II 

109TH CONGRESS 

1ST SESSION S. 477 

To amend the Homeland Security Act of 2002 to include Indian tribes 

among the entities consulted with respect to activities carried out by 

the Secretary of Homeland Security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2005 

Mr. DORGAN (for himself and Mr. INOUYE) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend the Homeland Security Act of 2002 to include 

Indian tribes among the entities consulted with respect 

to activities carried out by the Secretary of Homeland 

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 ‘‘Tribal Government 

5 Amendments to the Homeland Security Act of 2002’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 
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1 (1) there is a government-to-government rela2 tionship between the United States and each Indian 

3 tribal government; 

4 (2) through statutes and treaties, Congress has 

5 recognized the inherent sovereignty of Indian tribal 

6 governments and the rights of Native people to self7 determination and self-governance; 

8 (3) each Indian tribal government possesses the 

9 inherent sovereign authority— 

10 (A)(i) to establish its own form of govern11 ment; 

12 (ii) to adopt a constitution or other organic 

13 governing documents; and 

14 (iii) to establish a tribal judicial system; 

15 and 

16 (B) to provide for the health and safety of 

17 those who reside on tribal lands, including the 

18 provision of law enforcement services on lands 

19 under the jurisdiction of the tribal government; 

20 (4) tribal emergency response providers, such 

21 as tribal emergency public safety officers, law en22 forcement officers, emergency response personnel, 

23 emergency medical personnel and facilities (including 

24 tribal and Indian Health Service emergency facili-
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1 ties), and related personnel, agencies, and authori2 ties— 

3 (A) play a crucial role in providing for the 

4 health and safety of those who reside on tribal 

5 lands; and 

6 (B) are necessary components of a com7 prehensive system to secure the homeland of 

8 the United States; 

9 (5) there are more than 25 Indian tribes that 

10 have primary jurisdiction over— 

11 (A) lands within the United States that is 

12 adjacent to the Canadian or Mexican border; or 

13 (B) waters of the United States that pro14 vide direct access by boat to lands within the 

15 United States; 

16 (6) the border lands under the jurisdiction of 

17 Indian tribal governments comprises more than 260 

18 miles of the approximately 7,400 miles of inter19 national border of the United States; 

20 (7) numerous Indian tribal governments exer21 cise criminal, civil, and regulatory jurisdiction over 

22 lands on which dams, oil and gas deposits, nuclear 

23 or electrical power plants, water and sanitation sys24 tems, or timber or other natural resources are lo25 cated; and 
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1 (8) the involvement of tribal governments in the 

2 protection of the homeland of the United States is 

3 essential to the comprehensive maintenance of the 

4 homeland security of the United States. 

5 (b) PURPOSES.—The purposes of this Act are to en6 sure that— 

7 (1) the Department of Homeland Security 

8 consults with, involves, coordinates with, and in9 cludes Indian tribal governments in carrying out the 

10 mission of the Department under the Homeland Se11 curity Act of 2002 (Public Law 107–296); and 

12 (2) Indian tribal governments participate fully 

13 in the protection of the homeland of the United 

14 States. 

15 SEC. 3. TABLE OF CONTENTS; DEFINITIONS. 

16 (a) TABLE OF CONTENTS.—The table of contents of 

17 the Homeland Security Act of 2002 (Public Law 107–296; 

18 116 Stat. 2135) is amended by striking the item relating 

19 to section 801 and inserting the following: 

‘‘Sec. 801. Office of State, Tribal, and Local Government Coordination.’’. 

20 (b) DEFINITIONS.—Section 2 of the Homeland Secu21 rity Act of 2002 (6 U.S.C. 101) is amended— 

22 (1) in paragraph (6), by inserting ‘‘tribal,’’ 

23 after ‘‘State,’’; 

24 (2) by redesignating paragraphs (9), (10), (11), 

25 (12), (13), (14), (15), and (16) as paragraphs (10), 
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1 (11), (12), (13), (14), (15), (16), and (19), respec2 tively; 

3 (3) by inserting after paragraph (8) the fol4 lowing: 

5 ‘‘(9) INDIAN TRIBE.—The term ‘Indian tribe’ 

6 means any Indian tribe, band, nation, or other orga7 nized group or community located in the continental 

8 United States (excluding the State of Alaska) that 

9 is recognized as being eligible for the special pro10 grams and services provided by the United States to 

11 Indians because of their status as Indians.’’; and 

12 (4) by inserting after paragraph (16) (as redes13 ignated by paragraph (2)) the following: 

14 ‘‘(17) TRIBAL COLLEGE OR UNIVERSITY.—The 

15 term ‘tribal college or university’ has the meaning 

16 given the term in section 316(b) of the Higher Edu17 cation Act of 1965 (20 U.S.C. 1059c(b)). 

18 ‘‘(18) TRIBAL GOVERNMENT.—The term ‘tribal 

19 government’ means the governing body of an Indian 

20 tribe that is recognized by the Secretary of the Inte21 rior.’’. 

22 SEC. 4. DEPARTMENT OF HOMELAND SECURITY. 

23 (a) SECRETARY; FUNCTIONS.—Section 102 of the 

24 Homeland Security Act of 2002 (6 U.S.C. 112) (as 

25 amended by section 7402 of the Intelligence Reform and 
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1 Terrorism Prevention Act of 2004 (Public Law 108–458)) 

2 is amended— 

3 (1) in subsection (c)— 

4 (A) in the matter preceding paragraph (1), 

5 by striking ‘‘Office of State and Local Coordi6 nation’’ and inserting ‘‘Office of State, Tribal, 

7 and Local Government Coordination and Pre8 paredness’’; and 

9 (B) in paragraphs (1), (2), and (3), by in10 serting ‘‘, tribal,’’ after ‘‘State’’ each place it 

11 appears; and 

12 (2) in subsection (f)— 

13 (A) in paragraph (8), by inserting ‘‘tribal,’’ 

14 after ‘‘State,’’; and 

15 (B) in paragraph (10), by striking ‘‘Office 

16 of State and Local Government Coordination 

17 and Preparedness’’ and inserting ‘‘Office of 

18 State, Tribal, and Local Government Coordina19 tion and Preparedness’’. 

20 (b) CONFORMING AMENDMENT.—Section 7405 of the 

21 Intelligence Reform and Terrorism Prevention Act of 

22 2004 (6 U.S.C. 112 note; Public Law 108–458) is amend23 ed by striking ‘‘Office of State and Local Government Co24 ordination and Preparedness’’ and inserting ‘‘Office of 
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1 State, Tribal, and Local Government Coordination and 

2 Preparedness’’. 

3 SEC. 5. INFORMATION ANALYSIS AND INFRASTRUCTURE 

4 PROTECTION. 

5 (a) DIRECTORATE FOR INFORMATION ANALYSIS AND

6 INFRASTRUCTURE PROTECTION.—Section 201(d) of the 

7 Homeland Security Act of 2002 (6 U.S.C. 121(d)) is 

8 amended— 

9 (1) in paragraphs (1), (3), (6), (7)(B), (8), (9), 

10 (11), (13), and (16), by inserting ‘‘, tribal,’’ after 

11 ‘‘State’’ each place it appears; and 

12 (2) in paragraph (17), by inserting ‘‘tribal,’’ 

13 after ‘‘State,’’. 

14 (b) ACCESS TO INFORMATION.—Section 202(d)(2) of 

15 the Homeland Security Act of 2002 (6 U.S.C. 122(d)(2)) 

16 is amended by inserting ‘‘, tribal,’’ after ‘‘State’’. 

17 (c) PROTECTION OF VOLUNTARILY SHARED CRIT18 ICAL INFRASTRUCTURE INFORMATION.—Section 214 of 

19 the Homeland Security Act of 2002 (6 U.S.C. 133) is 

20 amended— 

21 (1) in subsection (a)(1)— 

22 (A) in subparagraph (D)(ii)(II), by strik23 ing ‘‘General Accounting Office.’’ and inserting 

24 ‘‘Government Accountability Office;’’; and 
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1 (B) in subparagraph (E), by inserting ‘‘, 

2 tribal,’’ after ‘‘State’’ each place it appears; 

3 (2) in subsection (c), by inserting ‘‘tribal,’’ after 

4 ‘‘State,’’; and 

5 (3) in subsection (e)(2)(D), by inserting ‘‘, trib6 al,’’ after ‘‘State’’. 

7 (d) ENHANCEMENT OF NON-FEDERAL

8 CYBERSECURITY.—Section 223(1) of the Homeland Secu9 rity Act of 2002 (6 U.S.C. 143(1)) is amended by insert10 ing ‘‘, tribal,’’ after ‘‘State’’. 

11 (e) MISSION OF OFFICE; DUTIES.—Section 232 of 

12 the Homeland Security Act of 2002 (6 U.S.C. 162) is 

13 amended— 

14 (1) in subsection (a)(2), by inserting ‘‘tribal,’’ 

15 after ‘‘State,’’; 

16 (2) in subsection (b)— 

17 (A) in paragraphs (2) and (3), by inserting 

18 ‘‘tribal,’’ after ‘‘State,’’ each place it appears; 

19 (B) in paragraph (6)— 

20 (i) in the matter preceding subpara21 graph (A), by inserting ‘‘tribal,’’ after 

22 ‘‘State,’’; and 

23 (ii) in subparagraph (H), by inserting 

24 ‘‘, tribal,’’ after ‘‘State’’; and 
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1 (C) in paragraphs (9), (11), and (14), by 

2 inserting ‘‘, tribal,’’ after ‘‘State’’ each place it 

3 appears; and 

4 (3) in subsection (g)(1)(A), by inserting ‘‘trib5 al,’’ after ‘‘State,’’. 

6 (f) NATIONAL LAW ENFORCEMENT AND CORREC7 TIONS TECHNOLOGY CENTERS.—Section 235(d) of the 

8 Homeland Security Act of 2002 (6 U.S.C. 165(d)) is 

9 amended by inserting ‘‘tribal,’’ after ‘‘State,’’. 

10 SEC. 6. SCIENCE AND TECHNOLOGY IN SUPPORT OF HOME11 LAND SECURITY. 

12 (a) RESPONSIBILITIES AND AUTHORITIES OF THE

13 UNDERSECRETARY FOR SCIENCE AND TECHNOLOGY.— 

14 Section 302(6) of the Homeland Security Act of 2002 (6 

15 U.S.C. 182(6)) is amended by inserting ‘‘tribal,’’ after 

16 ‘‘State,’’. 

17 (b) CONDUCT OF CERTAIN PUBLIC HEALTH-RE18 LATED ACTIVITIES.—Section 304(a) of the Homeland Se19 curity Act of 2002 (6 U.S.C. 184(a)) is amended by in20 serting ‘‘and the Indian Health Service’’ after ‘‘Public 

21 Health Service’’. 

22 (c) CONDUCT OF RESEARCH, DEVELOPMENT, DEM23 ONSTRATION, TESTING, AND EVALUATION.—Section 

24 308(b) of the Homeland Security Act of 2002 (6 U.S.C. 

25 188(b)) is amended— 
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1 (1) in paragraph (1)(A), by striking ‘‘colleges, 

2 universities,’’ and inserting ‘‘colleges and universities 

3 (including tribal colleges and universities),’’; and 

4 (2) in paragraph (2)(B), by inserting ‘‘(includ5 ing tribal colleges or universities)’’ after ‘‘univer6 sities’’. 

7 (d) UTILIZATION OF DEPARTMENT OF ENERGY NA8 TIONAL LABORATORIES AND SITES IN SUPPORT OF

9 HOMELAND SECURITY ACTIVITIES.—Section 309(d) of 

10 the Homeland Security Act of 2002 (6 U.S.C. 189(d)) is 

11 amended by inserting ‘‘, tribal,’’ after ‘‘State’’. 

12 (e) HOMELAND SECURITY INSTITUTE.—Section 

13 312(d) of the Homeland Security Act of 2002 (6 U.S.C. 

14 192(d)) is amended by inserting ‘‘tribal colleges and uni15 versities,’’ after ‘‘education,’’. 

16 (f) TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE

17 AND SUPPORT INNOVATIVE SOLUTIONS TO ENHANCE

18 HOMELAND SECURITY.—Section 313 of the Homeland 

19 Security Act of 2002 (6 U.S.C. 193) is amended— 

20 (1) in paragraphs (1) and (4) of subsection (b), 

21 by inserting ‘‘tribal,’’ after ‘‘State,’’ each place it ap22 pears; and 

23 (2) in subsection (c)(1), by inserting ‘‘, tribal,’’ 

24 after ‘‘State’’. 
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1 SEC. 7. DIRECTORATE OF BORDER AND TRANSPORTATION 

2 SECURITY. 

3 (a) OFFICE FOR DOMESTIC PREPAREDNESS.—Sec4 tion 430(c)(5) of the Homeland Security Act of 2002 (6 

5 U.S.C. 238(c)(5)) is amended by inserting ‘‘, tribal,’’ after 

6 ‘‘State’’. 

7 (b) REPORT ON IMPROVING ENFORCEMENT FUNC8 TIONS.—Section 445(b) of the Homeland Security Act of 

9 2002 (6 U.S.C. 255(b)) is amended by inserting ‘‘, tribal,’’ 

10 after ‘‘heads of State’’. 

11 SEC. 8. EMERGENCY PREPAREDNESS AND RESPONSE. 

12 (a) RESPONSIBILITIES.—Section 502(5) of the 

13 Homeland Security Act of 2002 (6 U.S.C. 312(5)) is 

14 amended by inserting ‘‘tribal,’’ after ‘‘State,’’. 

15 (b) CONDUCT OF CERTAIN PUBLIC HEALTH-RE16 LATED ACTIVITIES.—Section 505(a) of the Homeland Se17 curity Act of 2002 (6 U.S.C. 315(a)) is amended— 

18 (1) by inserting ‘‘tribal,’’ after ‘‘State,’’; and 

19 (2) by inserting ‘‘and the Indian Health Serv20 ice’’ after ‘‘Public Health Service’’. 
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1 SEC. 9. TREATMENT OF CHARITABLE TRUSTS FOR MEM2 BERS OF THE ARMED FORCES OF THE 

3 UNITED STATES AND OTHER GOVERN4 MENTAL ORGANIZATIONS. 

5 Section 601(c)(9)(B) of the Homeland Security Act 

6 of 2002 (6 U.S.C. 331(c)(9)(B)) is amended by inserting 

7 ‘‘tribal,’’ after ‘‘State,’’. 

8 SEC. 10. COORDINATION WITH NON-FEDERAL ENTITIES; IN9 SPECTOR GENERAL; UNITED STATES SECRET 

10 SERVICE; COAST GUARD; GENERAL PROVI11 SIONS. 

12 (a) OFFICE FOR STATE AND LOCAL GOVERNMENT

13 COORDINATION.—Section 801 of the Homeland Security 

14 Act of 2002 (6 U.S.C. 361) is amended— 

15 (1) in the section heading, by inserting ‘‘, 

16 TRIBAL,’’ after ‘‘STATE’’; 

17 (2) in subsection (a)— 

18 (A) by inserting ‘‘, Tribal,’’ after ‘‘Office 

19 for State’’; and 

20 (B) by inserting ‘‘, tribal,’’ after ‘‘relation21 ships with State’’; and 

22 (3) in subsection (b), by inserting ‘‘, tribal,’’ 

23 after ‘‘State’’ each place it appears. 

24 (b) DEFINITIONS FOR SUPPORT ANTI-TERRORISM BY

25 FOSTERING EFFECTIVE TECHNOLOGIES ACT.—Section 
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1 865(6) of the Homeland Security Act of 2002 (6 U.S.C. 

2 444(6)) is amended by inserting ‘‘, tribal,’’ after ‘‘State’’. 

3 (c) REGULATORY AUTHORITY AND PREEMPTION.— 

4 Section 877(b) of the Homeland Security Act of 2002 (6 

5 U.S.C. 457(b)) is amended— 

6 (1) in the subsection heading, by inserting ‘‘, 

7 TRIBAL,’’ after ‘‘STATE’’; and 

8 (2) by inserting ‘‘, tribal,’’ after ‘‘State’’ each 

9 place it appears. 

10 (d) INFORMATION SHARING.—Section 891 of the 

11 Homeland Security Act of 2002 (6 U.S.C. 481) is amend12 ed— 

13 (1) in subsection (b)— 

14 (A) in paragraphs (2), (4), (5), (7), (8), 

15 and (9), by inserting ‘‘, tribal,’’ after ‘‘State’’ 

16 each place it appears; 

17 (B) in paragraph (6)— 

18 (i) by inserting ‘‘, tribal,’’ after ‘‘cer19 tain State’’; and 

20 (ii) by inserting ‘‘tribal,’’ after 

21 ‘‘State,’’; and 

22 (C) in paragraphs (10) and (11), by insert23 ing ‘‘tribal,’’ after ‘‘State,’’ each place it ap24 pears; and 
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1 (2) in subsection (c), by inserting ‘‘tribal,’’ after 

2 ‘‘State,’’. 

3 (e) FACILITATING HOMELAND SECURITY INFORMA4 TION SHARING PROCEDURES.—Section 892 of the Home5 land Security Act of 2002 (6 U.S.C. 482) is amended— 

6 (1) in subsection (a)(1)(A), by inserting ‘‘, trib7 al,’’ after ‘‘State’’; 

8 (2) in paragraphs (1), (2)(D), and (6) of sub9 section (b), by inserting ‘‘, tribal,’’ after ‘‘State’’ 

10 each place it appears; 

11 (3) in subsection (c)— 

12 (A) in the subsection heading, by inserting 

13 ‘‘, TRIBAL,’’ after ‘‘STATE’’; and 

14 (B) by inserting ‘‘, tribal,’’ after ‘‘State’’ 

15 each place it appears; 

16 (4) in subsection (e), by inserting ‘‘, tribal,’’ 

17 after ‘‘State’’ each place it appears; 

18 (5) in subsection (f)— 

19 (A) in paragraph (1), by inserting ‘‘tribal,’’ 

20 after ‘‘State,’’; and 

21 (B) in paragraph (3)— 

22 (i) in the matter preceding subpara23 graph (A), by inserting ‘‘, tribal,’’ after 

24 ‘‘State’’; 
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1 (ii) in subparagraph (A), by inserting 

2 ‘‘tribally or’’ after ‘‘other’’; 

3 (iii) in subparagraph (B), by inserting 

4 ‘‘, tribal,’’ after ‘‘State’’; and 

5 (iv) in subparagraph (D), by inserting 

6 ‘‘tribal,’’ after ‘‘State,’’; and 

7 (6) in subsection (g), by inserting ‘‘, tribal,’’ 

8 after ‘‘State’’. 

9 (f) REPORT.—Section 893(a) of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 483(a)) is amended in the sec11 ond sentence by inserting ‘‘tribal,’’ after ‘‘State,’’. 

12 SEC. 11. DEPARTMENT OF JUSTICE DIVISIONS. 

13 Section 1114(b) of the Homeland Security Act of 

14 2002 (6 U.S.C. 532(b)) is amended by inserting ‘‘tribal,’’ 

15 after ‘‘State,’’. 

16 SEC. 12. AMENDMENTS TO OTHER LAWS. 

17 (a) CYBER SECURITY ENHANCEMENT ACT OF

18 2002.— 

19 (1) EMERGENCY DISCLOSURE EXCEPTION.— 

20 Section 2702(b)(8) of title 18, United States Code, 

21 is amended by inserting ‘‘tribal,’’ after ‘‘State,’’. 

22 (2) PROTECTING PRIVACY.—Section 2701(b)(1) 

23 of title 18, United States Code, is amended by in24 serting ‘‘or Indian tribe’’ after ‘‘or any State’’. 
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1 (b) NATIONAL INSTITUTE OF JUSTICE.—Section 

2 202(c)(11) of the Omnibus Crime Control and Safe 

3 Streets Act of 1968 (42 U.S.C. 3722(c)(11)) is amended 

4 by inserting ‘‘tribal,’’ after ‘‘State,’’. 

5 (c) HOMELAND SECURITY FUNDING ANALYSIS IN

6 PRESIDENT’S BUDGET.—Section 1105(a)(33)(A)(iii) of 

7 title 31, United States Code, is amended by inserting ‘‘, 

8 tribal,’’ after ‘‘State’’. 

9 (d) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND

10 ORAL INTERCEPTION INFORMATION.—Section 2517(8) of 

11 title 18, United States Code, is amended by inserting 

12 ‘‘tribal,’’ after ‘‘State,’’ each place it appears. 

13 (e) FOREIGN INTELLIGENCE INFORMATION.—Sec14 tion 203(d)(1) of the Uniting and Strengthening America 

15 by Providing Appropriate Tools Required to Intercept and 

16 Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 

17 (50 U.S.C. 403–5d) is amended by inserting ‘‘tribal,’’ 

18 after ‘‘State,’’ each place it appears. 

19 (f) FOREIGN INTELLIGENCE SURVEILLANCE.— 

20 (1) INFORMATION ACQUIRED FROM AN ELEC21 TRONIC SURVEILLANCE.—Section 106(k)(1) of the 

22 Foreign Intelligence Surveillance Act of 1978 (50 

23 U.S.C. 1806(k)(1)) is amended by inserting ‘‘or In24 dian tribe’’ after ‘‘subdivision)’’. 
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1 (2) INFORMATION ACQUIRED FROM A PHYSICAL

2 SEARCH.—Section 305(k)(1) of the Foreign Intel3 ligence Surveillance Act of 1978 (50 U.S.C. 

4 1825(k)(1)) is amended by inserting ‘‘or Indian 

5 tribe’’ after ‘‘subdivision)’’. 

6 (g) TRANSFER OF CERTAIN SECURITY AND LAW EN7 FORCEMENT FUNCTIONS AND AUTHORITIES.—Section 

8 1315 of title 40, United States Code (as amended by sec9 tion 1706(b)(1) of the Homeland Security Act of 2002 

10 (Public Law 107–296; 116 Stat. 2316)), is amended— 

11 (1) in subsection (d)(3), by inserting ‘‘tribal,’’ 

12 after ‘‘State,’’; and 

13 (2) in subsection (e), by inserting ‘‘, tribal,’’ 

14 after ‘‘State’’ each place it appears. 

15 SEC. 13. AUTHORIZATION FOR DIRECT FUNDING. 

16 The Secretary of Homeland Security may provide any 

17 funds made available under the Homeland Security Act 

18 of 2002 (Public Law 107–296) directly to any Indian 

19 tribe, band, nation, or other organized group or commu20 nity located in the continental United States (excluding 

21 the State of Alaska) that is recognized as being eligible 

22 for the special programs and services provided by the 

23 United States to Indians because of their status as Indi24 ans. 

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