Senator Paul Simon Water for the World Act of 2012 - Amends the Foreign Assistance Act of 1961 to direct: (1) the Administrator of the United States Agency for International Development (USAID) to designate a Global Water Coordinator to coordinate and oversee water, sanitation, and hygiene assistance, and (2) the Secretary of State to designate a Special Advisor for Water Resources to coordinate and oversee policy relating to water and sanitation assistance.
Sets forth principles to ensure that water, sanitation, and hygiene projects carried out under the Foreign Assistance Act of 1961 and the Senator Paul Simon Water for the Poor Act of 2005 achieve maximum impact.
Amends the Senator Paul Simon Water for the Poor Act of 2005 regarding the strategy to further the U.S. foreign assistance objective to provide access to safe water and sanitation in developing countries to: (1) transfer primary authority from the Secretary to USAID, (2) include hygiene, and (3) include designation of high priority countries.
Directs the Administrator to maintain a webpage for information on U.S. water, sanitation, and hygiene foreign assistance programs.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3658 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3658
To strengthen implementation of the Senator Paul Simon Water for the
Poor Act of 2005, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 14, 2011
Mr. Blumenauer (for himself, Mr. Poe of Texas, Mr. Payne, Mr. Burton of
Indiana, Mr. Carnahan, Mr. Sires, Mr. McCaul, Mr. Berman, Mr. McGovern,
Mr. Conyers, Ms. Bass of California, Ms. Lee of California, and Mr.
Smith of Washington) introduced the following bill; which was referred
to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To strengthen implementation of the Senator Paul Simon Water for the
Poor Act of 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senator Paul Simon Water for the
World Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Senator Paul Simon Water for the Poor Act of 2005
(Public Law 109-121)--
(A) makes access to safe water and sanitation for
developing countries a specific policy objective of
United States foreign assistance programs;
(B) requires the Secretary of State to--
(i) develop a strategy to elevate the role
of water and sanitation policy; and
(ii) improve the effectiveness of United
States assistance programs undertaken in
support of that strategy;
(C) codifies Target 10 of the United Nations
Millennium Development Goals; and
(D) seeks to reduce by half between 1990 (the
baseline year) and 2015--
(i) the proportion of people who are unable
to reach or afford safe drinking water; and
(ii) the proportion of people without
access to basic sanitation.
(2) For maximum effectiveness of assistance, safe drinking
water, sanitation, and hygiene must be coordinated with and
integrated into programs and strategies for food security,
global health, environment, education, and gender equality.
(3) On August 1, 2008, Congress passed H. Con. Res. 318,
which--
(A) supports the goals and ideals of the
International Year of Sanitation; and
(B) recognizes the importance of sanitation on
public health, poverty reduction, economic and social
development, and the environment.
(4) While progress is being made on safe water and
sanitation efforts--
(A) more than 884,000,000 people throughout the
world lack access to safe drinking water; and
(B) 2 of every 5 people in the world do not have
access to basic sanitation services.
(5) The health consequences of unsafe drinking water and
poor sanitation are significant--
(A) at any given time, half of the world's hospital
beds are occupied by patients suffering from diseases
associated with lack of access to safe drinking water,
inadequate sanitation and poor hygiene;
(B) more than 3,575,000 people die each year from
water-related disease; and
(C) chronic or acute diarrhea can lead to cognitive
delays, with severe repercussions for economic
development.
(6) Clean water and sanitation are among the most powerful
drivers for human development. They extend opportunity, enhance
dignity, and help create a virtuous cycle of improving health
and rising wealth.
(7) Diseases linked to unsafe water and poor sanitation, as
well as the time and energy women often devote to collecting
water, significantly reduce economic productivity in less
developed countries and promote lifecycles of disadvantage.
(8) Expanding access to clean water and sanitation is
essential for reducing the global burden of disease, advancing
economic and social development, protecting basic human rights,
prevention of violence against women, and mitigating sources of
conflict.
(9) Nearly 1,000,000,000 people across the globe still
suffer from chronic hunger. Water scarcity and poor water
management reduce agricultural productivity and threaten food
security.
(10) Approximately half the world's population lives in
cities, often in slums characterized by unsafe water, poor
sanitation, lack of basic services, overcrowding, inferior
construction and insecure tenure.
(11) According to the 2005 Millennium Ecosystem Assessment,
commissioned by the United Nations, more than \1/5\ of the
world population relies on freshwater that is either polluted
or excessively withdrawn.
(12) According to the United Nations, women make up 70
percent of the world's poor. Yet, the time they spend
collecting water prevents them from undertaking other
activities, such as generating income or attending school.
(13) A lack of access to safe water and improved sanitation
close to home and at school can impact girls' educational
attainment and retention, limiting their ability to break the
cycle of poverty. Research has found increases in girls' school
enrollment when clean water points were installed closer to
home, and increases in girls' school attendance when separate
latrines for boys and girls were provided on site. Meeting the
water and sanitation targets of the Millennium Development
Goals would provide an estimated 272,000,000 additional school
days per year.
(14) A lack of water points close to home or safe, private
latrines can put women and girls in isolated situations, making
them more vulnerable to sexual and physical violence. Violence
against women and girls has consequences ranging from
psychosocial trauma to heightened risk of HIV/AIDS.
(15) Faith communities across the United States contribute
significantly to the improvement of water, sanitation, and
hygiene in developing countries. By applying their expertise,
providing services, building the capacity of local
organizations, establishing long-term partnerships with local
communities, empowering marginalized groups, and serving as a
voice for the poor, faith-based and nonprofit organizations
complement and leverage assistance provided by the United
States Government.
(16) United States businesses have developed key
technologies, donated goods and services, partnered with
private and public sector entities, and invested their capital
to improve water and sanitation in many developing countries.
(17) Implementation of the Senator Paul Simon Water for the
Poor Act of 2005 must be significantly strengthened if the
purposes of section 136 of the Foreign Assistance Act, as
redesignated and amended by section 4 of this Act, are to be
met.
(18) The monitoring and evaluation of the performance of
United States foreign assistance programs and their
contribution to policy, strategies, projects, program goals,
and priorities undertaken by the Federal Government is
essential to improving aid effectiveness.
SEC. 3. PURPOSE.
The purpose of this Act and the amendments made by this Act is to
strengthen implementation of the Senator Paul Simon Water for the Poor
Act of 2005 (Public Law 109-121) by--
(1) improving coordination and oversight of water,
sanitation, and hygiene programs within and between United
States Government agencies;
(2) increasing the sustainability of United States
Government-supported water, sanitation, and hygiene programs;
(3) enhancing water, sanitation, and hygiene expertise
within the United States Agency for International Development;
and
(4) integrating water and sanitation into programs and
strategies for food security, global health, environment,
education, and gender equality.
SEC. 4. IMPROVING COORDINATION AND OVERSIGHT OF SAFE WATER, SANITATION,
AND HYGIENE PROJECTS AND ACTIVITIES.
(a) In General.--Chapter 1 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) is amended--
(1) by redesignating section 135, as added by section 5(a)
of the Senator Paul Simon Water for the Poor Act of 2005
(Public Law 109-121; 119 Stat. 2536), as section 136; and
(2) in section 136, as redesignated by paragraph (1) of
this section--
(A) in the section heading, by striking ``and
sanitation'' and inserting ``, sanitation, and
hygiene'';
(B) in subsection (b), by striking ``and
sanitation'' and inserting ``, sanitation, and
hygiene''; and
(C) by adding at the end the following:
``(e) Global Water Coordinator.--
``(1) In general.--The Administrator of the United States
Agency for International Development (USAID) shall designate a
senior advisor to coordinate and oversee water, sanitation, and
hygiene assistance, who shall be known as the `Global Water
Coordinator', and who shall report directly to the
Administrator and the Assistant Administrator overseeing water
programs.
``(2) Duties.--The Global Water Coordinator shall--
``(A) oversee implementation of this section and
the Senator Paul Simon Water for the Poor Act of 2005
(Public Law 109-121);
``(B) lead the development of the safe water and
sanitation strategy required under section 6 of the
Senator Paul Simon Water for the Poor Act of 2005;
``(C) assist and monitor the development of
country-specific water strategies in coordination with
relevant USAID Mission Directors and other appropriate
personnel;
``(D) integrate water, sanitation, and hygiene
activities into global and country-specific strategies
and programs, including those relating to food
security, global health, environment, education, and
gender equality;
``(E) develop appropriate benchmarks, indicators,
and guidelines for monitoring and evaluation of water
and sanitation programs as required under section 8 of
the Senator Paul Simon Water for the World Act of 2012;
and
``(F) foster the development, dissemination, and
increased and consistent use of low-cost and
sustainable technologies, public and private
partnerships, credit guarantees and other financing
arrangements that leverage non-Federal funds for impact
on water, sanitation, and hygiene services that benefit
the poor.
``(3) Staff.--The Administrator shall ensure that a
sufficient number of employees of USAID with appropriate
experience are assigned to assist the Global Water Coordinator
in carrying out the duties of paragraph (2).
``(f) Special Advisor for Water Resources.--
``(1) In general.--The Secretary of State shall designate a
senior advisor to coordinate and oversee policy relating to
water and sanitation assistance, who shall be known as the
`Special Advisor for Water Resources', and who shall report
directly to the Secretary of State and the Under Secretary
overseeing water programs.
``(2) Duties.--The Special Advisor for Water Resources
shall--
``(A) oversee and coordinate the diplomatic policy
of the United States Government with respect to global
freshwater issues, including--
``(i) working with partner countries and
other stakeholders to develop and sustain
political commitment to improving access to
water, sanitation, and hygiene over the long
term, and mitigating cross-border conflict;
``(ii) assisting and encouraging other
countries and international organizations to
plan and manage water resources in an
efficient, transparent, equitable, inclusive,
and environmentally sustainable manner;
``(iii) fostering regional and cross-border
cooperation for integrated river basin and
watershed management;
``(iv) mitigating transboundary conflict
over water resources;
``(v) fostering integrated river basin and
watershed management; and
``(vi) fostering agricultural and urban
productivity of water resources; and
``(B) promote United States policy relating to
international freshwater issues in key diplomatic and
scientific forums.
``(3) Staff.--The Secretary of State shall ensure that a
sufficient number of employees of the Department of State with
appropriate experience are assigned to assist the Special
Advisor for Water Resources in carrying out the duties of
paragraph (2).''.
(b) Interagency Consultation and Coordination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the United States
Agency for International Development and the Secretary of State
shall develop and implement a process to ensure regular
consultation and coordination between the Global Water
Coordinator and the Special Advisor for Water Resources so that
their efforts are complimentary and in support of the safe
water and sanitation strategy.
(2) Matters to be included.--This process required under
paragraph (1) should include jointly convened meetings with any
Federal department or agency administering United States water,
sanitation, and hygiene programs to evaluate progress in
carrying out the safe water and sanitation strategy.
(3) Definitions.--In this subsection--
(A) the term ``Global Water Coordinator'' means the
Global Water Coordinator designated under section
136(e) of the Foreign Assistance Act of 1961, as added
by subsection (a)(2) of this section;
(B) the term ``Special Advisor for Water
Resources'' means the Special Advisor for Water
Resources designated under section 136(f) of the
Foreign Assistance Act of 1961, as added by subsection
(a)(2) of this section; and
(C) the term ``safe water and sanitation strategy''
means the strategy required under section 6 of the
Senator Paul Simon Water for the Poor Act of 2005.
SEC. 5. INCREASING SUSTAINABILITY OF SAFE WATER, SANITATION, AND
HYGIENE PROJECTS AND ACTIVITIES.
(a) Principles.--In order to ensure that water, sanitation, and
hygiene projects and activities carried out under the authorities of
section 136 of the Foreign Assistance Act of 1961, as redesignated and
amended by section 4 of this Act, and the Senator Paul Simon Water for
the Poor Act of 2005 (Public Law 109-121) achieve maximum impact and
continue to deliver lasting benefits after completion, such projects
and activities shall be carried out in accordance with the following
principles:
(1) Projects and activities should be targeted to the
poorest and most vulnerable countries and communities,
including women and girls, displaced persons and refugees, and
other marginalized populations.
(2) Projects and activities should be designed in
consultation with a broad range of local and national
stakeholders, including communities directly affected by a lack
of access to clean water, sanitation or hygiene,
nongovernmental organizations, cooperatives, foundations,
universities, private sector entities, and women-focused
organizations.
(3) Projects and activities should be designed wherever
possible to be commercially viable over the long term, and
undertaken in conjunction with private enterprise.
(4) Governments of countries in which projects and
activities are carried out should identify revenue streams
sufficient to cover the costs of maintaining public equipment
and services with respect to such projects and activities over
the long term.
(5) Projects and activities should provide for a
functioning management and maintenance system comprising tools,
supply chains, transport, equipment, training and individuals
or institutions with clear responsibilities for achieving
sustainability.
(6) With respect to projects and activities that are
managed by communities or institutions, effective external
support should be provided to such communities or institutions.
(7) Projects should be designed to foster sustainable water
management in order to ensure the long-term sustainability of
each such project and to mitigate any negative environmental
impacts.
(8) Access to water and sanitation should be expanded in an
equitable manner and on the basis of need, without regard to
race, gender, religion, or ethnic origin.
(b) Local Ownership.--The Administrator of the United States Agency
for International Development shall establish guidelines and procedures
to ensure that--
(1) a broad range of local and national stakeholders is
consulted in the development of any country-specific water
strategy;
(2) any water, sanitation, and hygiene projects and
activities authorized under each such strategy are designed to
address the specific needs of women and girls; and
(3) local civil society organizations, including nonprofit
organizations as well as businesses, are full participants in
the selection and design, implementation, monitoring, and
evaluation of water, sanitation, and hygiene projects and
activities.
(c) Local Procurement.--
(1) Authority.--In providing assistance under the
authorities of section 136 of the Foreign Assistance Act of
1961, as redesignated and amended by section 4 of this Act, the
Administrator of the United States Agency for International
Development is authorized to award contracts and other
acquisition instruments on a non-competitive basis to local
entities in high priority countries to carry out safe water,
sanitation, and hygiene projects and activities in such
countries.
(2) Limitation.--A contract or other instrument described
in paragraph (1) may not have a value that exceeds $5,000,000.
(3) Supersedes other laws.--The Administrator of the United
States Agency for International Development may exercise the
authority of paragraph (1) notwithstanding any other provision
of law.
(4) Definitions.--In this subsection--
(A) the term ``high priority country'' means a
country designated pursuant to section 6 of the Senator
Paul Simon Water for the Poor Act of 2005; and
(B) the term ``local entity'' means an individual,
corporation, or other entity that--
(i) is organized under the laws of the high
priority country;
(ii) has its principal place of business or
operations in such country; and
(iii) is owned or controlled by citizens of
such country.
(5) Funding.--Funds made available to carry out the Senator
Paul Simon Water for the Poor Act of 2005 for any fiscal year
are authorized to be made available to carry out this
subsection.
(d) Retention of Interest.--
(1) Authority.--In providing assistance under the
authorities of section 136 of the Foreign Assistance Act of
1961, as redesignated and amended by section 4 of this Act, the
Administrator of the United States Agency for International
Development is authorized to enter into agreements with
indigenous local private or public groups, associations, or
other entities in high priority countries to provide for the
retention by such group, association, or other entity, without
deposit in the Treasury of the United States and without
further appropriation by law, of interest earned on such
assistance so provided.
(2) Limitation.--An agreement described in paragraph (1)
may not have a value that exceeds $5,000,000.
(3) Use of interest.--Any interest earned on the advance of
funds under an agreement authorized under paragraph (1) may be
used only for the purposes for which the agreement is made.
(4) Audits.--The Administrator shall, on a regular and
recurring basis, audit interest earned on advance funds under
an agreement authorized under paragraph (1) to ensure that the
requirements of paragraph (3) are met.
(5) Definition.--In this subsection, the term ``high
priority country'' means a country designated pursuant to
section 6 of the Senator Paul Simon Water for the Poor Act of
2005.
SEC. 6. SAFE WATER, SANITATION, AND HYGIENE STRATEGY.
Section 6 of the Senator Paul Simon Water for the Poor Act of 2005
(22 U.S.C. 2152h note) is amended--
(1) in the section heading, by striking ``and sanitation''
and inserting ``, sanitation, and hygiene'';
(2) in subsection (a)--
(A) by striking ``Secretary of State'' and
inserting ``Administrator of the United States Agency
for International Development'';
(B) by striking ``shall develop a strategy'' and
inserting ``shall, not later than January 1, 2013, and
every four years thereafter, develop a strategy for the
next four years'';
(C) by striking ``and sanitation'' and inserting
``, sanitation, and hygiene''; and
(D) by striking ``section 135 of the Foreign
Assistance Act of 1961, as added by section 5(a) of
this Act'' and inserting ``section 136 of the Foreign
Assistance Act of 1961, as amended by the Senator Paul
Simon Water for the World Act of 2012'';
(3) in subsection (b), by striking ``Administrator of the
United States Agency for International Development'' and
inserting ``Secretary of State'';
(4) in subsection (c), by striking ``Secretary of State''
and inserting ``President'';
(5) in subsection (e)--
(A) by striking ``and sanitation'' each place it
appears and inserting ``, sanitation, and hygiene'';
(B) in paragraph (5), by striking ``and'' at the
end;
(C) in paragraph (6), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(7) best practices for mobilizing and leveraging the
financial and technical capacity of multilateral institutions,
business, local governments, nongovernmental organizations, and
civil society in forming public-private partnerships that
measurably increase access to safe and affordable drinking
water, sanitation, and hygiene;
``(8) the number, types, and level of specialists and
generalists currently employed and projected to be needed in
each functional and geographic area, including support,
management, and administrative functions, to carry out the
strategy; and
``(9) the assumptions regarding program and policy
priorities and budget levels on which the strategy is based.'';
(6) in subsection (f) to read as follows:
``(f) Designation of High Priority Countries.--
``(1) Designation.--The strategy required by subsection (a)
shall further include the designation of high priority
countries for assistance under section 136 of the Foreign
Assistance Act of 1961, as amended by the Senator Paul Simon
Water for the World Act of 2012.
``(2) Criteria.--Each designation of a high priority
country described in paragraph (1) shall be made on the basis
of--
``(A) countries and communities in countries in
which the need for increased access to safe water,
sanitation, and hygiene is greatest; and
``(B) countries and communities in countries in
which assistance under such section can be expected to
make the greatest difference in promoting good health,
economic development, poverty reduction, women's
empowerment, conflict prevention, and environmental
sustainability.
``(3) Sense of congress.--It is the sense of Congress that
each designation of a high priority country described in
paragraph (1) should conform to the goals and objectives in the
country's multi-year development strategy.'';
(7) by striking subsection (g); and
(8) by inserting after subsection (f) the following:
``(g) Actions With Respect to High Priority Countries.--For each
country that is designated as a high priority country, the United
States Agency for International Development's Mission Director for such
country shall--
``(1) designate sustainably increasing access to safe
drinking water and sanitation as a strategic objective,
reflected in country-specific strategies that incorporate
sustainable water management goals and targets; and
``(2) integrate, where appropriate, investments in water,
sanitation, and hygiene with investments in food security,
global health, environment and sustainable water management,
education, and gender equality.''.
SEC. 7. TRANSPARENCY AND MONITORING AND EVALUATION.
Section 7 of the Senator Paul Simon Water for the Poor Act of 2005
(22 U.S.C. 2152h note) is amended by striking section 7 and inserting
the following:
``SEC. 7. TRANSPARENCY AND MONITORING AND EVALUATION.
``(a) Transparency.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the Senator Paul Simon Water for the World Act
of 2012, the Administrator of the United States Agency for
International Development shall, as part of the Agency's
Internet Website, establish and maintain a Webpage to make
publicly available comprehensive, timely, comparable, and
accessible information on United States water, sanitation, and
hygiene foreign assistance programs. The head of each Federal
department or agency that administers such programs shall on a
regular basis publish and update on the Webpage such
information with respect to programs of the department or
agency.
``(2) Matters to be included.--
``(A) In general.--To ensure transparency,
accountability, and effectiveness of United States
water, sanitation, and hygiene foreign assistance
programs, the information required by paragraph (1)
shall include--
``(i) the strategy required by section 6;
``(ii) the multi-year development strategy
of each developing country under section 6(a);
``(iii) an identification of each country
designated as a high priority country under
section 6(f), including a fully articulated
rationale of why the country received the
designation;
``(iv) a summary of the guidelines and
procedures as required by section 5(b) of the
Senator Paul Simon Water for the World Act of
2012;
``(v) for each fiscal year, information on
the amount of funds expended in each country or
program, disaggregated by purpose of
assistance, including information on capital
investments, and the source of such funds by
account; and
``(vi) evaluations of water, sanitation,
and hygiene programs, if any.
``(B) Posting requirements.--Such information shall
be published on the Webpage not later than 30 days
after the date of issuance of the information and shall
be continuously updated.
``(C) Report in lieu of inclusion.--If the head of
a Federal department or agency described in paragraph
(1) makes a determination that the inclusion of a
required item of information on the Webpage would
jeopardize the health or security of an implementing
partner or program beneficiary or would be detrimental
to the national interests of the United States, such
item of information may be submitted to Congress in a
written report in lieu of including it on the Webpage,
along with the reasons for not including it on the
Webpage.
``(3) Database.--The Webpage shall also contain a link to a
searchable database available to the public containing such
information relating to the current fiscal year and, as
available, for each prior fiscal year dating to and including
fiscal year 2006.
``(4) Form.--Such information shall be published on the
Webpage in unclassified form. Any information determined to be
classified information may be submitted to Congress in
classified form and an unclassified summary of such information
shall be published on the Webpage.
``(b) Monitoring and Evaluation.--
``(1) In general.--The head of each Federal department or
agency that administers United States water, sanitation, and
hygiene foreign assistance programs shall monitor and evaluate
projects and activities carried out under such programs,
including carrying out assessments of impact where appropriate,
and ensuring results of evaluations are used to inform the
design of such projects and activities. Such monitoring and
evaluations shall be carried our in accordance with the
principles described in section 5(a) of the Senator Paul Simon
Water for the World Act of 2012.
``(2) Definitions.--In this subsection:
``(A) Monitoring.--The term `monitoring' means,
with respect to a United States water, sanitation, or
hygiene foreign assistance program, a continuing
function that uses systematic collection of data on
specified indicators to provide management and the main
stakeholders of an ongoing development intervention
with indications of the extent of progress and
achievement of objectives and progress in the use of
allocated funds.
``(B) Evaluation.--The term `evaluation' means,
with respect to a United States water, sanitation, or
hygiene foreign assistance program, the systematic
collection and analysis of information about the
characteristics and outcomes of the program and
projects under the program as a basis for judgments, to
improve effectiveness, and to inform decisions about
current and future programming, including an
explanation of the reasons for or causes of the
observed results.''.
SEC. 8. REPORT ON CAPACITY AND EXPERTISE.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report assessing the capacity of United States Government to carry out
and fully implement this Act, the Senator Paul Simon Water for the Poor
Act of 2005 (Public Law 109-121), as amended by this Act, and section
136 of the Foreign Assistance Act of 1961, as amended by this Act. Such
assessment shall give special focus to--
(1) evaluating the sufficiency of training programs at both
the bureau and mission levels as they relate to providing long-
term, sustainable access to water, sanitation, and hygiene;
(2) identifying overall levels of staff expertise on water,
sanitation, and hygiene development assistance and where
additional expertise may be needed;
(3) identifying barriers to implementation;
(4) identifying options for and the estimated costs
associated with remedying the problems identified in the
report; and
(5) evaluate the degree to which assistance is targeted
towards high priority countries, as defined by section 6(f) of
the Paul Simon Water for the Poor Act of 2005 (Public Law 109-
121).
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E2254)
Referred to the House Committee on Foreign Affairs.
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