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10 U.S.C. § 188 — Interagency Council on the Strategic Capa-

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 188 — Interagency Council on the Strategic Capa-

Page 284 TITLE 10—ARMED FORCES [§ 187 [§ 187. Repealed. Pub. L. 117–263, div. A, title XIV, § 1411(a), Dec. 23, 2022, 136 Stat. 2869] Section, added Pub. L. 109–364, div. A, title VIII, § 843(a), Oct. 17, 2006, 120 Stat. 2338; amended Pub. L. 111–383, div. A, title VIII, § 829, Jan. 7, 2011, 124 Stat. 4272; Pub. L. 112–239, div. A, title IX, § 901(c), Jan. 2, 2013, 126 Stat. 1864; Pub. L. 114–328, div. A, title X, § 1081(a)(2), Dec. 23, 2016, 130 Stat. 2417; Pub. L. 116–92, div. A, title XVII, § 1731(a)(11), Dec. 20, 2019, 133 Stat. 1813; Pub. L. 116–283, div. A, title XVIII, § 1870(c)(6)(C), Jan. 1, 2021, 134 Stat. 4285, related to Strategic Mate- rials Protection Board. See section 98h–1 of Title 50, War and National Defense. § 188. Interagency Council on the Strategic Capa- bility of the National Laboratories (a) ESTABLISHMENT.—There is an Interagency Council on the Strategic Capability of the Na- tional Laboratories (in this section referred to as the ‘‘Council’’). (b) MEMBERSHIP.—The membership of the Council is comprised of the following: (1) The Secretary of Defense. (2) The Secretary of Energy. (3) The Secretary of Homeland Security. (4) The Director of National Intelligence. (5) The Administrator for Nuclear Security. (6) Such other officials as the President con- siders appropriate. (c) STRUCTURE AND PROCEDURES.—The Presi- dent may determine the chair, structure, staff, and procedures of the Council. (d) RESPONSIBILITIES.—The Council shall be re- sponsible for the following matters: (1) Identifying and considering the science, technology, and engineering capabilities of the national laboratories that could be leveraged by each participating agency to support na- tional security missions. (2) Reviewing and assessing the adequacy of

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Page 284 TITLE 10—ARMED FORCES [§ 187 [§ 187. Repealed. Pub. L. 117–263, div. A, title XIV, § 1411(a), Dec. 23, 2022, 136 Stat. 2869] Section, added Pub. L. 109–364, div. A, title VIII, § 843(a), Oct. 17, 2006, 120 Stat. 2338; amended Pub. L. 111–383, div. A, title VIII, § 829, Jan. 7, 2011, 124 Stat. 4272; Pub. L. 112–239, div. A, title IX, § 901(c), Jan. 2, 2013, 126 Stat. 1864; Pub. L. 114–328, div. A, title X, § 1081(a)(2), Dec. 23, 2016, 130 Stat. 2417; Pub. L. 116–92, div. A, title XVII, § 1731(a)(11), Dec. 20, 2019, 133 Stat. 1813; Pub. L. 116–283, div. A, title XVIII, § 1870(c)(6)(C), Jan. 1, 2021, 134 Stat. 4285, related to Strategic Mate- rials Protection Board. See section 98h–1 of Title 50, War and National Defense. § 188. Interagency Council on the Strategic Capa- bility of the National Laboratories (a) ESTABLISHMENT.—There is an Interagency Council on the Strategic Capability of the Na- tional Laboratories (in this section referred to as the ‘‘Council’’). (b) MEMBERSHIP.—The membership of the Council is comprised of the following: (1) The Secretary of Defense. (2) The Secretary of Energy. (3) The Secretary of Homeland Security. (4) The Director of National Intelligence. (5) The Administrator for Nuclear Security. (6) Such other officials as the President con- siders appropriate. (c) STRUCTURE AND PROCEDURES.—The Presi- dent may determine the chair, structure, staff, and procedures of the Council. (d) RESPONSIBILITIES.—The Council shall be re- sponsible for the following matters: (1) Identifying and considering the science, technology, and engineering capabilities of the national laboratories that could be leveraged by each participating agency to support na- tional security missions. (2) Reviewing and assessing the adequacy of the national security science, technology, and engineering capabilities of the national lab- oratories for supporting national security mis- sions throughout the Federal Government. (3) Establishing and overseeing means of en- suring that— (A) capabilities identified by the Council under paragraph (1) are sustained to an ap- propriate level; and (B) each participating agency provides the appropriate level of institutional support to sustain such capabilities. (4) In accordance with acquisition rules re- garding federally funded research and develop- ment centers, establishing criteria for when each participating agency should seek to use the services of the national laboratories, in- cluding the identification of appropriate mis- sion areas and capabilities. (5) Making recommendations to the Presi- dent and Congress regarding regulatory or statutory changes needed to better support— (A) the strategic capabilities of the na- tional laboratories; and (B) the use of such laboratories by each participating agency. (6) Other actions the Council considers ap- propriate with respect to— (A) the sustainment of the national lab- oratories; and (B) the use of the strategic capabilities of such laboratories. (e) STREAMLINED PROCESS.—With respect to the participating agency for which a member of the Council is the head of, each member of the Council shall— (1) establish processes to streamline the con- sideration and approval of procuring the serv- ices of the national laboratories on appro- priate matters; and (2) ensure that such processes are used in ac- cordance with the criteria established under subsection (d)(4). (f) DEFINITIONS.—In this section: (1) The term ‘‘participating agency’’ means a department or agency of the Federal Govern- ment that is represented on the Council by a member under subsection (b). (2) The term ‘‘national laboratories’’ means— (A) each national security laboratory (as defined in section 3281(1) of the National Nu- clear Security Administration Act (50 U.S.C. 2471(1))); and (B) each national laboratory of the Depart- ment of Energy. (Added Pub. L. 112–239, div. A, title X, § 1040(a), Jan. 2, 2013, 126 Stat. 1928.) Statutory Notes and Related Subsidiaries CONSTRUCTION Pub. L. 112–239, div. A, title X, § 1040(d), Jan. 2, 2013, 126 Stat. 1931, provided that: ‘‘Nothing in section 188 of title 10, United States Code, as added by subsection (a), shall be construed to limit section 309 of the Homeland Security Act of 2002 (6 U.S.C. 189).’’ REPORT Pub. L. 112–239, div. A, title X, § 1040(c), Jan. 2, 2013, 126 Stat. 1930, provided that: ‘‘(1) IN GENERAL.—Not later than September 30, 2013, the Interagency Council on the Strategic Capability of the National Laboratories established under section 188 of title 10, United States Code, as added by subsection (a), shall submit to the appropriate congressional com- mittees a report describing and assessing the following: ‘‘(A) The actions taken to implement the require- ments of such section 188 and the charter titled ‘Gov- ernance Charter for an Interagency Council on the Strategic Capability of DOE National Laboratories as National Security Assets’ signed by the Secretary of Defense, the Secretary of Energy, the Secretary of Homeland Security, and the Director of National In- telligence in July 2010. ‘‘(B) The effectiveness of the Council in accom- plishing the purpose and objectives of such section and such Charter. ‘‘(C) Efforts to strengthen work-for-others pro- grams at the national laboratories. ‘‘(D) Efforts to make work-for-others opportunities at the national laboratories more cost-effective. ‘‘(E) Ongoing and planned measures for increasing cost-sharing and institutional support investments at the national laboratories from other agencies. ‘‘(F) Any regulatory or statutory changes rec- ommended to improve the ability of such other agen- cies to leverage expertise and capabilities at the na- tional laboratories. ‘‘(G) The strategic capabilities and core com- petencies of laboratories and engineering centers op- erated by the Department of Defense, including iden- tification of mission areas and functions that should be carried out by such laboratories and engineering centers. Page 285 TITLE 10—ARMED FORCES [§ 190 1 Section 196 was renumbered section 4173 of this title by Pub. L. 116–283 without corresponding amendment of subchapter anal- ysis. ‘‘(H) Consistent with the protection of sources and methods, the level of funding and general description of programs that were funded during fiscal year 2012 by— ‘‘(i) the Department of Defense and carried out at the national laboratories; and ‘‘(ii) the Department of Energy and the national laboratories and carried out at the laboratories and engineering centers of the Department of Defense. ‘‘(2) FORM.—The report required by paragraph (1) shall be submitted in unclassified form, but may in- clude a classified annex. ‘‘(3) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this subsection, the term ‘appropriate con- gressional committees’ means the following: ‘‘(A) The congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives]. ‘‘(B) The Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. ‘‘(C) The Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. ‘‘(D) The Committee on Science, Space, and Tech- nology of the House of Representatives and the Com- mittee on Commerce, Science, and Transportation of the Senate. ‘‘(E) The Permanent Select Committee on Intel- ligence of the House of Representatives and the Se- lect Committee on Intelligence of the Senate.’’ § 189. Communications Security Review and Ad- visory Board (a) ESTABLISHMENT.—There shall be in the De- partment of Defense a Communications Security Review and Advisory Board (in this section re- ferred to as the ‘‘Board’’) to review and assess the communications security, cryptographic modernization, and related key management ac- tivities of the Department and provide advice to the Secretary with respect to such activities. (b) MEMBERS.—(1) The Secretary shall deter- mine the number of members of the Board. (2) The Chief Information Officer of the De- partment of Defense shall serve as chairman of the Board. (3) The Secretary shall appoint officers in the grade of general or admiral and civilian employ- ees of the Department of Defense in the Senior Executive Service to serve as members of the Board. (c) RESPONSIBILITIES.—The Board shall— (1) monitor the overall communications se- curity, cryptographic modernization, and key management efforts of the Department, in- cluding activities under major defense acquisi- tion programs (as defined in section 4201 of this title), by— (A) requiring each Chief Information Offi- cer of each military department to report the communications security activities of the military department to the Board; (B) tracking compliance of each military department with respect to communications security modernization efforts; (C) validating lifecycle communications security modernization plans for major de- fense acquisition programs; (2) validate the need to replace cryp- tographic equipment based on the expiration dates of the equipment and evaluate the risks of continuing to use cryptographic equipment after such expiration dates; (3) convene in-depth program reviews for specific cryptographic modernization develop- ments with respect to validating requirements and identifying programmatic risks; (4) develop a long-term roadmap for commu- nications security to identify potential issues and ensure synchronization with major plan- ning documents; and (5) advise the Secretary on the cryp- tographic posture of the Department, includ- ing budgetary recommendations. (d) EXCLUSION OF CERTAIN PROGRAMS.—The Board shall not include the consideration of pro- grams funded under the National Intelligence Program (as defined in section 3(6) of the Na- tional Security Act of 1947 (50 U.S.C. 3003(6))) in carrying out this section. (Added Pub. L. 113–66, div. A, title II, § 261(a), Dec. 26, 2013, 127 Stat. 724; amended Pub. L. 113–291, div. A, title X, § 1071(f)(4), Dec. 19, 2014, 128 Stat. 3510; Pub. L. 116–283, div. A, title XVIII, § 1846(i)(2), Jan. 1, 2021, 134 Stat. 4252.) Editorial Notes AMENDMENTS 2021—Subsec. (c)(1). Pub. L. 116–283 substituted ‘‘sec- tion 4201’’ for ‘‘section 2430(a)’’. 2014—Subsec. (c)(1). Pub. L. 113–291 substituted ‘‘2430(a)’’ for ‘‘139c’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. [§ 190. Repealed. Pub. L. 116–92, div. A, title VIII, § 810(a), Dec. 20, 2019, 133 Stat. 1487] Section, added Pub. L. 114–328, div. A, title VIII, § 820(b)(1), Dec. 23, 2016, 130 Stat. 2274; amended Pub. L. 115–91, div. A, title VIII, § 804, Dec. 12, 2017, 131 Stat. 1456, related to Defense Cost Accounting Standards Board. CHAPTER 8—DEFENSE AGENCIES AND DE- PARTMENT OF DEFENSE FIELD ACTIVI- TIES Subchapter Sec. I. Common Supply and Service Activities 191 II. Miscellaneous Defense Agency Matters 201 SUBCHAPTER I—COMMON SUPPLY AND SERVICE ACTIVITIES Sec. 191. Secretary of Defense: authority to provide for common performance of supply or service activities. 192. Defense Agencies and Department of Defense Field Activities: oversight by the Secretary of Defense. 193. Combat support agencies: oversight. 194. Limitations on personnel. 195. Defense Automated Printing Service: applica- bility of Federal printing requirements. 196. Department of Defense Test Resource Man- agement Center.1

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 188 — Interagency Council on the Strategic Capability of the National Laboratories

**(a) Establishment.—** There is an Interagency Council on the Strategic Capability of the National Laboratories (in this section referred to as the “Council”). **(b) Membership.—** The membership of the Council is comprised of the following: (1) The Secretary of Defense. (2) The Secretary of Energy. (3) The Secretary of Homeland Security. (4) The Director of National Intelligence. (5) The Administrator for Nuclear Security. (6) Such other officials as the President considers appropriate. **(c) Structure and Procedures.—** The President may determine the chair, structure, staff, and procedures of the Council. **(d) Responsibilities.—** The Council shall be responsible for the following matters: (1) Identifying and considering the science, technology, and engineering capabilities of the national laboratories that could be leveraged by each participating agency to support national security missions. (2) Reviewing and assessing the adequacy of the national security science, technology, and engineering capabilities of the national laboratories for supporting national security missions throughout the Federal Government. (3) Establishing and overseeing means of ensuring that— (A) capabilities identified by the Council under paragraph (1) are sustained to an appropriate level; and (B) each participating agency provides the appropriate level of institutional support to sustain such capabilities. (4) In accordance with acquisition rules regarding federally funded research and development centers, establishing criteria for when each participating agency should seek to use the services of the national laboratories, including the identification of appropriate mission areas and capabilities. (5) Making recommendations to the President and Congress regarding regul

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2471 — Definitions

For purposes of this chapter: (1) The term “national security laboratory” means any of the following: (A) Los Alamos National Laboratory, Los Alamos, New Mexico. (B) Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California. (C) Lawrence Livermore National Laboratory, Livermore, California. (2) The term “nuclear weapons production facility” means any of the following: (A) The Kansas City National Security Campus, Kansas City, Missouri. (B) The Pantex Plant, Amarillo, Texas. (C) The Y–12 National Security Complex, Oak Ridge, Tennessee. (D) The Savannah River Site, Aiken, South Carolina. (E) The Nevada National Security Site, Nevada. (F) Any facility of the Department of Energy that the Secretary of Energy, in consultation with the Administrator and Congress, determines to be consistent with the mission of the Administration. (3) The term “classified information” means any information that has been determined pursuant to Executive Order No. 12333 of December 4, 1981 ([former] [50 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section401&num=0&edition=prelim) note) [now [50 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3001&num=0&edition=prelim) note], Executive Order No. 12958 of April 17, 1995 ([former] [50 U.S.C. 435](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section435&num=0&edition=prelim) note), or successor orders, to require protection against unauthorized disclosure and that is so designated. (4) The term “Restricted Data” has the meaning given such term in [section 2014(y) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/y&num=0&edition=prelim). (5) The term “con

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2471 — Definitions

Page 418 TITLE 50—WAR AND NATIONAL DEFENSE § 2465 § 2465. Enhancing private-sector employment through cooperative research and develop- ment activities (a) In general The Administrator for Nuclear Security shall encourage cooperative research and develop- ment activities at the national security labora- tories (as defined in section 2471 of this title) that lead to the creation of new private-sector employment opportunities. (b) Reports Not later than January 31 of each year from 2012 through 2017, the Administrator shall sub- mit to Congress a report detailing the number of new private-sector employment opportunities created as a result of the previous years’ cooper- ative research and development activities at each national security laboratory. (Pub. L. 111–383, div. C, title XXXI, § 3122, Jan. 7, 2011, 124 Stat. 4514.) Editorial Notes CODIFICATION Section was enacted as part of the Ike Skelton Na- tional Defense Authorization Act for Fiscal Year 2011, and not as part of the National Nuclear Security Ad- ministration Act which comprises this chapter. § 2466. Use of funds for the purchase of options to purchase real property (a) Authority Subject to the limitation in subsection (b), funds authorized to be appropriated for the Ad- ministration for the purchase of real property may be expended to purchase options for the purchase of real property. (b) Limitation on price of options The price of any option purchased pursuant to subsection (a) may not exceed the minor con- struction threshold (as defined in section 2741 of this title). (c) Notice Not later than 14 days after the date an option is purchased pursuant to subsection (a), the Ad- ministrator shall submit to the congressional defense committees— (1) a notification of such purch

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3003 — Biennial reports on foreign biological threats

**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country. **(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following: (1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities. (2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities. (3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2). (4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein. (5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners. (6) An assessment of foreign malign influence efforts relating to such threats, including any foreign

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3003 — Definitions

Page 559 TITLE 50—WAR AND NATIONAL DEFENSE § 3003 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 401 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1958—Pub. L. 85–599 amended section generally, and, among other changes, provided that each military de- partment shall be separately organized, instead of sepa- rately administered, under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense, and inserted provisions relat- ing to establishment of unified or specified combatant commands and for elimination of unnecessary duplica- tion. 1949—Act Aug. 10, 1949, provided that the military de- partments shall be separately administered but be under the direction of the Secretary of Defense, and that there shall not be a single Chief of Staff over the armed forces nor an armed forces general staff. § 3003. Definitions As used in this chapter: (1) The term ‘‘intelligence’’ includes foreign intelligence and counterintelligence. (2) The term ‘‘foreign intelligence’’ means information relating to the capabilities, inten- tions, or activities of foreign governments or elements thereof, foreign organizations, or for- eign persons, or international terrorist activi- ties. (3) The term ‘‘counterintelligence’’ means information gathered, and activities con- ducted, to protect against espionage, other in- telligence activities, sabotage, or assassina- tions conducted by or on behalf of foreign gov- ernments or elements thereof, foreign organi- zations, or foreign persons, or international

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 189 — Responsibilities and authorities of the Under Secretary for Science and Technology

The Secretary, acting through the Under Secretary for Science and Technology, shall have the responsibility for— (1) advising the Secretary regarding research and development efforts and priorities in support of the Department’s missions; (2) developing, in consultation with other appropriate executive agencies, a national policy and strategic plan for, identifying priorities, goals, objectives and policies for, and coordinating the Federal Government’s civilian efforts to identify and develop countermeasures to chemical, biological, and other emerging terrorist threats, including the development of comprehensive, research-based definable goals for such efforts and development of annual measurable objectives and specific targets to accomplish and evaluate the goals for such efforts; (3) supporting the Under Secretary for Intelligence and Analysis and the Director of the Cybersecurity and Infrastructure Security Agency, by assessing and testing homeland security vulnerabilities and possible threats; (4) conducting basic and applied research, development, demonstration, testing, and evaluation activities that are relevant to any or all elements of the Department, through both intramural and extramural programs, except that such responsibility does not extend to human health-related research and development activities; (5) establishing priorities for, directing, funding, and conducting national research, development, test and evaluation, and procurement of technology and systems for— (A) preventing the importation of chemical, biological, and related weapons and material; and (B) detecting, preventing, protecting against, and responding to terrorist attacks; (6) establishing a system for transferring homeland security developments or technologies to Federal, St

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 189 — Utilization of Department of Energy na-

Page 72 TITLE 6—DOMESTIC SECURITY § 189 1 So in original. There is no par. (2). title 48, Code of Federal Regulations, or any successor thereto. (3) 1 Waivers (A) In general Subject to subparagraph (B), in individual cases, the requirements under section 204 of title 35 may be waived by the Secretary upon a showing by the small business firm, non- profit organization, or assignee that reason- able but unsuccessful efforts have been made to grant licenses on similar terms to poten- tial licensees that would be likely to manu- facture substantially in the United States or that under the circumstances domestic man- ufacture is not commercially feasible. (B) Conditions on waivers granted by De- partment (i) Before grant of waiver Before granting a waiver under subpara- graph (A), the Secretary shall comply with the procedures developed and implemented by the Department pursuant to section 70923(b)(2) of the Build America, Buy America Act (enacted as subtitle A of title IX of division G of Public Law 117–58). (ii) Prohibition on granting certain waivers The Secretary may not grant a waiver under subparagraph (A) if, as a result of such waiver, products embodying the ap- plicable subject invention, or produced through the use of the applicable subject invention, would be manufactured substan- tially in a country of concern. (Pub. L. 107–296, title III, § 308, Nov. 25, 2002, 116 Stat. 2170; Pub. L. 108–7, div. L, § 101(1), Feb. 20, 2003, 117 Stat. 526; Pub. L. 117–263, div. G, title LXXI, § 7114, Dec. 23, 2022, 136 Stat. 3633.) Editorial Notes REFERENCES IN TEXT The date of enactment, referred to in subsec. (b)(2)(D), probably means the date of enactment of this section by Pub. L. 107–296, which was approved Nov. 25, 2002. Section 70923(b)(2)

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