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I
116TH CONGRESS
1ST SESSION H. R. 3377
To amend the Homeland Security Act of 2002 to establish in the Department
of Homeland Security the Biometric Identification Transnational Migra-
tion Alert Program, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 20, 2019
Mr. MCCAUL (for himself, Mr. CUELLAR, Mr. ROGERS of Alabama, and Mr.
KEATING) introduced the following bill; which was referred to the Com-
mittee on Homeland Security
A BILL
To amend the Homeland Security Act of 2002 to establish
in the Department of Homeland Security the Biometric
Identification Transnational Migration Alert Program,
and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Biometric Identifica-
4
tion Transnational Migration Alert Program Authoriza-
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tion Act of 2019’’.
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•HR 3377 IH
SEC. 2. BIOMETRIC IDENTIFICATION TRANSNATIONAL MI-
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GRATION ALERT PROGRAM.
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(a) IN GENERAL.—Subtitle D of title IV of the
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Homeland Security Act of 2002 (6 U.S.C. 251 et seq.)
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is amended by adding at the end the following new section:
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‘‘SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL
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MIGRATION ALERT PROGRAM.
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‘‘(a) ESTABLISHMENT.—There is established in the
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Department a program to be known as the ‘Biometric
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Identification Transnational Migration Alert Program’
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(referred to in this section as ‘BITMAP’) to address and
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reduce national security, border security, and terrorist
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threats before such threats reach the international border
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of the United States.
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‘‘(b) DUTIES.—In carrying out BITMAP operations,
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the Secretary, acting through the Director of U.S. Immi-
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gration and Customs Enforcement, shall—
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‘‘(1) coordinate, in consultation with the Sec-
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retary of State, appropriate representatives of for-
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eign governments, and the heads of other Federal
20
agencies, as appropriate, to facilitate the voluntary
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sharing of biometric and biographic information col-
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lected from foreign nationals for the purpose of iden-
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tifying and screening such nationals to identify those
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nationals who may pose a terrorist threat or a threat
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to national security or border security;
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•HR 3377 IH
‘‘(2) provide capabilities, including training and
1
equipment, to partner countries to voluntarily collect
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biometric and biographic identification data from in-
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dividuals to identify, prevent, detect, and interdict
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high risk individuals identified as national security,
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border security, or terrorist threats who may at-
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tempt to enter the United States utilizing illicit
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pathways;
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‘‘(3) provide capabilities, including training and
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equipment, to partner countries to compare foreign
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data against appropriate United States national se-
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curity, border security, terrorist, immigration, and
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counter-terrorism data, including—
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‘‘(A) the Federal Bureau of Investigation’s
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Terrorist Screening Database, or successor
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database;
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‘‘(B) the Federal Bureau of Investigation’s
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Next Generation Identification database, or suc-
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cessor database;
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‘‘(C) the Department of Defense Auto-
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mated Biometric Identification System (com-
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monly known as ‘ABIS’), or successor database;
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‘‘(D) the Department’s Automated Biomet-
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ric Identification System (commonly known as
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‘IDENT’), or successor database; and
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‘‘(E) any other database, notice, or means
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that the Secretary, in consultation with the
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heads of other Federal departments and agen-
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cies responsible for such databases, notices, or
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means, designates;
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‘‘(4) provide partner countries with training,
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guidance, and best practices recommendations re-
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garding the enrollment of individuals in BITMAP;
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and
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‘‘(5) ensure biometric and biographic identifica-
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tion data collected pursuant to BITMAP are incor-
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porated into appropriate United States Government
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databases, in compliance with the policies and proce-
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dures established by the Privacy Officer appointed
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under section 222.
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‘‘(c) COLLABORATION.—The Secretary shall ensure
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that BITMAP operations include participation from rel-
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evant components of the Department, and request partici-
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pation from other Federal agencies, as appropriate. Not-
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withstanding any other provision of law, the Secretary
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may enter into agreements related to such participation
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on a reimbursable or non-reimbursable basis, as appro-
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priate.
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‘‘(d) AGREEMENTS.—Before carrying out BITMAP
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operations in a foreign country that, as of the date of the
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•HR 3377 IH
enactment of this section, was not a partner country de-
1
scribed in this section, the Secretary, in consultation with
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the Secretary of State, shall enter into agreement or ar-
3
rangement with the government of such country that sets
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forth program goals for such country, includes training,
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guidance, and best practices recommendations regarding
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the enrollment of individuals in BITMAP, and outlines
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such operations in such country, including related depart-
8
mental operations. Such country shall be a partner coun-
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try described in this section pursuant to and for purposes
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of such agreement or arrangement.
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‘‘(e) NOTIFICATION TO CONGRESS.—Not later than
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60 days before an agreement or arrangement with the gov-
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ernment of a foreign country to carry out BITMAP oper-
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ations in such foreign country enters into force, the Sec-
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retary shall provide the Committee on Homeland Security
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of the House of Representatives and the Committee on
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Homeland Security and Governmental Affairs of the Sen-
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ate with a copy of such agreement or arrangement to es-
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tablish such operations, including the following:
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‘‘(1) The identification of the foreign country
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with which the Secretary intends to enter into such
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an agreement or arrangement.
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‘‘(2) The location at which such operations will
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be conducted.
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•HR 3377 IH
‘‘(3) Goals for BITMAP operations in the for-
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eign country.
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‘‘(4) The terms and conditions for Department
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personnel operating at such location.
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‘‘(f) CAPTURED INFORMATION OF UNITED STATES
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CITIZENS.—The Secretary shall ensure that any biometric
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and biographic identification data of United States citi-
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zens that is captured by BITMAP operations is expunged
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from all databases to which such data was uploaded, un-
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less such data is retained for specific law enforcement or
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intelligence purposes.’’.
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(b) REPORT.—Not later than 180 days after the date
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on which the Biometric Identification Transnational Mi-
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gration Alert Program (BITMAP) is established under
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section 447 of the Homeland Security Act of 2002 (as
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added by subsection (a) of this section) and annually
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thereafter for the following five years, the Secretary of
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Homeland Security shall submit to the Committee on
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Homeland Security of the House of Representatives and
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the Committee on Homeland Security and Governmental
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Affairs of the Senate a report that—
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(1) outlines the strategic goals and operational
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plans for BITMAP;
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(2) outlines key efforts and the progress made
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with each partner country;
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•HR 3377 IH
(3) provides a description of the agreement or
1
arrangement with the government of each partner
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country, if practicable;
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(4) provides budget information related to ex-
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penditures in support of BITMAP, including the
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source of funding and anticipated expenditures;
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(5) sets forth Department of Homeland Secu-
7
rity personnel, equipment, and infrastructure sup-
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port to be used by BITMAP, broken down by coun-
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try and number;
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(6) includes the number of individuals each
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partner country enrolled into BITMAP during the
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reporting period, broken down by key categories, as
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determined by U.S. Immigration and Customs En-
14
forcement;
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(7) includes the training, guidance, and best
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practices recommendations provided pursuant to
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subsection (b)(4) of such section 447;
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(8) includes a review of the redress process for
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BITMAP; and
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(9) details the effectiveness of BITMAP oper-
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ations in enhancing national security, border secu-
22
rity, and counterterrorism operations.
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(c) BRIEFINGS.—Not later than 30 days after each
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report is submitted pursuant to subsection (b), the Sec-
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•HR 3377 IH
retary of Homeland Security shall brief the Committee on
1
Homeland Security and Governmental Affairs of the Sen-
2
ate and the Committee on Homeland Security of the
3
House of Representatives regarding—
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(1) individuals enrolled in BITMAP who have
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been apprehended at the United States border or in
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the interior of the United States; and
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(2) asylum claims that were submitted by indi-
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viduals who are enrolled in BITMAP.
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(d) GAO AUDIT.—Not later than six months after
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the date of the enactment of this Act and every three years
11
thereafter, the Comptroller General of the United States
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shall—
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(1) conduct an audit that analyzes the effective-
14
ness of BITMAP operations; and
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(2) submit to the Committee on Homeland Se-
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curity and Governmental Affairs of the Senate and
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the Committee on Homeland Security of the House
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of Representatives a report containing the results of
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such audit.
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(e) SUNSET.—Section 447 of the Homeland Security
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Act of 2002, as added by subsection (a), shall be repealed
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on the date that is six years after the date of the enact-
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ment of this Act.
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•HR 3377 IH
(f) CLERICAL AMENDMENT.—The table of contents
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in section 1(b) of the Homeland Security Act of 2002 is
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amended by inserting after the item relating to section
3
446 the following new item:
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‘‘Sec. 447. Biometric Identification Transnational Migration Alert Program.’’.
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