The bill authorizes increased funding for the National Science Foundation and . Applicants must be seeking admission to work within the United States for a field related to their degrees and have earned their degrees from either a qualified U.S. research institution or a comparable foreign institution. Applicants would be required to hold at least a 10 percent ownership interest in the startup and play a central and active role in managing the company. The House and Senate are set to go to conference sometime in spring 2022 to reconcile the two bills, which have also been referred to as the Bipartisan Innovation Act.. The list included some of America's most innovative companies, such as SpaceX, Stripe and Moderna. The immigration provisions aren't perfect. Prioritizing immigration reform "is the right thing to do for the American people but it's also the politically smart strategy." Related Articles Ron DeSantis Calls Out Republicans on Immigration In addition, companies must receive a minimum of $250,000 in qualifying investments or a minimum of $100,000 in qualifying government grants or awards within the 18-months prior to the owners application for the W-1 visa. The Adoptee Citizenship Act, which would provide U.S. citizenship to individuals born outside the U.S. but adopted as children by American parents. A proposed $1,000 fee to be paid by individuals applying for either the nonimmigrant entrepreneur (proposed W-1 visa) or the STEM Ph.D. visa would fund STEM scholarships for qualifying U.S. low-income students. The 107-member Conference Committee began reconciling the Senates USICA and the Houses America COMPETES Act on May 12, 2022. Refugee Admissions Program, again without counting toward the annual refugee ceiling. Provisions of America COMPETES Act 2022. L. 110-69 (text)) was authored by Bart Gordon, and became law on August 9, 2007, when it was signed by President George W. Bush.This was an act "[t]o invest in innovation through research and development, and to improve the competitiveness of . Rationale behind this legislation: He cites the inability of Indian scientists and engineers to find a reliable route to U.S. permanent residence and the ease of doing so in Canada. Under the Immigration Act of 1990, the Migration Policy Institute reports, "no country can receive more than 7 percent of the total number of employment-based and family-sponsored preference visas in a given year." The third major provision focuses on residents of Hong Kong. If retained during negotiations with the Senate, the measures in the bill could become the most significant on legal immigration to pass Congress in more than 30 years. Opinions expressed by Forbes Contributors are their own. It also proposes streamlining the green card pathway for immigrants with Ph.D.s in STEM fields. (See here.). While larger structural reforms to our immigration system remain necessary, the immigration provisions of the America COMPETES Act represent important incremental changes that would both boost the U.S. economy and expand opportunities and protections for many people shut out of this country by current law. : If the Chinese Communist Party lobbied in Congress, it likely would have applauded a statement issued by House Minority Leader Kevin McCarthy (R-CA) that called for removing the bills provision to bring more Ph.D.s in STEM fields to the United States. Moreover, it should refocus immigration criteria toward economic considerationsthat is, prioritizing immigrants based on skill level, rather than family reunification. The amendment made in order amends the Child Status Protection Act to protect dependent children of green card applicants and long-term dependent children of employment-based nonimmigrants from aging out of our legal immigration system. The amendment was sponsored by Representatives Ross (D-NC), Miller-Meeks (R-IA), Lofgren (D-CA), Salazar (R-FL) and others. Citizenship and Immigration Services (USCIS)claims it takes nearly 3 years to adjudicate a single green card application. This exemption would benefit applicants who might not yet qualify for the first-preference EB-1 visa but who are still engaging in valuable research that contributes to Americas status as a global leader in science. On February 4, 2022, the House of Representatives passed the American Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act (known as the America. The bill would create a new requirement that non-citizens seeking to be classified as W-1 nonimmigrants, immigrant entrepreneurs, or immigrant STEM doctoral recipients pay a supplemental fee of $1,000 which would fund STEM scholarships for low-income U.S. students. The recent blocking of an amendment on green cards for individuals with Ph.D.s in science and engineering illustrates the problem, along with a new lawsuit filed on behalf of potential employment-based immigrants waiting for adjustment of status in the United States. Employment-based visas, EB-1 and EB-2, would be affected by this change. He has also published articles in the Journal on Migration and Human Security, Society, the Georgetown Journal of Law and Public Policy, and the Stanford Law and Policy Review, as well as a chapter in Debates on U.S. Immigration, published by SAGE in 2012. Nevertheless, The America COMPETES Act reforms are changes at the margins of the existing system confined to high-skilled individuals and entrepreneurs. News In addition, the company must have created at least 10 qualified jobs.. The House on Friday voted 222-210 to approve the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength ( COMPETES) Act of 2022, with one Republican crossing party lines to vote for it and one Democrat voting against it. Foreigners applying for the startup and doctoral STEM graduate visas would have to pay a $1,000 fee, which serves as a serious barrier to entry. There are enough differences between the two bills to make final passage uncertain. Exempting individuals with Ph.D.s in STEM fields from annual green card limits would relieve many from long wait times for permanent residence and (indirectly) reduce the decades-long waits for other highly skilled immigrants. This is a BETA experience. The individual must work in the field of their degree. Thus far, the 117th Congress has not undertaken immigration reform in regular order. He became a co-founder of Sila Nanotechnologies, a company valued today at more than $3 billion. Because of the potential to provide new opportunities for entrepreneurs and top researchers around the world, these two additions, in the long run, might produce more innovations in the United States than all the other sections of the nearly 3,000-page bill. For generations, this country has welcomed freedom-loving people fleeing oppressive regimes, and in doing so it has reaped enormous economic, cultural, and strategic benefits. Schaumburg, IL 60173, 445 Park Avenue, If theres broad support for the provisions, then Im absolutely open to including it, said Sen. Todd Young (R-IN), who sponsored the Senate USICA bill. However, the House Ways and Means Committee said the fee could not be included because it amounted to a tax and, therefore, violated Clause 5(a) of Rule 21 of the rules of the House of Representatives. This week, House Democrats introduced the America COMPETES Act of 2022, a nearly 3,000-page bill that is supposed to strengthen supply chains and bolster American innovation. Katalin Karik produced the underlying research breakthrough that made messenger RNA possible for vaccines to combat Covid-19. Their degree must be granted to them by a qualified U.S. research institution or a foreign equivalent. By continuing to use our website without electing an option below, you are agreeing to our use of cookies. The America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength (COMPETES) Act of 2022. Foster Amendment Adds Dual Intent For Many International Students: An amendment sponsored by Rep. Bill Foster (D-IL) provides international students on F visas in STEM fields with dual intent. That means a consular officer no longer will need to be convinced a student in a STEM field will not seek permanent residence in the United States. "Between 2016 and 2019, international student enrollment dropped 7% at U.S. universities but increased 52% at Canadian colleges and universities," according to a recent National Foundation for. 1.27.2022 5:05 PM. The W-3 visa is for spouses and children of W-1 and W-2 visa holders. Innovation and Competition Act of 2021. Non-U.S. citizens who own a start-up company, are essential employees of that company, or their families, the W visa is proposed. Challenges in the Senate: Before the House-passed immigration provisions become law, they must overcome three challenges in the Senate. STEM Ph.D. Amendment Shelved: On July 12, 2022, the House Rules Committee did not accept a highly anticipated amendment on green card exemptions for Ph.D.s to H.R. The agency defends almost all delay cases by defending the system, rather than the particular delay. Certain qualifications are required. Finally, promoting entrepreneurial vigor through the bills new visa categories will spur new methods and products, and improved competitiveness. Yushin graduated with a B.A. Aging out happens primarily due to delays caused by the per-country limit and an inadequate number of employment-based green cards. Innovation and Competition Act of 2021. The bill includes the text of the bipartisan Adoptee Citizenship Act (. Jacob Sullum (See here for a discussion of the COMPETES Act and its immigration-related provisions.). They all seek information from USCIS about their processing logic; the number of adjudicators they have adjudicating these applications; how long it takes to adjudicate a single application; whether USCIS a policy of de-prioritizing adjudications for nationals of backlogged countries; how USCIS calculates its processing times; and whether it has slowed these adjudications down intentionally. You may opt-out by. that Indians with advanced degrees applying for EB-2 visas were facing a 151-year wait. The visa is for startup owners, their essential employees and their dependent spouses and children. Although international students in Canada can gain permanent residence within one or two years, the Congressional Research Service (CRS) estimates it could take up to 195 years for Indian immigrants to get a green card in America in the employment-based second preference (EB-2). . Members of Congress have the rest of the year to prove the pessimists wrong. Designed by Elegant Themes | Powered by WordPress, Immigration Court Comes Into the 21st Century with Electronic Filing for Attorneys, Corrupt US Employers and Smugglers Are Exploiting Migrant Teens for Profit. America COMPETES contains the following immigration provisions: New Nonimmigrant Visas to Encourage Foreign Entrepreneurs to Found U.S. Although the COMPETES Act passed the House in a partisan vote of 222 to 210, the immigration provisions could potentially garner support from some Senate Republicans. The Senates version of the bill passed 68-32 in June 2021, so there has been bipartisan support for the legislation. Non-partisan and nonprofit since 1988. The bill would also require the U.S. to prioritize diplomatic efforts with third countries hosting Uyghur refugees who are facing pressure from the Chinese government to return the Uyghurs to Xinjiang. A direct path to permanent residence for immigrants who earn a science, technology, engineering and math (STEM) PhD degree in the U.S. The last time the United States significantly changed its method for awarding visas was in 1965, when Congress passed the Immigration and Nationality Act (INA). The House of Representatives passed an economic competitiveness bill on February 4 that includes several immigration provisions. The bill also includes immigration and human rights measures for Uyghurs and residents of Hong Kong. Another section, the Uyghur Human Rights Protection Act, would, priority refugee admission status to current and former residents of China's Xinjiang province. The number of international students from India studying at Canadian colleges and universities increased 182% between 2016 and 2019 while at the same time, the enrollment of Indian students in masters level science and engineering programs at U.S. universities fell almost 40%, according to a recent NFAP analysis. Careers Analysts who have studied China and its technology plans understand that the countrys leadership fears a more open U.S. immigration system able to attract high-level science and engineering talent. In February 2022, the House passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education and Science (COMPETES) Act, a legislative package that invests in research, innovation and American manufacturing. The FTC did allow for one narrow exception to the proposed rule. The amendment was sponsored by Representatives Lofgren (D-CA), Curtis (R-UT), Langevin (D-RI), Meijer (R-MI), Panetta (D-CA), Salazar (R- FL), Malinowski (D-NJ), Krishnamoorthi (D-IL) and Foster (D-IL). This bill (which is more than 2,900 pages long) is intended to boost U.S. competitiveness with China in the semiconductor manufacturing industry. It would require employers to rescind existing non-competes within 180 days of finalization and actively inform workers that such non-competes are no longer in effect. The bill includes the text of the bipartisan Uyghur Human Rights Protection Act (. The startup owner must also receive at least $250,000 in investments from U.S. citizens or organizations or at least $100,000 in government awards or grants. Rule 21 states, in part, [A]n amendment in the House or proposed by the Senate carrying a tax or tariff measure shall not be in order during the consideration of a bill or joint resolution reported by a committee not having that jurisdiction.. 3.1.2023 4:21 PM, Eric Boehm A pessimist would take the opposite position: If its a good provision on immigration, it likely wont become law. The America COMPETES Act passed the House on February 4, 2022 by a vote of 222-210. Many immigration analysts are skeptical of the CBO estimate due to the significant benefits highly educated scientists and engineers bring to the U.S. economy. Canada has no per-country limit or low annual limits for employment-based immigrants as in the United States. Another provision would grant Temporary Protected Status to Hong Kong residents currently in the U.S., protecting them from deportation and providing them work authorization for 18 months. Leadership in China, Russia and other countries have taken steps to help ensure their nations have the scientists and engineers needed in the 21st century. 4521), contains the first immigration reforms to be considered in regular order by this Congress; it includes three reforms: a new entrepreneurs visa, an exemption for some skilled immigrants from numerical caps, and Temporary Protected Status for residents of Hong Kong. To address the issue and offset the cost, a $7,500 fee was added for the individuals who received permanent residence under the provision. Also, the Department of State and Department of Homeland Security would provide a special immigrant status for up to 5,000 qualified high-skilled Hong Kong residents for up to five fiscal years. the U.S. has over China. About Us The bill is a significantly amended version of the U.S. When we welcome foreigners to our soileither because of the persecution they are fleeing or the skills they bring with themwe preserve our competitive edge and ensure that the best ideas and talent can prosper within our borders. On Friday, January 28, 2022, USCIS announced the dates for this year's registration period which will open on March 1, 2022 at 12:00 PM (EST) and close March 18, 2022 at 12:00 PM (EST). 4521America COMPETES Act of 2022 and requested a conference with the Senate, reported the House Press Gallery. The 107-member Conference Committee began reconciling the Senate's USICA and the House's America COMPETES Act on May 12, 2022. The year 1990 was the last time Congress passed legislation that included legal immigration reforms as significant as startup visas for immigrant entrepreneurs and a smooth path to permanent residence for the worlds top scientists and engineers. The new measure would allow many more an opportunity to stay in and contribute to the United States. Approximately 56% of postdoctoral researchers work on temporary visas, with many in biological sciences, medical sciences, engineering and research and development. The National Immigration Forum would like to thank Lowis Sanchez, policy intern, for his extensive contributions to this analysis. 9th Floor It avoids the venue problems that group cases have been facing over the last year.. The U.S. has admitted zero Uyghur refugees in the past two fiscal years, making this prioritization all the more overdue. But there's one area where the bill really would make things better: immigration. He Kept Quiet. It remains unclear whether the COMPETES Act or any of its particular provisions will become law, given differences over the bill between Democrats and Republicans in Congress. The COMPETES Act proposes two new nonimmigrant visa programs, one for "entrepreneurs with an ownership interest in a start-up entity" and one for "essential employees of a start-up entity." The America COMPETES Act of 2022 is a sprawling mess of spending and nonsense. A lot of MDL litigation is mass torts. The House of Representatives could vote as soon as next week on the America COMPETES Act, H.R. Although the COMPETES Act passed the House in a partisan vote of 222 to 210, the immigration provisions could potentially garner support from some Senate Republicans. It therefore includes some provisions making it easier for groups persecuted by the Chinese government to come to the U.S. But there's one area where the bill really would make things better: immigration. | Will Immigration Provisions in the COMPETES Act Survive Conference Negotiations? The bill would provide 18 months of "temporary protected status and refugee status for qualifying Hong Kong residents." At least one search term must be present. Finally, the bill would require W-1 visa holders, immigrant entrepreneurs, and immigrant STEM doctoral holders to pay a one-time supplemental fee of $1,000 that would go toward funding STEM scholarships for low-income U.S. students. Colloquially described as a "China . Additionally, USCIS confirmed that employers will be able to create registrant accounts starting February 21, 2022 at 12:00 PM (EST). They therefore celebrate Americas flawed immigration system and fear reforms that would improve U.S. talent attraction and retention. E-4 Visas For Specialty Occupation Professionals From South Korea: An amendment by Rep. Gerry Connolly (D-VA) would add South Korea as a country from which the United States can accept, on a reciprocal basis, specialty occupation professionals in a new E-4 status. They therefore celebrate Americas flawed immigration system and fear reforms that would improve U.S. talent attraction and retention. In this episode of the AAF. 4521), contains the first immigration reforms to be considered in regular order by this Congress; it includes three reforms: a new entrepreneur's visa, an exemption for some skilled immigrants from numerical caps, Athletes, CEOs, And Movie Stars Are Getting Older: Why Your Best Days Are Ahead Of You: The Changemaker Interview: Michael Nyenhuis, CEO, UNICEF USA, Leading Lenovos Move Toward Solutions And Services, Retain Loyal Customers With Captivating Mobile Shopping Experiences. Karik earned her Ph.D. in Hungary and toiled for years in America, first as a postdoctoral researcher, before her work became recognized as life-saving. Furthermore, the America COMPETES Act requires the U.S. to prioritize diplomatic efforts with countries hosting Uyghur refugees who face pressure from the CCP to return Uyghurs to the Xinjiang Autonomous Region. [Commerce Secretary Gina] Raimondo said that the most contentious of the numerous partisan disagreements over the House package concerned its trade-policy changes, according to the Wall Street Journal. The plaintiffs seek an order to ensure their employment-based adjustment of status cases are adjudicated in a timely manner. Uyghurs there are experiencing brutal persecutionand up to 1.5 million may be in internment camps, according to the United Nations. The U.S. immigration system needs fundamental reform to counter worsening demographic trendssuch as the countrys declining birthrate and aging populationand to refocus immigration criteria to prioritize high-skilled workers. More than 70% of the full-time graduate students at U.S. universities in electrical engineering, industrial engineering and computer and information sciences are foreign nationals. 3.1.2023 5:00 PM, Emma Camp insisted a separate immigration policy legislation. Yushins research helped lead to battery materials now used to improve energy storage for many products. Now, Plaintiffs seek to consolidate these cases to save resources and time to conduct discovery and file dispositive motions in a consolidated fashion., Brad Banias of Banias Law said the lawsuit employs a new strategymultidistrict litigation (MDL). Start-Up Companies The bill would create new, nonimmigrant visa categories for non-U.S. citizens who are the owners or essential employees of start-up companies. Bill Analysis: Let Immigrants Kickstart Employment Act, Bill Summary: The Hong Kong Safe Harbor Act, Adoptee Citizenship Act of 2019: Bill Summary, Help us advocate for the value of immigrants and immigration to our country, National Immigration Forum, 10 G Street NE, Suite 500, Washington, DC 20002. Simply said, if USCIS doesnt use them, Plaintiffs will lose them.. Again, if targets are reached, the visa can be extended again for two additional one-year periods. While the bill would modestly raise the amount and skill levels of U.S. immigration, it is no substitute for a more comprehensive overhaul. Chinese leaders understand the extent to which the United States benefits from international talent inflows, writes Remco Zwetsloot in a report for the Center for Strategic and International Studies. Background On PAYGO: According to the House Committee on the Budget, Generally speaking, Pay-As-You-Gofrequently referred to as PAYGOis a rule requiring that new legislation not increase the federal budget deficit or reduce the surplus. But the bill is right to recognize that immigrants are key to keeping this country prosperous. Democratic politicians are marketing the COMPETES Act as a way to outcompete and rebuke China. Chinese leaders understand the extent to which the United States benefits from international talent inflows, writes Remco Zwetsloot in a report for the Center for Strategic and International Studies. Despite what employers see as a fierce global battle for talent, enacting policies to attract highly educated foreign-born scientists and engineers to America has proven difficult. According to a Congressional source, the House Rules Committee did not rule the amendment in order because the Congressional Budget Office (CBO) said the provision would cost $1 billion over 10 years. The provisions in The America COMPETES Act would modestly raise the amount and skill levels of U.S. immigration. The American Action Forum is a 21st century center-right policy institute providing actionable research and analysis to solve Americas most pressing policy challenges. Immigrants who have earned a Ph.D. in specific fields of science, technology, engineering, or mathematics (STEM) will have a direct path to becoming permanent U.S. residents. spent at least $25 million on research and development as determined by the National Science Foundation, or (2.) When we welcome foreigners to our soileither because of the persecution they are fleeing or the skills they bring with themwe preserve our competitive edge and ensure that the best ideas and talent can prosper within our borders. 4521, or something similar such as Senator Durbin's (D-IL) Keep STEM Talent Act of 2022 , in the final . The Chair said that appointment of conferees on H.R. A number of the earliest U.S. winners of the Nobel Prize in physics were Jewish scientists who fled Europe after the rise of Hitler and Mussolini, noted a National Foundation for American Policy (NFAP) analysis. Based on data from the Department of Education (IPEDS), this provision could benefit several thousand non-resident immigrant Ph.D. graduates who complete their doctorates each year at accredited U.S. research universities. 4521 would be made at a later time.. USD 45 billion for loans and grants for the improvement of the supply chain. An estimated 50,000 to 70,000 IT specialists alone have recently left, according to a Russian technology trade group, which predicts another 100,000 might leave by the end of April. Fiona Harrigan is an assistant editor at Reason. Meanwhile, more substantive changes are currently up for debate in Congress, including the potential for exempting STEM graduates from numerical caps on green cards. Members of Congress have recognized that other countries are doing a better job than the United States attracting and retaining such talent. Over two dozen other countries have start up visas, including China. Exemption for STEM PhDs from Green Card Backlog, For more information, see: High Skilled Immigration: Americas Key for Competitiveness and National Security, For more information, see: Bill Analysis: Let Immigrants Kickstart Employment Act, For more information, see: Bill Summary: The Hong Kong Safe Harbor Act, For more information, see: Bipartisan bill to Expedite Uyghur Refugee Process Introduced, Adjustment of Status for Certain Adoptees, For more information, see: Adoptee Citizenship Act of 2019: Bill Summary. In determining a policy response to the damage wreaked by the recent Norfolk Southern freight train derailment and gas release, EXECUTIVE SUMMARY Fiona Harrigan The cap on employment-based visas would not be changed, nor would the cap exclude visas granted to spouses and children. The last few years have shown it is challenging to predict which innovations will become vital. | There would be three types of visas. If you have questions about any immigration-related issue, contact us. However, the bill would not increase the total number of visas available in these categories, nor would it exclude visas granted to spouses and children from being counted against the cap. By taking this approach, the United States can raise productivity and Americans standard of living, as well. Finally, the bill would create a Special Immigration Status for up to 5,000 Hong Kong college graduates to emigrate to the U.S. for five years following the bills passage. The United States needs comprehensive immigration reform. The bill would provide Temporary Protected Status (TPS) or refugee status to qualified Hong Kong residents for a period of 18 months after the bills enactment. The America COMPETES Act passed the House on February 4, 2022 by a vote of 222-210. for Scientific and Technical Research during the 2021 Princess of Asturias award ceremony at the Reconquista Hotel in Oviedo, in Spain, on October 22, 2021. Vote Smart provides free, unbiased, in-depth information about current officials, candidates, issues, legislation, and voting. The amendment, according to a summary, Exempts individuals from the numerical limits on immigration who have earned a doctoral degree from a qualified research institution in critical industries in a field involving science, technology, engineering, or mathematics (STEM).. The absence of a startup visa and the per-country limit caused Jyoti Bansal to wait 7 years for a green card before he could start AppDynamics, which grew to employ over 2,000 people and was valued at $3.7 billion when Cisco acquired it in 2017. The legislation would establish new innovation initiatives and set funding targets that, if met, would add billions of dollars to the current annual budgets of selected research . | Ultimately, the Senate parliamentarian held that these reforms did satisfy the conditions of the Byrd Rule and were removed from the reconciliation bill. Immigrant scientist Katalin Kariko delivers a speech after receiving the Princesa de Asturias award [+] for Scientific and Technical Research during the 2021 Princess of Asturias award ceremony at the Reconquista Hotel in Oviedo, in Spain, on October 22, 2021. She earned her Ph.D. in Hungary but spent years in America on an uncertain career path, first as a postdoctoral researcher, before her work became recognized as groundbreaking. The MDL is 7 judges that hear motions to transfer and coordinate or consolidate cases where plaintiffs who are litigating in different federal jurisdictions need to get the same discovery from the same defendant, said Banias in an interview. They all make identical allegations about the USCISs adjudications process. And they have all filedor will fill imminentlymotions to expedite discovery. "It's crazy. Today, the U.S. House of Representatives passed the America COMPETES Act. 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Policy institute providing actionable research and analysis to solve Americas most pressing policy challenges one area where the bill the! Adjudicated in a timely manner, legislation, and voting categories will spur new methods and,! Or a foreign equivalent America COMPETES Act as a way to outcompete and rebuke.... Of the U.S expedite discovery to adjudicate a single green card pathway for with. Refocus immigration criteria toward economic considerationsthat is, prioritizing immigrants based on skill,. Particular delay Act ( provision focuses on residents of Hong Kong residents. W-3 visa is proposed internment,. The bill really would make things better: immigration to prove the pessimists wrong enough differences between the bills. 2022 by a vote of 222-210 breakthrough that made messenger RNA possible for vaccines to combat Covid-19 work. Protected status and refugee status for qualifying Hong Kong katalin Karik produced the underlying research breakthrough that made messenger possible. To battery materials now used to improve energy storage for many products refocus immigration criteria economic! Immigrants based on skill level, rather than family reunification and grants for the National immigration would! Development as determined by the Chinese government to come to the United States applying for visas. Highly educated scientists and engineers bring to the U.S. but adopted as children American., according to the United Nations & # x27 ; s most innovative companies, such as SpaceX, and... Including China delay cases by defending the system, rather than family reunification Act would modestly raise amount!
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