PROPOSALS ON CONGRESSIONAL OVERSIGHT OF INTELLIGENCE
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Proposals on Congressional Oversii.ht of Intellig,ence
SENATE
S. 99 [H.R. 54] [Humphrey] Joint.Committee on National Security
S. 189 [Nelson] Joint Committee on Agencies Conducting Surveillance
S. 317 [H.R. 463] .[Baker and 25] Joint Committee on Intelligence Oversight
S. Con. Res. 4 .[H. Con Res. 313] [Hathaway] Joint Committee on Information
and Intelligence
HOUSE
H.R. 54
H.R. 261
H. R . 463
H R . 2232
H.R. 7959
H.R. 8198
H.R. 8199
H. Res. 51
H. Res. 78
[S. 99] [Zablocki] Joint Committee on National Security
[Biester] Joint Committee on Intelligence Operations
[S. 317] [Frenzel] Joint Committee on Intelligence Oversight
[McCloskey] Joint Committee on Intelligence Information
[Biester] --identical to H.R. 261--
[Biester l --identical to H.R. 261--
[Broomfield] Joint Committee on Intelligence Oversight
[Roe] House Committee on CIA
[Harrington] House Committee on Intelligence Operations
H. J. Res. 656 [Sisk] Joint Committee on Intelligence Operations
H. J. Res. 657 [Hyde] --identical to H. J. Res. 656--.
H. Con. Res. 18 [Kastentifeier] Joint Committee on Central Intelligence
H. Con, Res. 313 [S. Con. Res 4] [Boland] Joint Committee on Information
and Intelligence
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CIA OVERSIGHT PROPOSALS .
The longstanding congressional oversight procedure of reporting on
Agency operations only to the Armed Services and Appropriations Committees
of both houses was significantly altered by the Foreign Assistance Act of 1974,
which requires reporting on covert action to the foreign affairs committees of
. both Houses. This means six committees now receive reports on covert operations.
Other, more far-reaching proposals have been introduced in the 94th Congress.
The Senate Subcommittee on Intergovernmental Relations of the Committee on
Government Operations held hearings on 9 and 10 December 1974 regarding
CIA oversight. Senator Muskie, Chairman of this Subcommittee, originally
announced additional hearings for early 1975, but is deferring to the Senate
Select Committee.
Following are sketches of proposals to alter the permanent CIA oversight
mechanism. All House bills on oversight have been referred to the Rules
Committee. . Jurisdiction of the Senate bills is split between the Armed Services,
- Government Operations, and Rules .Committees.
1. Joint Committee on Intelligence Oversight (S. 317, H.R. 463)
Senators Baker and Weicker and twenty-five co-sponsors introduced
the Senate proposal in the 93rd Congress and again in January. Senators Baker
and Weicker spoke in favor of their bill during the Muskie hearings last December.
Representatives Frenzel and Steelman introduced the companion House bill. The
Joint Committee on Intelligence Oversight would have fourteen members, appointed
by the leadership, and the chairmanship would alternate between the House and
Senate members for each Congress. The legislative jurisdiction of the Committee
would extend. to CIA, FBI, Secret Service, DIA, NSA, and all other governmental
activities pertaining to intelligence gathering or surveillance of persons. Heads
of all named departments would be required to keep the .Committee fully and
currently informed of all actMtieS.
2. Joint Committee on National Security (S. 99, H.R. 54)
This bill was introduced in the 93rd and 94th Congresses by Senator
Humphrey. Representative Zablocki is the House sponsor. Dr. Ray Cline,
formerly a CIA official and later the Director of the Bureau of Intelligence and
Research, Department of State, spoke in favor of this proposal during the
Mushie hearings.
The joint Committee on National Security would consist of the Speaker,
..,Majority and Minority members of ez:ch house, the chairman and ranking Minor it
members of the Armed Services, .Appropriations, foreign affairs, Joint Atomic
Energy Committees, three other Representatives, and three other Senators.
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Proposed functions of the Committee are to study foreign, domestic, and military;
national security .policies, study the National Security Council, and .study
government classification practices, and report periodically to each House on
the Committee's findings. This bill would apparently not change any present
jurisdiction.(e.g. , the Armed Services Committees would retain legislative
jurisdiction over CIA); it would merely supplement it.
3. Joint Committee on the Continuing Study of the Need to
Reorganize the Departments and Agencies Engaging in
Surveillance (S. 189)
Senators Nelson, Jackson, and Muskie introduced this proposal. Senator
Nelson introduced a similar proposal last Congress, and supported it during
. the Muskie hearings. This committee would be composed of eight Senators and
eight Representatives, with an equal party split. The Committee would be
empowered to study the need to reorganize U. S. agencies engaged in investigation
or surveillance of individuals (citizenship not specified), the extent, methods,
authority, and need for such investigation or surveillance, and the state-federal
relationship in this area. The Joint Committee would not have jurisdiction to
examine activities conducted outside the United States, but may recommend means
for Congress to oversee such extraterritorial activity.
4. Joint Committee on Information and Intelligence (S.Con.Res. 4)
Senator Hathawei is the sponsor of this proposal. It would create a
fourteen-member joint committee to study the activities of each information and
intelligence agency and their intexralationships-.
5. Several other House bills or resolutions would create joint committees
to assume CIA oversight and would either have members appointed by the leadership
or drawn from specified committees (such as Armed Services, Appropriations,
Foreign Relations, International Relations, and Government Operations). Among
this group are H.R. 261, H.Con.Res. 18, II.R. 2232.- H.Res. 51 would create a
new standing committee of the -House entitled the Committee on the Central
Intelligence Agency.
6. Mr. Delimns has reintroduced the "Central Intelligence Agency
Disclosure Act," H.R. 1267, amending certain statutory authorities to modify
Agency exemptions in the area of reporting to Congress. The bill would impose
a positive duty on the Agency to report to congressional committees and sub--
committees upon request sensitive details on prospective activities, contracts,
and covert funding, information already available to appropriate oversight'
committees under current procedures. The Agency would also be required
upon request to provide any substantive and operational information to any
congressional committee or. subcommittee relating to any matter within. its.
jurisdictior.. These provisions would proliferate sensitive information on
Agency operations throughout the Congress and fragment oversight responsibilities.
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OVER51.011 T
joint Committee on National Security
H. R. 54
[Zabl o cid]
S. 99
ElJunAphrey]
Referred to Rules Committee
Referred to Armed Services Committee
Membership
25 Members of Congress, including:
1. Speaker of the House of Representatives;
Z. Majority and Minority Leaders of the Senate and
the House;
3. Chairmen and Ranking Minority members of the
Senate Committees on Appropriations, Armed Services, and
Foreign Relations;
4. Chairmen and Ranking Minority members of the
House Committees on Appropriations, Armed Services, and
Foreign Affairs;
5. Chairman and Ranking Minority members of the
Joint Committee on Atomic Energy;
6. Two Majority and one Minority members of the
Senate as appointed by the President of the Senate;
7. .Two Majority and one Minority m(.,miberE.; of the
House as appointed by the Speaker of the House.
The Joint Committee shall, select a chairman and a vice-chairman
from among its members.
Functions.
1. To make a continuing study of the foreign, domestic, and
military policies of the U. S. to determine if they are into'gi-ated in
furtherance. of the national security;
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Z. C06878961 National SecUrity Council
with particular emphasis on'the goals, strategi_es, and alternatives of
foreign policy considered by the Council;
3. To make a continuing study of, and make recommendations
regarding government practices of classification and declassification
of documents.
Reports
The Joint Committee shall make reports not less than once each
year to the Senate and House with respect to its studies. The reports
shall contain such findings, statements, and recommendations as the
Joint Committee considers appropriate.
Powers
Make expenditures; einploy personnel; adopt rules respecting
its organization and procedures; hold hearings; subpoena witness and
documents (subpoenas may be issued over signature of the chairman or
any member designated by him or the Joint Committee); use on a
reimbursable basis the services of personnel, information, and facilities
Of an agency with the prior consent of the agency concerned; procure
printing and binding; hire consultants; utilize the services of any staff
member of House or Senate committees or subcommittees with the
consent of the committee concerned.
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;Faint Committee on the Continuing Study�of the Need to Reorg,anize
the Departrnents and Agencies Engagin1.1; in Surveillance .
S. 189 Referred to Government Operations Committee
� [Ne.lson, Jackson,. 1\iluskiel
lvlernbersliip_
16 members as follows:
-1. Eight Senators; four to be appointed by the Senate Majority
leader, four by the Minority leader.
Z. Eight Representatives; four to he appointed by the House
Majority leader, four by the Minority leader.
3. The Joint Committee shall select a chairman and vice-
chairman from its members.
-Function
Study the need to reorganize U. S. agencies engaged in
investigation or surveillance of individuals [note: citizenship of
individuals not specified), the extent, methods, authority and
need for such investigation or surveillance; study the state-federal
relationship in this area; file reports with Congress on relevant ,
matters at least annually.
Proviso: The joint Committee does not have jurisdiction to
examine activities conducted outside United States, but may recommend
means for Congress to oversee such extraterritorial activity.
Powers
1. The Joint Corm-nit:tee shall receive, subject to the above
proviso, testimony of representatives of agencies engaged in
surveillance or investigations of individuals concerning scope,
nature and guidelines of such activity.
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Committee has the authority to subpoena. witnes,ses.and
documents (issued under Chairman of the Committee or any
subcommittee or any member designated by such chairman when
authorized by a majority of the members of such committee or
subcommittee).
3. The U. S. District Court for D. C. shall have jurisdiction
in the enforcement of committee subpoenas.
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Joint: Committee on int:cing,ence 0 ye rsiullt
S. 317 Referred to Government Operations Committee
[Baker, Weicic.cr, and Z5 others]
H. R. 463 Referred to Rules Committee'
[Frenzel and Steelman]
Membe.rshia
14 members as follows:
1. Seven members of the Senate, four to be appointed by
the Senate Majority Leader and three to be appointed by the Senate
Minority Leader;
2; Seven members of the House, four to be appointed by the
House Majority Leader and three to be appointed by the House
Minority Leader.
Leade rship
Chairmanship shall alternate between a Senator and
Representative with each Congress. Chairman and Vice-chairman
can't be from same house.
Functions and Powers
1. To conduct a continuing study and investigation of the
activities and operations of CIA, FBI, Justice, the Secret Service,
DIA, DOD, NSA, and the intelligence gathering or surveillance
activities of all other a ge 11 CieS; and to consider in:oposals for the
improvement and reol-iy,anization of agencies and departments within
. the Joint Committee's jurisdiction.
2. The directors of the relevant agencie!..; shall kee.p the
Joint Committee fully and .currently informed on all.their intelligence.
and surveillance acim.vrties . The joint Conanittee shall have authority.
to require from any department or agency periodic written r cpo;-Ls
regarding activities and operations within the jurisdiction of the joint
� i� �
CommAtec. . .
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3. All bills, resolutions, and other matters in the House
or Scnatc relating primarily to the intelligence or surveillance
activities of any government organization shall be .referred to the
Joint Committee..
4. OPEN BUDGET--No funds may be appropriated for the
puiTose of carrying out any intelligence or Surveillance activity or
operation by any office, or any department or agency unless such funds
for such activity or operation have been specifically authorized by
'legislative enactment.
5. Nothing in this subsection shall be construed to deprive
any committee of either house from exercising legislative oversight
with respect to intelligence and surveillance activities related to the
jurisdiction of such committee.
6. The proposed Corrimittee has the authority to subpoena
�,
witnesses and documents (issued over the signature of the chairman,
or tny member designated by him or the Joint Committee); and Use the
Nerviees of personnel, information, and facilities of any federal
department or agency with the prior consent of the agency.
e r Ls
Senate and House members of the Joint Committee shall from
time to time report to their respective houses, by bill or otherwise,
.th(tir recommendations concerning matters within the jurisdiction
(:1 the Joint CoYaamittee.
Certification of Information
The Joint Committee may classify information originating within
tl-F.7 Committee in accordance with standards used generally by the
� (7 tit i ve branch for classifying restricted data or defense information.
The Joint Committee shall keep a complete record of all
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"Joint �.Committec on Information and Intelligence".
� S. Con.. Res. 4 Referred to Clivernment: C)perations Conimittee
[Ilathaway]
Con. Res. 313
[Boland]
MembE.....rshiR
14 members as follows:
7 Senators appointed�by the President: of the. Senate; 7
� Representatives appointed by the Speaker of the House; in each
instance not more than four members shall be from the same party..
Leadership
The Joint Committee shall select a chairman and vice--
chairman. Chairrnanshipa.nd vice-chairmanship shall alternate
between House and Senate with each Congress, and the chairman
shall be selected by the members of the Joint Committee from
the house entitled to the chairmanship.
Functions
1. Study the activities of each informa.tion and intelligence
ageilcy of the U. S. , CIA included, and their interrelationship.
2. Each information and intelligence agency of the U.S. shall
.
give the joint Committee such information regarding its activities
as the committee may require. Such information shall include
data on the amounts,-puiToses and recipients of expenditures made
by each agency.
3. All joint Committee records shall be the property of the
Joint Committee, and shall be kept in the committee offices or such
other places as the cornmittee may direct in the interest of national
security.
4. All bills, resolutions and other matters relating primarily
to any U.S. information or intelligence agency shall be referred to
the Joint Cornrittee. The�Yoint Corrunittce shall report to Congress
its recommendations. on [natters \vithin its purview. -
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r S
���4
' Make expenditures; em ploy personnel; use the.services,
information, facilities and personnel of the executive departments
Eno prior consent required]; adopt its organizational and 1Yrocedural
rules�bat no measure shall .be reported from the Joint Committee.
unless a majority of the members thereof assent;:hold hearings;
subpoena witnesses, books, papers, etc. --subpoe�as to be issued
over the Joint Committee Chairman's signature, his desig�ee's
or by the joint Committc>e.
Classification of Information
The Joint Committee is authorized to classify information
originating within the Joint Committee in accordance with standards
used generally by the executive branch.
I it
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Joint Cormilittee on Intellipence. Operations
� H. R. 261 Referred to Rules Committee
[Biester and Anderson (ill. )}
Membership
18 Members as follows:
1. Nine Representatives of whom five shall be appointed
by the House Majority Leader to include one member from each of
the Committees on Armed Services, Foreign Affairs, and
Appropriations; four members to be appointed by the House Minority
Leader including one from each of the above committees;
2. Nine members of the Senate of whom five shall be
appointed by the Senate Majority Leader to include one member from
each of the Committees on A.rmed Services, Foreign Relations, and
Appropriations; four members to be appointed by the Senate Minority
Leader to include one from each of the above-named committees.
Leadership
The Chairmanship shall alternate between the Senators and
Representatives. The Chairman and the Vice-Chairman can't be members
of the same house.
Functions and Powers
1. Conduct continuing oversight of and exercise exclusive
jurisdiction over the legislative authorization with respect to the
foreign intelligence activities and operations of CIA, DIA, DOD, NSA,
INR, Army, Navy, and .Air Force intelligence, and the foreign
intelligence activities of other agencies.
2. The directors of the above-named �rgariizatious and the
directors of all other departments conducting foreign intelligence �
�..activities, shall keep the ,Toint Committee�ful.ly and informed
with respect to all of the foreign intelligence activities and operations
of their respective organizations. The joint Committee.shall have
authority to recluire from any department or agency periodic reports
regarding activities and operations within the jurisdiction of the joint
Committee.
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All bills, resolutions, and other matters in the House or
Senate relating primarily to foreign intelligence activities shall be
� referred to the Joint :Committee.
4. Nothing in this subsection shall be construed to deprive any
committee of either house from exercising legislative oversight with
respect to foreign intelligence activities and operations related to the
jurisdiction of such committee.
5. The Committee is authorized to subpoena witnesses and
documents (issued over the signature of the chairman or any member
designated by him or the Joint Committee); and use the services of
personnel, information, and facilities of any federal department or agency
with the prior consent of the agency.
Reports
House members and Senate members of the Joint Committee
shall from time to time report to their respective houses by bill or
otherwise their recommendations regarding foreign intelligence activities.
Classification of Information
The Joint Committee shall be charged with establishing guidelines
for its information in accordance with standards used generally by the
Executive branch. The Joint Committee shall be charged with establishing
guidelines under which its data and records shall he maintained and be
made available to any member of Congress who requests such data or
any officer or employee- of the House or Senate who has been designated
by a member to have access to such records and who has the appropriate
security clearances.
The Joint Committee shall keep a complete record of all actions.
2
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0 V E R.S1C1 t
�
Joiut 'Corrmi7tteeon Interti�ence�Information and. Ameiii7lment to the
National Security Act
H. R. 2232 Referred to Rules Committee.
[McCloskey]
1. Joint Com.mittee on Intelligence Information
Membership
10 Members as follows:
1. Five Senators appointed by the President pro tempore.
No more than three may be of the same political party.
2. Five Representatives ,appointed by the Speaker, of whom no
more than three may be of the sane political party.
Leadership
Chairmanship shall alternate between a Senator and Representative
with each Congress. Chairman and Vice-chairman can't be from same
housQ,.
Functions and Powers
1. Conduct continuing review of the effectiveness and problems
of the intelligence gathering activities of the Government relating to
national security; provide Congress with an annual report of, and general
body of knowledge with respect to, the intelligence gathering activities of
the Government relating to national security.
2. Nothing in this act shall be Construed to authorize 01E! Joint
Committee to report to either house any proposed bill, resolution, or
measure, or to have referred to the Joint Committee any proposed bill,
resolution, or measure.
3. The Joint Committee, or any daly authorized subcommittee
thereof, is authorized to: .subpoena witnesses and documents (is sued over
the signature of the chairnlau or of any memberdesignated by bum or by
the Joint Committee); and use [no consent required] the services, information,
facilities, and p::_srsonne]. of government departments. and establishments.
The Joint Committee shall ket-...p a record of all its actions.
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-�
National SeTELty Act. Amendment
[Identical to McCloskey H. R. 628]
Amend Section 1 02(d)(5) to read:
"to perform such other functions and duties related
to intelligence .ailthering affecting the national
security as the National. Security Council may from
tin-Le to time direct.
Add after Section. (d)(5) the following paragraph:
"Nothing in this subsection shall be construed to
authorize the Agency to engage in any manner or to
any extent in the incitement, organization, super-
vision, assistance, or conduct of any military,
paramilitary, or political activity."
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OVIMS.IGE
Joint Committee on 1ntelligence Oversight
H.R. 8199
[Broomfield]
Membership:
14 members:
Referred to Rules Committee
� 7 Senators - 4 of majority party, 3 of
minority party, all appointed by President pro tempore
7 Representatives - 4 of 'majority party,
3 of minoritY, party, all appointed by the Speaker
�
Leadership:
Chairmanship and Vice Chairmanship shall alternate between Houses.
Duties:
11 Conduct a continuing study and investigation of the budgets
of CIA, FBI, Secret Service, DIA, NSA, other DOD intelligence components,
and related intelligence functions of all other federal agencies and
departments.
2. Authorized to report by June 30, 1977 .its recommendations
regarding reorganization and improvement of agencies within its jurisdiction.
3. Heads of all agencies within the jurisdiction of the committee
shall keep the committee fully and currently informed of all activities.
Classification:
Committee may classify information ill accordance with Executive
Branch standards.
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Protection of Information:
. .
. Committee shall institute and carry ourrules necessary to. prevent
disclosure of its classified information. Members of the staff must have
security clearances. As a condition of employment, each person. shall agree
not to accept any payment for a speaking arrangement .on article connected
with the investigation and study of a :Joint committee. Rules of this
committee take precedence over other rules of House and Senate.
:. �
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OVERS [Cl IT
Standinc2, !louse Committee on the Central Intelligence Agency
H. Res. 51
[Roe 1
Membership.:
Referred to Rules Committee
15 members as follows:
1. Five members currently serving on
the Committee on Armed Services;
2. Five Members currently
Committee on Foreign Affairs; and
3. Five other members.
Jurisdiction: CIA
serving on the
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OVER8IGI
Standing House Committee on Intelligence Operations .
H. Res. 78 Referred to Rules Committee
[Harrington]
Membership:
.15 Representatives, including:
5 serving concurrently on Armed Services
5 serving concurrently on Appropriations
5 serving concurrently on International Relations
Jurisdiction:
Oversight jurisdiction over CIA; DIA; NSA; 1NR; Army, Navy
and Air Force intelligence; and matters relating generally to foreign
intelligence activities.
Reports:
Connittee shall keep records of all its actions to be maintained
"under appropriate security safeguards in the national interorest."
Pursuant to whatever security safeguards the committee deems necessary,
it shall make records and data available to members and employees designated
ly members.
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OVERSIGHT
�
joint Committee on Intelligence Operations
H. J. Res.. 656 Referred to Rules Committee
[Sisk}
IL J. Res. 657 Referred to Rules Committee
[Hyde]
Membcrshdp:
20 Members, including:
10 Representatives and 10 Senators,
including chairmen and =Ring minority members
from Committees on Armed Services, Appropriations,
and International hnd Foreign Relations.
Duties:
Exercise oversight for all U. S. intelligence-gathering and
overt activities L;,:d operations, including but not limited to CIA;
DIA; NSA; Army, Navy, Air Force intelligence; INR.
mop,
Agency Reporting:
All intelligence agencies must keep the cumittee fully and
currently informed with respect to all activities and operations.
Power to Secure. Information:
Joint Committee is authorized to secure any information relating
to intelligence from any executive agency.
Clas-Afication:
Joint Curmittee will establish classification for all material
ofif�janting with the committee. The committee shalt.doterminc; appropriate
security ciearnnces.
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0 VER;:.I.G
Joint CoMmittee on Central Intelli�ence
Con. J.ZeS. 18 Referred to Rules Committee
[Kastenmeier]
Membership,
1. Nine members of the Senate, ztppoint.cd by the President
of the Senate. Not more than five of the members are to be members
of the majority party.
2. Nine members of the House, appointed by the Speaker,
Not more than five of the members are to be from the majority party..
Functions
1. To make a continuing study of national security intelligence
activities and the coordination and utilization of intelligence by the
various agencies of the Govc.lrnment.
2. CIA and all other agencies engaged in foreign intelligence
shall keep the Joint Committee fully and currently informed of all
their activities.
3. All bills, resolutions, and other matters relating primarily
to CIA or to the foreign intelligence activities of other agencies shall
be referred to the joint Committee.
Powers
The joint Committee is a,uthorized to hold heariug:L; ; subpoena
witnes:ie!-; and documents; and to utilize the services, informttion,
fac.ilities, and iwrsonnr-...l of the defrIrtmunth of now:rnmemt on a reirn_
bur able basis with prior consent of the head o E the departtnent or agency
con( c
The members of the Joint Committee from each house must report
t !�,,�; rc--;spect.i ye Itour.;-.:,; frwil [inv.; to I itnc.:, bk.:t no less than one.e
t nec montlyz,,, their recorrvo 1.1dationc; regarding tor-ttter:-.; w thin
..1.!:H!..diC1.1011 of the. r.�nmiliift.
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