II 

117TH CONGRESS 

1ST SESSION S. 2934 

To amend the Trade Expansion Act of 1962 to impose limitations on the 

authority of the President to adjust imports that are determined to 

threaten to impair national security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 5, 2021 

Mr. TOOMEY (for himself, Mr. WARNER, Mr. CARPER, Mr. CORNYN, Mr. 

CRAPO, Mrs. FEINSTEIN, Mr. GRASSLEY, Ms. HASSAN, Mr. JOHNSON, 

Mr. KAINE, Mr. KING, Mr. LANKFORD, Mr. LEE, Mr. MORAN, Mr. 

SASSE, Mr. SCHATZ, Mr. SCOTT of South Carolina, Mrs. SHAHEEN, and 

Mr. TILLIS) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Trade Expansion Act of 1962 to impose 

limitations on the authority of the President to adjust 

imports that are determined to threaten to impair national security, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bicameral Congres5 sional Trade Authority Act of 2021’’. 


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1 SEC. 2. LIMITATIONS ON AUTHORITY OF PRESIDENT TO AD2 JUST IMPORTS DETERMINED TO THREATEN 

3 TO IMPAIR NATIONAL SECURITY. 

4 (a) LIMITATION ON ARTICLES FOR WHICH ACTION

5 MAY BE TAKEN.—Section 232 of the Trade Expansion 

6 Act of 1962 (19 U.S.C. 1862) is amended— 

7 (1) by striking ‘‘an article’’ each place it ap8 pears and inserting ‘‘a covered article’’; 

9 (2) by striking ‘‘any article’’ each place it ap10 pears and inserting ‘‘any covered article’’; 

11 (3) by striking ‘‘the article’’ each place it ap12 pears and inserting ‘‘the covered article’’; 

13 (4) in the first subsection (d), by striking ‘‘In 

14 the administration’’ and all that follow through ‘‘na15 tional security.’’; and 

16 (5) by adding at the end the following: 

17 ‘‘(i) DEFINITIONS.—In this section: 

18 ‘‘(1) COVERED ARTICLE.—The term ‘covered 

19 article’ means an article related to the development, 

20 maintenance, or protection of military equipment, 

21 energy resources, or critical infrastructure essential 

22 to national security. 

23 ‘‘(2) NATIONAL SECURITY.—The term ‘national 

24 security’— 

25 ‘‘(A) means the protection of the United 

26 States from foreign aggression; and 


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1 ‘‘(B) does not otherwise include the protec2 tion of the general welfare of the United 

3 States.’’. 

4 (b) RESPONSIBILITY OF SECRETARY OF DEFENSE

5 FOR INVESTIGATIONS.—Section 232(b) of the Trade Ex6 pansion Act of 1962 (19 U.S.C. 1862(b)) is amended— 

7 (1) in paragraph (1)— 

8 (A) in subparagraph (A), by striking ‘‘the 

9 Secretary of Commerce (hereafter in the section 

10 referred to as the ‘Secretary’)’’ and inserting 

11 ‘‘the Secretary of Defense’’; and 

12 (B) in subparagraph (B)— 

13 (i) by striking ‘‘The Secretary’’ and 

14 inserting ‘‘The Secretary of Defense’’; and 

15 (ii) by striking ‘‘the Secretary of De16 fense’’ and inserting ‘‘the Secretary of 

17 Commerce’’; 

18 (2) in paragraph (2)— 

19 (A) in subparagraph (A)— 

20 (i) in the matter preceding clause (i), 

21 by striking ‘‘the Secretary’’ and inserting 

22 ‘‘the Secretary of Defense’’; and 

23 (ii) in clause (i), by striking ‘‘the Sec24 retary of Defense’’ and inserting ‘‘the Sec25 retary of Commerce’’; and 


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1 (B) by amending subparagraph (B) to read 

2 as follows: 

3 ‘‘(B) Upon the request of the Secretary of Defense, 

4 the Secretary of Commerce shall provide to the Secretary 

5 of Defense an assessment of the quantity of imports of 

6 any covered article that is the subject of an investigation 

7 conducted under this subsection and the circumstances 

8 under which the covered article is imported.’’; 

9 (3) in paragraph (3)— 

10 (A) in subparagraph (A)— 

11 (i) in the first sentence, by striking 

12 ‘‘the Secretary shall submit’’ and all that 

13 follows through ‘‘recommendations of the 

14 Secretary’’ and inserting ‘‘the Secretary of 

15 Defense and the Secretary of Commerce 

16 shall jointly submit to the President a re17 port on the findings of the investigation 

18 and, based on such findings, the rec19 ommendations of the Secretary of Com20 merce’’; and 

21 (ii) in the second sentence, by striking 

22 ‘‘Secretary finds’’ and all that follows 

23 through ‘‘Secretary shall’’ and inserting 

24 ‘‘Secretaries find that the covered article is 

25 being imported into the United States in 


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1 such quantities or under such cir2 cumstances as to be a substantial cause of 

3 a threat to impair the national security, 

4 the Secretaries shall’’; and 

5 (B) in subparagraph (B), by striking ‘‘by 

6 the Secretary’’; and 

7 (4) in paragraph (4), by striking ‘‘Secretary’’ 

8 and inserting ‘‘Secretary of Defense’’. 

9 (c) DETERMINATIONS OF PRESIDENT.—Section 

10 232(c) of the Trade Expansion Act of 1962 (19 U.S.C. 

11 1862(c)) is amended— 

12 (1) in paragraph (1)— 

13 (A) by striking subparagraph (B); 

14 (B) in the matter preceding clause (i)— 

15 (i) by striking ‘‘(A) Within’’ and in16 serting ‘‘Within’’; and 

17 (ii) by striking ‘‘in which the Sec18 retary’’ and inserting ‘‘that’’; 

19 (C) by redesignating clauses (i) and (ii) as 

20 subparagraphs (A) and (B), respectively; 

21 (D) in subparagraph (A), as redesignated 

22 by subparagraph (C), by striking ‘‘of the Sec23 retary’’; and 


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1 (E) by amending subparagraph (B), as re2 designated by subparagraph (C), to read as fol3 lows: 

4 ‘‘(B) if the President concurs, submit to Con5 gress, not later than 15 days after making that de6 termination, a proposal regarding the nature and 

7 duration of the action that, in the judgment of the 

8 President, should be taken to adjust the imports of 

9 the covered article and its derivatives so that such 

10 imports will not be a substantial cause of a threat 

11 to impair the national security.’’; and 

12 (2) by striking paragraphs (2) and (3) and in13 serting the following: 

14 ‘‘(2) The President shall submit to Congress for re15 view under subsection (f) a report describing the action 

16 proposed to be taken under paragraph (1) and specifying 

17 the reasons for such proposal. Such report shall be in18 cluded in the report published under subsection (e).’’. 

19 (d) CONGRESSIONAL APPROVAL OF PRESIDENTIAL

20 ADJUSTMENT OF IMPORTS.—Section 232(f) of the Trade 

21 Expansion Act of 1962 (19 U.S.C. 1862(f)) is amended 

22 to read as follows: 

23 ‘‘(f) CONGRESSIONAL APPROVAL OF PRESIDENTIAL

24 ADJUSTMENT OF IMPORTS; JOINT RESOLUTION OF AP25 PROVAL.— 


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1 ‘‘(1) IN GENERAL.—An action to adjust imports 

2 proposed by the President in a report submitted to 

3 Congress under subsection (c)(2) shall have force 

4 and effect only if, during the period of 60 calendar 

5 days beginning on the date on which the report is 

6 submitted, a joint resolution of approval is enacted 

7 pursuant to paragraph (2). 

8 ‘‘(2) JOINT RESOLUTIONS OF APPROVAL.— 

9 ‘‘(A) JOINT RESOLUTION OF APPROVAL

10 DEFINED.—In this subsection, the term ‘joint 

11 resolution of approval’ means only a joint reso12 lution of either House of Congress— 

13 ‘‘(i) the title of which is as follows: ‘A 

14 joint resolution approving the proposal of 

15 the President to take an action relating to 

16 the adjustment of imports entering into 

17 the United States in such quantities or 

18 under such circumstances as to threaten or 

19 impair the national security.’; and 

20 ‘‘(ii) the sole matter after the resolv21 ing clause of which is the following: ‘Con22 gress approves of the proposal of the Presi23 dent relating to the adjustment of imports 

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1 gress under section 232(c)(2) of the Trade 

2 Expansion Act of 1962 (19 U.S.C. 

3 1862(c)(2)) on lllll relating to 

4 lllll.’, with the first blank space 

5 being filled with the appropriate date and 

6 the second blank space being filled with a 

7 short description of the proposed action. 

8 ‘‘(B) INTRODUCTION.—During the period 

9 of 60 calendar days provided for under para10 graph (1), a joint resolution of approval may be 

11 introduced in either House by any Member. 

12 ‘‘(C) CONSIDERATION IN HOUSE OF REP13 RESENTATIVES.— 

14 ‘‘(i) COMMITTEE REFERRAL.—A joint 

15 resolution of approval introduced in the 

16 House of Representatives shall be referred 

17 to the Committee on Ways and Means. 

18 ‘‘(ii) REPORTING AND DISCHARGE.— 

19 If the Committee on Ways and Means has 

20 not reported the joint resolution of ap21 proval within 10 calendar days after the 

22 date of referral, the Committee shall be 

23 discharged from further consideration of 

24 the joint resolution. 


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1 ‘‘(iii) PROCEEDING TO CONSIDER2 ATION.—Beginning on the third legislative 

3 day after the Committee on Ways and 

4 Means reports the joint resolution of ap5 proval to the House or has been discharged 

6 from further consideration thereof, it shall 

7 be in order to move to proceed to consider 

8 the joint resolution in the House. All 

9 points of order against the motion are 

10 waived. Such a motion shall not be in 

11 order after the House has disposed of a 

12 motion to proceed on the joint resolution. 

13 The previous question shall be considered 

14 as ordered on the motion to its adoption 

15 without intervening motion. The motion 

16 shall not be debatable. A motion to recon17 sider the vote by which the motion is dis18 posed of shall not be in order. 

19 ‘‘(iv) FLOOR CONSIDERATION.—The 

20 joint resolution of approval shall be consid21 ered as read. All points of order against 

22 the joint resolution and against its consid23 eration are waived. The previous question 

24 shall be considered as ordered on the joint 

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1 vening motion except 2 hours of debate 

2 equally divided and controlled by the spon3 sor of the joint resolution (or a designee) 

4 and an opponent. A motion to reconsider 

5 the vote on passage of the joint resolution 

6 shall not be in order. 

7 ‘‘(D) CONSIDERATION IN THE SENATE.— 

8 ‘‘(i) COMMITTEE REFERRAL.—A joint 

9 resolution of approval introduced in the 

10 Senate shall be referred to the Committee 

11 on Finance. 

12 ‘‘(ii) REPORTING AND DISCHARGE.— 

13 If the Committee on Finance has not re14 ported the joint resolution of approval 

15 within 10 calendar days after the date of 

16 referral of the joint resolution, the Com17 mittee shall be discharged from further 

18 consideration of the joint resolution and 

19 the joint resolution shall be placed on the 

20 appropriate calendar. 

21 ‘‘(iii) PROCEEDING TO CONSIDER22 ATION.—Notwithstanding Rule XXII of 

23 the Standing Rules of the Senate, it is in 

24 order at any time after the Committee on 

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1 proval or has been discharged from consid2 eration of such a joint resolution to move 

3 to proceed to the consideration of the joint 

4 resolution. The motion to proceed is not 

5 debatable. The motion is not subject to a 

6 motion to postpone. A motion to reconsider 

7 the vote by which the motion is agreed to 

8 or disagreed to shall not be in order. 

9 ‘‘(iv) RULINGS OF THE CHAIR ON

10 PROCEDURE.—Appeals from the decisions 

11 of the Chair relating to the application of 

12 the rules of the Senate to the procedure re13 lating to a joint resolution of approval 

14 shall be decided by the Senate without de15 bate. 

16 ‘‘(E) TREATMENT OF HOUSE JOINT RESO17 LUTION IN SENATE.— 

18 ‘‘(i) COMMITTEE REFERRAL.—Except 

19 as provided in clause (ii), a joint resolution 

20 of approval that has passed the House of 

21 Representatives shall, when received in the 

22 Senate, be referred to the Committee on 

23 Finance for consideration in accordance 

24 with subparagraph (D). 


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1 ‘‘(ii) CONSIDERATION OF HOUSE RES2 OLUTION.—If a joint resolution of approval 

3 was introduced in the Senate before receipt 

4 of a joint resolution of approval that has 

5 passed the House of Representatives— 

6 ‘‘(I) the joint resolution from the 

7 House of Representatives shall, when 

8 received in the Senate, be placed on 

9 the calendar; and 

10 ‘‘(II) the procedures in the Sen11 ate with respect to a joint resolution 

12 of approval introduced in the Senate 

13 shall be the same as if no joint resolu14 tion of approval had been received 

15 from the House of Representatives, 

16 except that the vote on passage in the 

17 Senate shall be on the joint resolution 

18 that passed the House of Representa19 tives. 

20 ‘‘(iii) HOUSE RESOLUTION RECEIVED

21 AFTER PASSAGE BY SENATE.—If the Sen22 ate passes a joint resolution of approval 

23 before receiving a joint resolution of ap24 proval from the House of Representatives, 

25 the joint resolution of the Senate shall be 


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1 held at the desk pending receipt of the 

2 joint resolution from the House of Rep3 resentatives. Upon receipt of the joint reso4 lution of approval from the House of Rep5 resentatives, such joint resolution shall be 

6 deemed to be read twice, considered, read 

7 the third time, and passed. 

8 ‘‘(iv) CONSIDERATION OF HOUSE RES9 OLUTION IF NO RESOLUTION INTRODUCED

10 IN SENATE.—If the Senate receives a joint 

11 resolution of approval from the House of 

12 Representatives, and no joint resolution of 

13 approval has been introduced in the Sen14 ate, the procedures described in subpara15 graph (D) shall apply to consideration of 

16 the joint resolution of the House. 

17 ‘‘(F) RULES OF HOUSE OF REPRESENTA18 TIVES AND SENATE.—This paragraph is en19 acted by Congress— 

20 ‘‘(i) as an exercise of the rulemaking 

21 power of the Senate and the House of Rep22 resentatives, respectively, and as such is 

23 deemed a part of the rules of each House, 

24 respectively, and supersedes other rules 


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1 only to the extent that it is inconsistent 

2 with such rules; and 

3 ‘‘(ii) with full recognition of the con4 stitutional right of either House to change 

5 the rules (so far as relating to the proce6 dure of that House) at any time, in the 

7 same manner, and to the same extent as in 

8 the case of any other rule of that House.’’. 

9 (e) EXCLUSION PROCESS; REPORT.—Section 232 of 

10 the Trade Expansion Act of 1962 (19 U.S.C. 1862) is 

11 amended by inserting after subsection (f) the following: 

12 ‘‘(g) ADMINISTRATION OF EXCLUSION PROCESS.— 

13 ‘‘(1) IN GENERAL.—The United States Inter14 national Trade Commission shall administer a proc15 ess for granting requests for the exclusion of covered 

16 articles from any actions, including actions to im17 pose duties or quotas, taken by the President under 

18 subsection (c). 

19 ‘‘(2) REQUIREMENTS.—In administering the 

20 process required by paragraph (1), the International 

21 Trade Commission shall— 

22 ‘‘(A) consider, when determining whether 

23 to grant an exclusion with respect to a covered 

24 article, if the covered article is produced in the 

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1 able in sufficient quantities, and available on a 

2 reasonable timeframe; 

3 ‘‘(B) ensure that an exclusion granted with 

4 respect to a covered article is available to any 

5 person that imports the covered article; and 

6 ‘‘(C) not disclose business proprietary in7 formation. 

8 ‘‘(3) PUBLICATION OF PROCEDURES.—The 

9 International Trade Commission shall publish in the 

10 Federal Register and make available on a publicly 

11 available internet website of the Commission a de12 scription of the procedures to be followed by a per13 son requesting an exclusion under paragraph (1) 

14 with respect to a covered article. 

15 ‘‘(h) REPORT BY INTERNATIONAL TRADE COMMIS16 SION.—Not later than 18 months after the President 

17 takes action under subsection (c) to adjust imports of a 

18 covered article, the International Trade Commission shall 

19 submit to Congress a report assessing the effects of the 

20 action on— 

21 ‘‘(1) the industry to which the covered article 

22 relates; and 

23 ‘‘(2) the overall economy of the United States.’’. 


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1 (f) CONFORMING AMENDMENTS.—Section 232 of the 

2 Trade Expansion Act of 1962 (19 U.S.C. 1862), as 

3 amended by this section, is further amended— 

4 (1) in the first subsection (d), by striking ‘‘the 

5 Secretary and the President’’ each place it appears 

6 and inserting ‘‘the Secretary of Defense, the Sec7 retary of Commerce, and the President’’; 

8 (2) by redesignating the second subsection (d) 

9 as subsection (e); and 

10 (3) in paragraph (1) of subsection (e), as redes11 ignated by paragraph (2), by striking ‘‘the Sec12 retary’’ and inserting ‘‘the Secretary of Defense’’. 

13 (g) EFFECTIVE DATE.—Except as provided by sub14 section (h), the amendments made by this section shall 

15 apply with respect to any proposed action under section 

16 232(c) of the Trade Expansion Act of 1962 (19 U.S.C. 

17 1862(c)) on or after the date that is 4 years before the 

18 date of the enactment of this Act. 

19 (h) TRANSITION RULES.— 

20 (1) APPROVAL PROCESS FOR ACTIONS TAKE BE21 FORE DATE OF ENACTMENT.— 

22 (A) IN GENERAL.—If, during the period 

23 specified in paragraph (2), the President makes 

24 a determination described in subsection (c) of 

25 section 232 of the Trade Expansion Act of 


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1 1962, as in effect on the day before the date of 

2 the enactment of this Act, to take action with 

3 respect to an article— 

4 (i) not later than 15 days after such 

5 date of enactment, the President shall re6 submit to Congress the report required 

7 under that section with respect to the ac8 tion; and 

9 (ii) the action shall have force and ef10 fect after the day that is 75 days after 

11 such date of enactment only if, during the 

12 period of 60 calendar days beginning on 

13 the date on which the report is resubmitted 

14 under clause (i), a joint resolution of ap15 proval is enacted pursuant to subsection 

16 (f)(2) of the Trade Expansion Act of 1962, 

17 as amended by this section, with respect to 

18 the action. 

19 (B) NONAPPLICABILITY OF DEFINI20 TIONS.—Subparagraph (A) shall apply with re21 spect to an action without regard to whether 

22 the article to which the action relates is a cov23 ered article (as defined in subsection (i) of sec24 tion 232 of the Trade Expansion Act of 1962, 

25 as added by this section). 


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1 (2) PERIOD SPECIFIED.—The period specified 

2 in this paragraph is the period beginning on the date 

3 that is 4 years before the date of the enactment of 

4 this Act and ending on the day before such date of 

5 enactment. 

6 (3) ADMINISTRATION OF EXCLUSION PROC7 ESS.—In the case of an action with respect to which 

8 a resolution of approval is enacted as required by 

9 paragraph (1)(A)(ii), the Secretary of Commerce 

10 shall continue to administer the process established 

11 before the date of the enactment of this Act for 

12 granting requests for the exclusion of articles from 

13 the action. 

14 (4) INTERNATIONAL TRADE COMMISSION RE15 PORT.—Not later than 180 days after the date of 

16 the enactment of this Act, the United States Inter17 national Trade Commission shall submit to Congress 

18 a report described in subsection (h) of section 232 

19 of the Trade Expansion Act of 1962, as added by 

20 this section, relating to each action taken under sub21 section (c) of section 232 of the Trade Expansion 

22 Act of 1962, as in effect on the day before such date 

23 of enactment, during the period specified in para24 graph (2). 


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1 (5) TERMINATION OF ACTIONS NOT AP2 PROVED.— 

3 (A) IN GENERAL.—An action described in 

4 subparagraph (B) shall terminate on the day 

5 that is 75 days after the date of the enactment 

6 of this Act. 

7 (B) ACTION DESCRIBED.—An action de8 scribed in this subparagraph is an action with 

9 respect to which— 

10 (i) the President made a determina11 tion described in subsection (c) of section 

12 232 of the Trade Expansion Act of 1962, 

13 as in effect on the day before the date of 

14 the enactment of this Act, during the pe15 riod specified in paragraph (2); and 

16 (ii) a joint resolution of approval is 

17 not enacted as required by paragraph 

18 (1)(A)(ii). 

19 (C) MODIFICATION OF DUTY RATE

20 AMOUNTS.— 

21 (i) IN GENERAL.—Any rate of duty 

22 modified under section 232(c) of the Trade 

23 Expansion Act of 1962, as in effect on the 

24 day before the date of the enactment of 

25 this Act, pursuant to an action described 


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1 in subparagraph (B) shall, on the day that 

2 is 75 days after the date of the enactment 

3 of this Act, revert to the rate of duty in ef4 fect before such modification. 

5 (ii) RETROACTIVE APPLICATION FOR

6 CERTAIN LIQUIDATIONS AND RELIQUIDA7 TIONS.— 

8 (I) IN GENERAL.—Subject to 

9 subclause (II), an entry of an article 

10 shall be liquidated or reliquidated as 

11 though such entry occurred on the 

12 date that is 75 days after the date of 

13 the enactment of this Act if— 

14 (aa) the rate of duty appli15 cable to the article was modified 

16 pursuant to an action described 

17 in subparagraph (B); and 

18 (bb) a lower rate of duty 

19 would be applicable due to the 

20 application of clause (i). 

21 (II) REQUESTS.—A liquidation 

22 or reliquidation may be made under 

23 subclause (I) with respect to an entry 

24 only if a request therefor is filed with 

25 U.S. Customs and Border Protection 


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1 not later than 255 days after the date 

2 of the enactment of this Act that con3 tains sufficient information to enable 

4 U.S. Customs and Border Protec5 tion— 

6 (aa) to locate the entry; or 

7 (bb) to reconstruct the entry 

8 if it cannot be located. 

9 (III) PAYMENT OF AMOUNTS

10 OWED.—Any amounts owed by the 

11 United States pursuant to the liquida12 tion or reliquidation of an entry of an 

13 article under subclause (I) shall be 

14 paid, without interest, not later than 

15 90 days after the date of the liquida16 tion or reliquidation (as the case may 

17 be). 

18 (iii) ENTRY DEFINED.—In this para19 graph, the terms ‘‘entry’’ includes a with20 drawal from warehouse for consumption. 

Æ 


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