 et seq.) and the amendments made 
by such subsection had not been enacted.
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