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SHORT TITLE Congress in enacting this chapter provided by section 1 of act July 2, 1948 that it should be popularly known as the "National Industrial Reserve Act of 1948."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 453 of this title. § 452. Definitions.

(a) The term "national industrial reserve", as used in this chapter, means that excess industrial property which has been or may hereafter be sold, leased, or otherwise disposed of by the United States, subject to a national security clause, and that excess industrial property of the United States which not having been sold, leased, or otherwise disposed of, subject to a national security clause, shall be transferred to the Administrator of General Services under section 454 of this title.

(b) The term "excess industrial property", as used herein, means any machine tool, any industrial manufacturing equipment and any industrial plant (including structures on land owned by or leased to the United States, substantially equipped with machinery, tools, and equipment) which is capable of economic operation as a separate and independent industrial unit and which is not an integral part of an installation of a private contractor, which machine tools, industrial manufacturing equipment, and industrial plants are under the control of any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation and which are not required for its immediate needs and responsibilities as determined by the head thereof.

(c) The term "national security clause", as used in this chapter, means those terms, conditions, restrictions, and reservations, heretofore formulated or as may be formulated under section 453 (2) of this title for insertion in instruments of sale or lease of property, determined in accordance with section 453 (1) of this title to be a part of the national industrial reserve, which will guarantee the availability of such property for the purposes of national defense at any time when availability thereof for such purposes is deemed necessary by the Secretary of Defense. (July 2, 1948, ch. 811, § 3, 62 Stat. 1225; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380.)

TRANSFER OF FUNCTIONS

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103(b) of that act.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 453 of this title.

§ 453. Powers and duties of Secretary of Defense.

To effectuate the policy set forth in section 451 of this title the Secretary of Defense is authorized and directed to

(1) determine which excess industrial properties should become a part of the national in

dustrial reserve under the provisions of this chapter;

(2) formulate a national security clause, as defined in section 452(c) of this title and vary or modify the same from time to time in such manner as best to attain the objectives of this chapter, having due regard to securing advantageous terms to the Government in the disposal of excess industrial property;

(3) consent to the relinquishment or waiver of all or any part of any national security clause in specific cases when necessary to permit the disposition of particular excess industrial property when it is determined that the retention of the productive capacity of any such excess industrial property is no longer essential to the national security or that the retention of a lesser interest than that originally required will adequately fulfill the purposes of this chapter: Provided, That nothing in this subsection shall require the modification or waiver of any part of any such national security clause when such clause is deemed necessary by the Secretary of Defense to effectuate the purposes of this chapter; and

(4) designate what excess industrial property shall be disposed of subject to the provisions of the national security clause.

(July 2, 1948, ch. 811, § 4, 62 Stat. 1226.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 454, 455 of this title.

§ 454. Plant disposal; modification of national security clause; transfer to Administrator of General Services; machine tools.

(a) In the event that any agency charged with the disposal of excess industrial property, after making every practicable effort so to do, is unable to dispose of any excess industrial plant because of the national security clause it shall notify the Secretary of Defense, indicating such modifications in the national security clause, if any, which in its judgment would make possible disposal of the plant. The Secretary of Defense shall consider and agree to any and all such proposed modifications as in his judgment would be consistent with the purposes of this chapter. If, however, such clause is not modified or the requirements thereof waived pursuant to section 453 (c) of this title, or if modified, such plant cannot then be disposed of under such modified clause, the Secretary of Defense shall direct that such plant be transferred to the Administrator of General Services, and such transfer shall be without reimbursement or transfer of funds.

(b) Notwithstanding any other provisions of law, any agency charged with the disposal of excess machine tools and industrial manufacturing equipment shall transfer custody of such machine tools and equipment as may be designated by the Secretary of Defense pursuant to section 453 of this title to the Administrator of General Services, without reimbursement, for storage and maintenance. (July

2, 1948, ch. 811, § 5, 62 Stat. 1226; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380.)

TRANSFER OF FUNCTIONS

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal

Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of that act.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 452, 456, 457 of this title.

§ 455. Acceptance of plants by Administrator of General Services; disposition; conditions of lease. Subject to provisions of section 456 of this title, the Administrator of General Services is authorized and directed to accept the transfer to it of such excess industrial property as is directed to be transferred to it under section 453 of this title and, as and when directed or authorized by the Secretary of Defense pursuant to section 456 of this title, to utilize, maintain, protect, repair, restore, renovate, lease, or dispose of such property. Notwithstanding section 303 (b) of Title 40, any lease may provide for the renovation, maintenance, protection, repair, and restoration by the lessee, of the property leased, or of the entire unit or installation when a substantial part thereof is leased, as part or all of the consideration for the lease of such property. (July 2, 1948, ch. 811, § 6, 62 Stat. 1226; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380.)

TRANSFER OF FUNCTIONS

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of that act.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

§ 456. Powers of Secretary of Defense respecting property in national industrial reserve.

The Secretary of Defense, with respect to property in the national industrial reserve, is authorized when he deems such action to be in the interest of national security

(1) to establish general policies for the care, maintenance, utilization, recording, and security of such property transferred to the Administrator of General Services pursuant to section 454 of this title; and

(2) to direct the transfer without reimbursement by the Administrator of General Services of any of such property to other Government agencies with the consent of such agencies; and (3) to direct the leasing by the Administrator of General Services of any of such property to designated lessees; and

(4) to authorize the disposition by the Administrator of General Services of any of such property by sale or otherwise when in the opinion of the Secretary of Defense such property may be disposed of subject to or free of the national security clause provided for in section 454 of this title; and

(5) to authorize and regulate the lending of any such property by the Administrator of General Services to any nonprofit educational institution or training school when (a) the Secretary shall determine that the program proposed by such institution or school for the use of such property will contribute materially to national defense, and (b) such institution or school shall by agreement make such provision as the Secretary shall deem satisfactory for the proper maintenance of such property and for its return to the Administrator of General Services without expense to the Government.

(July 2, 1948, ch. 811, § 7, 62 Stat. 1227; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380.)

TRANSFER OF FUNCTIONS

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103(b) of that act.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

CROSS REFERENCES

Administration of synthetic rubber-producing facilities, see section 1941 (f) of Appendix to this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 455, 457 of this title.

§ 457. Transportation, maintenance, disposition, etc., by Administrator of General Services of transferred property.

As and when directed or authorized by the Secretary of Defense pursuant to the provisions of section 456 of this title, the Administrator of General Services shall after the date upon which transfer is directed pursuant to section 454 of this title provide for the transportation, handling, care, storage, protection, maintenance, utilization, repair, restoration, renovation, leasing, and disposition of excess industrial property. (July 2, 1948, ch. 811, § 8, 62 Stat. 1227; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380.)

TRANSFER OF FUNCTIONS

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of that act.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

§ 458. Limitation on acquisition of property.

Nothing contained in this chapter shall be construed as authorizing the acquisition of any property for the national industrial reserve except from excess or surplus Government-owned property. (July 2, 1948, ch. 811, § 9, 62 Stat. 1227.)

§ 459. Industrial Reserve Review Committee; composition, appointment, tenure, and compensation; laws applicable.

The Secretary of Defense shall appoint a National Industrial Reserve Review Committee, which shall consist of not exceeding fifteen persons to be appointed from civilian life who are by training and experience familiar with various fields of American industry, including shipbuilding, aircraft manufacture, machine tools, and arms and armament production. The members of such Committee shall serve for such term or terms as the Secretary of Defense may specify and shall meet at such times as may be specified by the Secretary of Defense to consult with and advise the Department of Defense. Each member of such Committee shall be entitled to compensation in the amount of $50 for each day, or part of day, he shall be in attendance at any regular called meeting of the Committee, together with reimbursement for all travel expenses incident to such attendance: Provided, That nothing contained in sections 93, 198 and 203 of Title 18; in section 99 of Title 5; in last paragraph of section 119 of Title 41; or in any other provision of Federal law imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with any claim proceeding, or matter involving the United States, shall apply to such persons solely by reason of their appointment to and membership on such Committee. (July 2, 1948, ch. 811, § 10, 62 Stat. 1227; Aug. 10, 1949, ch. 412, § 12 (a), 63 Stat. 591.)

REFERENCES IN TEXT

Sections 93, 198, and 203 of Title 18, referred to in the text, were repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and are now covered by sections 203, 205 and 208 of Title 18, Crimes and Criminal Procedure.

Section 99 of Title 5, referred to in text, was repealed by Pub. L. 87-849, § 3, Oct. 23, 1962, 76 Stat. 1126. See section 207 of Title 18, Crimes and Criminal Procedure.

Section 119, sixth paragraph, of Title 41, referred to in the text, which was derived from act July 1, 1944, ch. 358, § 19 (e), 58 Stat. 668, was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and is now covered by section 207 of Title 18, Crimes and Criminal Procedure.

CHANGE OF NAME

The National Military Establishment was changed to the Department of Defense by act Aug. 10, 1949.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460 of this title. § 460. Duties of Committee; recommendations.

It shall be the duty of the Committee appointed under section 459 of this title to review not less often than once each year the justification for the retention of property in the national industrial reserve established hereunder and (i) to recommend to the Secretary of Defense the disposition of any such property which in the opinion of the Committee would no longer be of sufficient strategic value to warrant its further retention for the production of war material in the event of a national emergency; (11) to recommend to the Secretary of Defense standards of maintenance for the property held in the national industrial reserve; (iii) to review and recommend to the Secretary of Defense the disposal

of that property which in the opinion of the Committee could and should be devoted to commercial use in the civilian economy; and (iv) to advise the Secretary of Defense with respect to such activities under this chapter as he may request. (July 2, 1948, ch. 811, § 11, 62 Stat. 1228.)

§ 461. Reports to Congress.

The Secretary of Defense shall submit to the Congress on April 1 of each year a report detailing the action taken by it under this chapter and containing such other pertinent information on the status of the national industrial reserve as will enable the Congress to evaluate its administration and the need for amendments and related legislation. (July 2, 1948, ch. 811, § 12, 62 Stat. 1228.)

§ 462. Appropriations.

There are authorized to be appropriated to the Office of the Secretary of Defense and to the Administrator of General Services out of any moneys in the Treasury not otherwise appropriated, such sums as the Congress may, from time to time, determine to be necessary to enable the Secretary of Defense and the Administrator of General Services to carry out their respective functions under this chapter. (July 2, 1948, ch. 811, § 14, 62 Stat. 1228; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380.)

TRANSFER OF FUNCTIONS

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103(b) of that act. Section 103 is set out as section 630b of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

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public works, including buildings, facilities, appurtenances, utilities, and access roads, and to provide for necessary administration and planning therefor, without regard to section 1339 of Title 10, section 529 of Title 31, and section 259 of Title 40, as he may deem necessary in the interest of national security: Provided, That not to exceed $85,500,000 shall be appropriated for the construction of public works authorized by this section.

The Secretary of the Air Force is authorized to procure communication services required for the semiautomatic ground environment system. No contract for such services may be for a period of more than ten years from the date communication services are first furnished under such contract. The aggregate contingent liability of the Government under the termination provisions of all contracts authorized hereunder may not exceed a total of $222,000,000 and no termination payment shall be final until audited and approved by the General Accounting Office which shall have access to such carrier records and accounts as it may deem necessary for the purpose. In procuring such services, the Secretary of the Air Force shall utilize to the fullest extent practicable the facilities and capabilities of communication common carriers, including rural telephone cooperatives, within their respective service areas and for power supply, shall utilize to the fullest extent practicable, the facilities and capabilities of public utilities and rural electric cooperatives within their respective service areas. Negotiations with communication common carriers, including cooperatives, and representation in proceedings involving such carriers before Federal and State regulatory bodies where such negotiations or proceedings involve contracts authorized by this paragraph shall be in accordance with the provisions of section 481 of Title 40. (Mar. 30, 1949, ch. 41, § 1, 63 Stat. 17; Aug. 3, 1956, ch. 939, title III, § 303, 70 Stat. 1012.)

REFERENCES IN TEXT

Section 1339 of Title 10, referred to in the text, was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641, and is now covered by sections 4774 and 9774 of Title 10. Armed Forces.

Section 259 of Title 40, referred to in text, was repealed by Pub. L. 86-249, § 17(12), Sept. 9, 1959, 73 Stat. 485.

AMENDMENTS

1956 Act Aug. 3, 1956, authorized procurement of communication services required for the semiautomatic ground environment system.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 492, 493, 494 of this title.

§ 492. Acquisition of land.

In furtherance of section 491 of this title, the Secretary of the Air Force is authorized to make surveys and to acquire lands and rights pertaining thereto or other interests therein, including the temporary use thereof, by donation, purchase, exchange of Government-owned lands, or otherwise, and to place permanent and temporary improvements thereon whether such lands are held in fee or under lease, or under other temporary tenure. (Mar. 30, 1949, ch. 41, § 2, 63 Stat. 17.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 493, 494 of this title.

§ 493. Appropriation authorization.

There is authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, such sums as may be necessary to carry out the purposes of sections 491 to 494 of this title, and when so specified in an appropriation Act such amounts shall remain available until expended. (Mar. 30, 1949, ch. 41, § 3, 63 Stat. 18.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 494 of this title.

§ 494. Supervision and control of project.

The provisions of sections 491 to 494 of this title shall be subject to the duties and authority of the Secretary of Defense and the departments and agencies of the Department of Defense as provided in the National Security Act of 1947. (Mar. 30, 1949, ch. 41, § 4, 63 Stat. 18; Aug. 10, 1949, ch. 412, § 12 (a), 63 Stat. 591.)

REFERENCES IN TEXT

The National Security Act of 1947 referred to in the text, was classified to former sections 171-171n, 181-1, 181-2, 411a, 411b, 626-626c of Title 5, and to sections 401405 of this title.

CHANGE OF NAME

The National Military Establishment was changed to the Department of Defense by act Aug. 10, 1949.

Sec. 501.

502.

503. 504.

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Delegation of authority by Secretary of Defense; contributions for support.

§ 501. Establishment of long-range proving ground for guided missiles and other weapons; jurisdiction of Secretary of the Air Force; use by all Services. The Secretary of the Air Force is authorized to establish a joint long-range proving ground for guided missiles and other weapons by the construction, installation, or equipment of temporary or permanent public works, including buildings, facilities, appurtenances, and utilities, within or without the continental limits of the United States, for scientific study, testing, and training purposes by the Departments of the Army, Navy, and Air Force. (May 11, 1949, ch. 98, § 1, 63 Stat. 66.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 502, 503, 504 of this title.

§ 502. Acquisition of land.

The Secretary of the Air Force is authorized in discharging the authority given in section 501 of this title to make surveys, to acquire lands and rights or other interests pertaining thereto, including the temporary use thereof, by donation, purchase, exchange of Government-owned lands, or otherwise, without regard to section 529 of Title 31. Prior to the acquisition under the authority of this section of any lands or rights or other interests pertaining thereto, the Secretary of the Air Force shall come into agreement with the Armed Services Committees of the Senate and the House of Representatives with respect to the acquisition of such lands, rights, or

other interests. (May 11, 1949, ch. 98, § 2, 63 Stat. 66.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 503, 504 of this title.

§ 503. Appropriations.

There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, not to exceed $75,000,000 to carry out the purposes of sections 501 and 502 of this title. (May 11, 1949, ch. 98, § 3, 63 Stat. 66.)

§ 504. Delegation of authority by Secretary of Defense; contributions for support.

The Secretary of Defense is authorized, in his discretion, to transfer to the Secretary of the Army or the Secretary of the Navy, and to retransfer from either of such Secretaries to the other or to the Secretary of the Air Force, all, or any part of, the authority granted by sections 501 and 502 of this title; and, in connection with any such transfer or retransfer, to transfer all or any part of the funds available for the establishment and support of the joint long-range proving ground for guided missiles and other weapons. The Secretary of Defense is further authorized to permit, to the extent that he may deem appropriate, the Secretaries of the Army, the Navy, and the Air Force to contribute, with or without reimbursement, to the establishment and support of the joint long-range proving ground for guided missiles authorized by this chapter, by the loan, assignment, or transfer of personnel, supplies, equipment, and services. (May 11, 1949, ch. 98, § 4, 63 Stat. 66.)

Chapter 20.-WIND TUNNELS

SUBCHAPTER I. CONSTRUCTION OF WIND-TUNNEL FACILITIES

Sec. 511. Joint development of unitary plan for construction of facilities; construction at educational institutions. 512. Limitation on cost of construction and equipment; vesting of title to facilities.

513. Expansion of existing facilities; appropriations; testing of models.

514. Expansion of facilities at Carderock, Maryland. 515. Reports to Congress.

SUBCHAPTER II. AIR ENGINEERING DEVELOPMENT CENTER

521. Establishment; construction, maintenance, and operation of public works and wind tunnels. 522. Acquisition of lands; advance payments for construction.

523. Employment of civilian personnel. 524. Appropriations.

SUBCHAPTER I. CONSTRUCTION OF WINDTUNNEL FACILITIES

§ 511. Joint development of unitary plan for construction of facilities; construction at educational institutions.

The Administrator of the National Aeronautics and Space Administration (hereinafter referred to as the "Administrator") and the Secretary of Defense are authorized and directed jointly to develop a unitary plan for the construction of transsonic and supersonic wind-tunnel facilities for the solution of research, development, and evaluation problems in aeronautics, including the construction of

facilities at educational institutions within the continental limits of the United States for training and research in aeronautics, and to revise the uncompleted portions of the unitary plan from time to time to accord with changes in national defense requirements and scientific and technical advances. The Administrator and the Secretaries of the Army, the Navy, and the Air Force are authorized to proceed with the construction and equipment of facilities in implementation of the unitary plan to the extent permitted by appropriations pursuant to existing authority and the authority contained in this chapter. Any further implementation of the unitary plan shall be subject to such additional authorizations as may be approved by Congress. (Oct. 27, 1949, ch. 766, title I, § 101, 63 Stat. 936; July 29, 1958, Pub. L. 85-568, title III, § 301(d) (1), (2), 72 Stat. 433.)

AMENDMENTS

1958-Pub. L. 85-568 substituted "The Administrator of the National Aeronautics and Space Administration (hereinafter referred to as the 'Administrator')" for "The National Advisory Committee for Aeronautics (hereinafter referred to as the 'Committee')", and "Administrator" for "Committee" in the second sentence.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment of section by Pub. L. 85-568 effective 90 days after July 29, 1958, or on any earlier date on which the Administrator of the National Aeronautics and Space Administration determines, and announces by proclamation, that the Administration has been organized and is prepared to discharge the duties and exercise the powers conferred upon it, see note set out under section 2302 of Title 10, Armed Forces.

SHORT TITLE

Congress in enacting this subchapter provided in section 106 of act Oct. 27, 1949 that it should be popularly known as the “Unitary Wind Tunnel Plan Act of 1949".

§ 512. Limitation on cost of construction and equipment; vesting of title to facilities.

The Administrator is authorized, in implementation of the unitary plan, to construct and equip transsonic or supersonic wind tunnels of a size, design and character adequate for the efficient conduct of experimental work in support of long-range fundamental research at educational institutions within the continental United States, to be selected by the Administrator, or to enter into contracts with such institutions to provide for such construction and equipment, at a total cost not to exceed $10,000,000: Provided, That the Administrator may, in his discretion, after consultation with the Committees on Armed Services of both Houses of the Congress, vest title to the facilities completed pursuant to this section in such educational institutions under such terms and conditions as may be deemed in the best interests of the United States. (Oct. 27, 1949, ch. 766, title I, § 102, 63 Stat. 936; July 29, 1958, Pub. L. 85-568, title III, § 301(d) (2), (3), 72 Stat. 433.)

AMENDMENTS

1958-Pub. L. 85-568 substituted "Administrator" for "Committee" in three instances, and "his" for "its".

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-568 effective 90 days after July 29, 1958, or on any earlier date on which the Administrator of the National Aeronautics and Space Administration determines, and announces by proclamation, that the Administration has been organized and is prepared to discharge the duties and

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