United States Code

school facilities in the State in which the school district of such agency is situated; and

(As amended Aug. 21, 1974, Pub. L. 93-380, title III, § 302 (a), 88 Stat. 521.)

CODIFICATION

In subsec. (a) (2), "section 101 of Title 37" was substituted for "section 102 of the Career Compensation Act of 1949" in view of Pub. L. 87-649, § 12(b), Sept. 7, 1962, 76 Stat. 497, section 1 of which enacted Title 37, Pay and Allowances of the Uniformed Services.

AMENDMENTS

1974 Subsec. (a)(1). Pub. L. 93-380, § 302(a) (1), struck from text following "Federal property," the words "(A) who so resided with a parent employed on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district) or (B) who had a parent who was on active duty in the uniformed services (as defined in section 102 of the Career Compensation Act of 1949),".

Subsec. (a) (2). Pub. L. 93-380, § 302(a)(2), struck from text "residing on Federal property, or (B)" after "number of children (A)" and redesignated as cl. (B) former cl. (C).

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-380 effective on and after sixtieth day after Aug. 21, 1974, see section 2(c) of Pub. L. 93-380, set out as a note under section 241b of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 633, 634, 636, 639, 640, 644, 645, 646 of this title.

§ 644. Assistance in other Federally-affected areas.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 25 section 458. § 645. Definitions.

For the purposes of this chapter

(15) The term "base year" means the third or fourth regular school year preceding the fiscal year in which an application was filed under this chapter as may be designated in the application, except that in the case of an application based on children referred to in paragraph (2) or (3) of section 635(a) of this title, the base year shall in no event be later than the regular school year 1973-1974; and

(As amended Aug. 21, 1974, Pub. L. 93-380, title III, § 301(a) (2), 88 Stat. 521.)

AMENDMENTS

1974-Par. (15). Pub. L. 93-380 substituted "1973-1974" for "1968-1969".

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-380 effective on and after July 1, 1973, see section 301 (c) of Pub. L. 93-380, set out as a note under section 633 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 635, 644 of this title.

§ 646. Assistance in cases of certain disasters. (a) Eligibility requirements; maximum amount; form, terms and conditions.

In any case in which

(1) (A) the Secretary of Housing and Urban Development determines with respect to any local educational agency (including for the purpose of this

section any other public agency which operates schools providing technical, vocational, or other special education to children of elementary or secondary school age) that such agency is located in whole or in part within an area which, after August 30, 1965, and prior to July 1, 1978, has suffered a major disaster as the result of any flood, drought, fire, hurricane, earthquake, storm, or other catastrophe which, in the determination of the President pursuant to sections 5122(2) and 5141 of Title 42, is or threatens to be of sufficient severity or magnitude to warrant disaster assistance by the Federal Government; or

the Commissioner may provide the additional assistance necessary to enable such agency to provide such facilities, upon such terms and in such amounts (subject to the provisions of this section) as the Commissioner may consider to be in the public interest; but such additional assistance, plus the amount which he determines to be available from State, local, and other Federal sources (including funds available under other provisions of this chapter), and from the proceeds of insurance, may not exceed the cost of construction incident to the restoration or replacement of the school facilities destroyed or damaged as a result of the disaster. For the purpose of the preceding sentence, the phrase "cost of construction incident to the restoration or replacement of the school facilities" includes such additional amounts as the Commissioner may approve in order to assure that the facilities, as restored or replaced, will afford appropriate protection against personal injuries resulting from a disaster. In all cases determined pursuant to clause (1) (B) of this subsection, and in any other case deemed appropriate by the Commissioner, such assistance shall be in the form of a repayable advance subject to such terms and conditions as he considers to be in the public interest.

(As amended June 27, 1973, Ex. Ord. No. 11725, § 1, 38 F.R. 17175; May 22, 1974, Pub. L. 93-288, title VI, § 602 (f), 88 Stat. 164; Aug. 21, 1974, Pub. L. 93-380, title III, §§ 301(b), 302(b), 88 Stat. 521, 522.)

AMENDMENTS

1974 Subsec. (a)(1)(A). Pub. L. 93-380, § 301(b), substituted "1978" for "1973".

Pub. L. 93-288 substituted "sections 5122(2) and 5141 of Title 42" for "section 4402(1) of Title 42".

Subsec. (a), foll. (6). Pub. L. 93-380, § 302(b), inserted penultimate sentence defining "cost of construction incident to the restoration or replacement of the school facilities".

EFFECTIVE DATE OF 1974 AMENDMENT Amendment of subsec. (a) (1) (A) of this section by section 301 (b) of Pub. L. 93-380 effective on and after July 1, 1973, see section 301(c) of Pub. L. 93-380, set out as a note under section 633 of this title.

Amendment of subsec. (a) of this section by section 302(b) of Pub. L. 93-380 effective on and after sixtieth day after Aug. 21, 1974, except as otherwise specified hereunder, see section 2(c) of Pub. L. 93-380, set out as a note under section 241b of this title.

TRANSFER OF FUNCTIONS

Functions of the Director of the Office of Emergency Preparedness under this section, were transferred to the President by Reorganization Plan No. 1 of 1973, set out in the Appendix to Title 5, Government Organization and

Employees, were transferred to the Secretary of Housing and Urban Development, by section 2(2) of Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, set out as a note preceding section 4411 of Title 42, The Public Health and Welfare.

The Office of Emergency Preparedness including the offices of Director, Deputy Director, Assistant Directors, and Reigonal Directors, was abolished and all functions vested by law in the Office of Emergency Preparedness or the Director of the Office of Emergency Preparedness were transferred to the President of the United States by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to Title 5, Government Organization and Employees.

Functions of the Director of the Office of Emergency Preparedness with respect to determining whether a major disaster has occurred within the meaning of this section transferred to the Secretary of Housing and Urban Development, see section 1 of Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175, set out as a note under section 2271 of Title 50, Appendix, War and National Defense.

Chapter 20A.-NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

§ 685. National Advisory Board on Establishment of the Institute.

(b) Compensation and travel expenses.

Members of the Board, while serving on business of the Board, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including traveltime, and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of Title 5 for persons in the Government service employed intermittently.

CODIFICATION

"Section 5703 of Title 5" was substituted for "section 73b-2 of Title 5" in subsec. (b), in view of Pub. L. 89-554, § 7(b), Sept. 6, 1966, 80 Stat. 631, section 1 of which enacted Title 5, Government Organization and Employees. TERMINATION OF ADVISORY BOARDS

Advisory Boards in existence on January 5, 1973, to terminate not later than the expiration of the two-year period following January 5, 1973, unless, in the case of a Board established by the President or an officer of the Federal Government, such Board is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a Board established by the Congress, its duration is otherwise provided by law, see sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 684 of this title.

Chapter 21.-HIGHER EDUCATION FACILITIES

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1232a of this title; title 40 App., section 214.

SS 711 to 721. Repealed. Pub. L. 92-318, title I, §161 (b)(2), June 23, 1972, 86 Stat. 303.

Secton 711, Pub. L. 88-204, title I, § 101, Dec. 16, 1963, 77 Stat. 364; Pub. L. 89-329, title VII, § 701(b), Nov. 8, 1965, 79 Stat. 1267; Pub. L. 89-752, § 2(a), (b), Nov. 3, 1966, 80 Stat. 1240; Pub. L. 90-575, title IV, § 401(a)(1), (2), Oct. 16, 1968, 82 Stat. 1059, authorized appropriations for grants for construction of undergraduate academic facilities.

Section 712, Pub. L. 88-204, title I, § 102, Dec. 16, 1963, 77 Stat. 364; Pub. L. 89-752, § 2(c), Nov. 3, 1966, 80 Stat. 1241 provided for allotment of funds.

Section 713, Pub. L. 88-204, title I, § 103, Dec. 16, 1963, 77 Stat. 365; Pub. L. 89-329, title VII, § 702 (a) (1), (2), Nov. 8, 1965, 79 Stat. 1267; Pub. L. 89-752, § 2 (d), Nov. 3, 1966, 80 Stat. 1241; Pub. L. 90-575, title IV, §§ 401(a) (4), 406(a), Oct. 16, 1968, 82 Stat. 1059, 1061, provided for allotments for public community colleges and technical institutes, providing in former subsec. (a) for basis of computation and minimum amount; subsec. (b) availability of funds; subsec. (c) reallotment of unreserved funds at close of fiscal year and factors considered; subsec. (d) allotment ratio, specification and promulgation thereof, and definition of high school graduate.

Section 714, Pub. L. 88-204, title I, § 104, Dec. 16, 1963, 77 Stat. 366; Pub. L. 89-329, title VII, § 702(b) (1), (2), Nov. 8, 1965, 79 Stat. 1267; Pub. L. 89-752, § 2(d), Nov. 3, 1966, 80 Stat. 1241; Pub. L. 90-575, title IV. §§ 401(a) (4), 406 (a), Oct. 16, 1968, 82 Stat. 1059, 1061, provided for allotments for institutions of higher education other than public community colleges and technical institutes, providing in former subsec. (a) for considerations and determinations affecting allotments and minimum; subsec. (b) availability of funds; and subsec. (c) reallotment of unreserved funds at close of fiscal year and factors considered.

Section 715, Pub. L. 88-204, title I, § 105, Dec. 16, 1963, 77 Stat. 366; Pub. L. 89-329, title VII, § 702(b) (1), (2), (b) (3), (c) (1), Nov. 8, 1965, 79 Stat. 1267, 1268; Pub. L. 89-752, § 3(a), Nov. 3, 1966, 80 Stat. 1241; Pub. L. 90575, title IV, § 401(a) (3), Oct. 16, 1968, 82 Stat. 1059, provided for State commissions and plans and authorized expenditures.

Section 716, Pub. L. 88-204, title I, § 106, Dec. 16, 1963, 77 Stat. 368; Pub. L. 89-329, title VII, § 701(a), Nov. 8, 1965, 79 Stat. 1266; Pub. L. 90-575, title IV, § 402(a) (1), (b)(1), Oct. 16, 1968, 82 Stat. 1059, 1060, related to eligibility of institutions for grants and expansion of student enrollment capacity.

Section 717, Pub. L. 88-204, title I, § 107, Dec. 16, 1963, 77 Stat. 368; Pub. L. 89-329, title VII, § 702(c) (2), Nov. 8, 1965, 79 Stat. 1268; Pub. L. 90-575, title IV, §§ 402 (a) (2), 405 (a), Oct. 16, 1968, 82 Stat. 1059, 1061, provided basic criteria for determining priorities and Federal share.

Section 718, Pub. L. 88-204, title I, § 108, Dec. 16, 1963, 77 Stat. 369; Pub. L. 90-575, title IV, § 402 (a) (3), Oct. 16, 1968, 82 Stat. 1059, related to applications for grants, providing in former subsec. (a) for submission of applications by institutions; subsec. (b) conditions for approval; and subsec. (c) amendments of applications. Section 719, Pub. L. 88-204, title I, § 109, Dec. 16, 1963, 77 Stat. 370, provided for reservation and payment of grant.

Section 720, Pub. L. 88-204, title I, § 110, Dec. 16, 1963, 77 Stat. 370, provided for disapproval of State plans, notice and hearing, findings of Commissioner, and notification of non-eligibility.

Section 721, Pub. L. 88-204, title I, § 111, Dec. 16, 1963, 77 Stat. 370, related to judicial review, providing in former subsec. (a) for appeal by State of Commissioner's final action to court of appeals; subsec. (b) findings of Commissioner conclusive if substantially supported, remand for taking further evidence, and new or modified findings conclusive if supported; subsec. (c) jurisdiction of court of appeals and review by Supreme Court.

Subject matter of former sections 711 to 721 of this title is now covered by section 1132a et seq. of this title. EFFECTIVE DATE OF REPEAL

Section 161(b)(2) of Pub. L. 92-318 provided that repeal of sections 711 to 721, 731, and 732 of this title shall be effective July 1, 1972.

SS 731, 732. Repealed. Pub. L. 92-318, title I, § 161 (b)(2), June 23, 1972, 86 Stat. 303.

Section 731, Pub. L. 88-204, title II, § 201, Dec. 16, 1963, 77 Stat. 371; Pub. L. 89-329, title VII, §§ 701(c), 702(d), Nov. 8, 1965, 79 Stat. 1267; Pub. L. 89-752, § 4, Nov. 3, 1966, 80 Stat. 1242; Pub. L. 90-575, title IV, § 401(b), Oct. 16, 1968, 82 Stat. 1059, authorized appropriations for grants for construction of graduate academic facilities and is now covered by section 1132b of this title.

Section 732, Pub. L. 88-204, title II, § 202, Dec. 16, 1963, 77 Stat. 371; Pub. L. 90-575, title II, § 291 (b)(2), title IV, § 405(b), Oct. 16, 1968, 82 Stat. 1050, 1061, related to grants, providing in former subsec. (a) for eligible institutions and requirement of an application; subsec. (b) maximum allowable percentile of development cost; subsec. (c) action by panel of specialists required for application approval and considerations affecting approval; and subsec. (d) maximum amount of payments in any fiscal year, and is now covered by section 1132b-1 of this title.

EFFECTIVE DATE OF REPEAL

Sections repealed effective July 1, 1972, see section 161 (b) (2) of Pub. L. 92-318, set out as a note under former sections 711 to 721 of this title.

§ 746. Repealed. Pub. L. 92-318, title I, § 161(b)(3), June 23, 1972, 86 Stat. 303.

Section, Pub. L. 88-204, title III, § 306, as added Pub. L. 90-575, title IV, § 403, Oct. 16, 1968, 82 Stat. 1060, related to annual interest grants, providing in: subsec. (a) for power of Commissioner; subsec. (b) for maximum period and amount and approval by Secretary; subsec. (c) for authorization of appropriations and limitation on aggregate amount of contracts; subsec. (d) for maximum amount of funds usable in one State; and subsec. (e) certain prerequisites and nature of financing. Subject matter is now covered by section 1132c-4 of this title. EFFECTIVE DATE OF REPEAL

Section 161(b)(3) of Pub. L. 92-318 provided that repeal of this section shall be effective July 1, 1972. § 758. Assistance for higher education construction in major disaster areas.

CODIFICATION

Section, Pub. L. 88-204, title IV, § 408, as added Pub. L. 89-769, § 7(a), Nov. 6, 1966, 80 Stat. 1318, and amended Pub. L. 90-21, title I, § 101, May 29, 1967, 81 Stat. 36; Pub. L. 90-575, title IV, § 404, Oct. 16, 1968, 82 Stat. 1061; Pub. L. 93-288, title VI, § 602(g), May 22, 1974, 88 Stat. 164, related to assistance for higher education construction in major disaster areas, and is now covered by section 1132d et seq. of this title.

Chapter 23.-TRAINING AND FELLOWSHIP PROGRAMS FOR COMMUNITY DEVELOPMENT

Sec.

803a. Project grants and contracts; authorization; purposes; application; contents; use of payments [New].

§ 801. Congressional findings and purpose.

(b) It is the purpose of this chapter to provide fellowships for the graduate training of professional city and regional planning, management, and housing specialists, and professionally trained personnel with a general capacity in urban affairs and problems: to make grants to and contracts with institutions of higher education (or combinations of such institutions) to assist them in planning, developing, strengthening, improving, or carrying out programs or projects for the preparation of graduate or professional students to enter the public service; and to assist and encourage the States and localities, in cooperation with public and private universities and colleges and urban centers and with business firms and associations, labor unions, and other interested associations and organizations, to (1) organize, initiate, develop, and expand programs which will provide special training in skills needed for economic and efficient community development to those technical, professional, and other persons with the capacity to

master and employ such skills who are, or are training to be, employed by a governmental or public body which has responsibility for community development, or by a private nonprofit organization which is conducting or has responsibility for housing and community development programs, and (2) support State and local research that is needed in connection with housing programs and needs, public improvement programing, code problems, efficient land use, urban transportation, and similar community development problems. (As amended Pub. L. 93-383, title IV, § 402(a), Aug. 22, 1974, 88 Stat. 691.) CODIFICATION

Section 402 of Pub. L. 93-383 provided for amendments to Title VIII of the Housing and Urban Development Act of 1964. The amendments of the enumerated sections of such Title VIII have been executed to comparable sections of Title VIII of the Housing Act of 1964 as the probable intent of Congress.

AMENDMENTS

1974 Subsec. (b). Pub. L. 93-383 expanded purposes of chapter to include graduate training in regional planning and for training of personnel with a general capacity in urban affairs and problems and authorizing grants and contracts with institutions of higher education for training of graduate or professional students.

§ 802. Fellowships for city planning, management, housing specialists, and persons with general capacity in urban affairs and problems; criteria; Urban Studies Fellowship Advisory Board; establishment; membership; meetings; functions; transportation expenses and per diem.

(a) The Secretary is authorized to provide fellowships for the graduate training of professional city planning, management, and housing specialists, and other persons who wish to develop a general capacity in urban affairs and problems as herein provided. Persons shall be selected for such fellowships solely on the basis of ability and upon the recommendation of the Urban Studies Fellowship Advisory Board established pursuant to subsection (b) of this section. Fellowships shall be solely for training in public and private nonprofit institutions of higher education having programs of graduate study in the field of city planning or in related fields (including architecture, civil engineering, economics, municipal filnance, public administration, urban affairs, and sociology) which programs are oriented to training for careers in city and regional planning, housing, urban renewal, and community development.

(As amended Pub. L. 93-383, title IV, § 402(b), Aug. 22, 1974, 88 Stat. 691.)

CODIFICATION

AMENDMENTS

1974 Subsec. (a). Pub. L. 93-383 expanded authority of Secretary to include fellowships in graduate training in city management and for persons wishing to develop a general capacity in urban affairs and added urban affairs to authorized fields of study.

TERMINATION OF ADVISORY BOARDS Advisory Boards in existence on January 5, 1973, to terminate not later than the expiration of the two-year

period following January 5, 1973, unless, in the case of a Board established by the President or an officer of the Federal Government, such Board is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a Board established by the Congress, its duration is otherwise provided for by law, see sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 803a. Project grants and contracts; authorization; purposes; application; contents; use of payments. (a) The Secretary is authorized to make grants to or contracts with institutions of higher education, or combinations of such institutions, to assist them in planning, developing, strengthening, improving, or carrying out programs or projects (1) for the preparation of graduate or professional students in the fields of city and regional planning and management, housing, and urban affairs, or (2) for research into, or development or demonstration of, improved methods of education for these professions. Such grants or contracts may include payment of all or part of the cost of programs or projects.

(b) (1) A grant or contract authorized by this section shall be made only upon application to the Secretary at such time or times and containing such information as he may prescribe, except that no such application shall be approved unless it—

(A) sets forth programs, activities, research, or development for which a grant is authorized under this section;

(B) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this subsection; and

(C) provides for making such reports, in such form and containing such information, as the Secretary may require to carry out his functions under this subsection, and for keeping such records and for affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports.

(2) Payments under this section may be used, in accordance with regulations of the Secretary, and subject to the terms and conditions set forth in an application approved under paragraph (1), to pay part of the compensation of students employed in professions referred to in subsection (a)(1) of this section, except students employed in any branch of the Government of the United States, as part of a program for which a grant has been approved pursuant to this subsection. (Pub. L. 88-560, title VIII, § 804, as added Pub. L. 93-383, title IV, § 402(c) (2), Aug. 22, 1974, 88 Stat. 692.)

CODIFICATION

§§ 804, 805.

Sections 804 and 805 of Pub. L. 88-560 were redesignated 805 and 806, respectively, by Pub. L. 93-383, title IV, § 402 (c) (1), Aug. 22, 1974, 88 Stat. 692.

§ 806. Authorization of appropriations; availability of funds.

There is authorized to be appropriated for the purpose of making grants and providing fellowships under this chapter, without fiscal year limitation not to exceed $30,000,000, which amount shall be increased by $3,500,000 on July 1, 1974, and by $3,500,000 on July 1, 1975. Any amounts appropriated under this section shall remain available until expended. (Pub. L. 88-560, title VIII, § 807, formerly § 806, as added Pub. L. 91-152, title III, § 307, Dec. 24, 1969, 83 Stat. 394, and renumbered and amended Pub. L. 93-383, title IV, § 402(c) (1), (d), Aug. 22, 1974, 88 Stat. 692.)

Sec.

880b-9. Training activities.

(a) Grants and contracts for personnel training, special training programs, and training institutes; fellowships: number, report to congressional committees; stipends; funds limitation; application for purposes of section 880b–1 (a) (4) (E) of this title.

(b) "Eligible applicants" defined.

PART B.-ADMINISTRATION

880b-10. Office of Bilingual Education.

(a) Execution of functions of Commissioner.
(b) Director of Bilingual Education; appoint-
ment; delegation of functions.

880b-11. National Advisory Council on Bilingual Education.

(a) Establishment; membership; Chairman;
qualifications; representation of inter-
ested persons and geographic areas.
(b) Meetings.

(d) Education personnel; Indians, preference.
(e) Information dissemination; program evalu-
tion.

(f) Applications for grants; time of submission; information; parental participation; participation of children on equitable basis; priority to Indian entities. (g) Authorization of appropriations. 887c-1. Special educational training programs for teachers of Indian children [New].

(a) Grants and contracts for special programs and projects: priority to Indian entities; fellowships and traineeships: preference to Indians; education allowance grants and contracts.

(b) Stipends and allowances to recipients of traineeships and fellowships.

887c-2. Fellowships for Indian students [New].

(a) Number for each fiscal year; graduate and professional program studles; academic year limitations; award of vacated fellowships for remainder of period.

(b) Stipends and allowances to recipients of fellowships.

(b) For the purpose of making grants under this subchapter, there are hereby authorized to be appropriated the sum of $100,000,000 for the fiscal year ending June 30, 1966, $125,000,000 for the fiscal ending June 30, 1967, $150,000,000 for the fiscal year ending June 30, 1968, $162,500,000 for the fiscal year ending June 30, 1969, $200,000,000 for each of the fiscal years ending June 30, 1970, and June 30, 1971, $210,000,000 for the fiscal year ending June 30, 1972, and $220,000,000 for the fiscal year ending June 30, 1973, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part B of title IV. (As amended Pub. L. 93-380, title I, § 102 (a), Aug. 21, 1974, 88 Stat. 501.)

REFERENCES IN TEXT

Part B of title IV, referred to in subsec. (b), is classifiled to section 1821 of this title.

AMENDMENTS

1974 Subsec. (b). Pub. L. 93-380 authorized appropripriations of $220,000,000 for fiscal years ending June 30, 1974, through 1978, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part B of title IV.

EFFECTIVE DATE OF 1974 AMENDMENT Section 102(c) of Pub. L. 93-380 provided that: "The amendments made by this section [to subsec. (b) of this section and section 822(a) (1) of this title] shall be effective on and after July 1, 1973."

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